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Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Client Alert

“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

February 19, 2024On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect which creates a procedure for an attorney to appear in a limited manner in civil proceedings.  Currently, when a Florida attorney appears in a civil proceeding, he or she is reasonable for handling all aspects of the case for their client.  This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court.  For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss.  Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case.Blog Post

Litigation Holds: First Aid for the Thorn in a Corporation’s Side

July 25, 2023Client Alert

The Current State of Assignment of Benefits Litigation in Florida

August 5, 2022On May 25, 2022, Florida lawmakers approved property insurance reforms that remove attorney’s fees, with respect to assignment of benefits (“AOB”) property insurance litigation. One-way attorney’s fees are a longstanding problem in Florida and the reforms come at a time when AOB litigation increasingly affects homeowners in a negative way.Multimedia

HIPAA and Cybersecurity 10 Steps You Should Take Now To Protect Your Organization

June 13, 2022Kate Hickner sits down with Andy Jones, Brandon Pauley, and Kyle Johnson to discuss recent developments in cybersecurity and today's threat environment. Kate shares with us the HIPAA privacy tips, Andy Jones discusses the security considerations from an expert, Brandon Pauley shares with us incident response from a legal perspective, and Kyle Johnson shares with us, post-incident litigation. Be sure to subscribe to our YouTube channel to learn more!Client Alert

Laboratory Specimen Collection Arrangements with Contract Hospitals - OIG Advisory Opinion 22-09

May 3, 2022On April 28, 2022, the Department of Health and Human Services, Office of Inspector General (“OIG”) published an Advisory Opinion[1] in which it evaluated a proposed arrangement where a network of clinical laboratories (the “Requestor”) would compensate hospitals (each a “Contract Hospital”) for specimen collection, processing, and handling services (“Collection Services”) for laboratory tests furnished by the Requestor (the “Proposed Arrangement”). The OIG concluded that the Proposed Arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) if the requisite intent were present. This is due to both the possibility that the proposed per-patient-encounter fee would be used to induce or reward referrals to Requestor and the associated risk of improperly steering patients to Requestor.News Article

BMD Adds Evidence Optix® to its Litigation eDiscovery Workflow

February 16, 2022Insight Optix, a legal technology company, is pleased to announce that Brennan Manna Diamond (BMD), a business law firm with more than 75 attorneys and nine offices across the country, is adding Evidence Optix (EO) to its discovery workflow.Client Alert

The New Rule 1.510 - Radical Change for Summary Judgement Procedure in Florida

June 8, 2021In civil litigation, where both sides participate actively, trial is usually required at the end of a long, expensive case to determine a winner and a loser. In federal and most state courts, however, there are a few procedural shortcuts by which parties can seek to prevail in advance of trial, saving time, money and annoyance. The most common of these is the “motion for summary judgment”: a request to the court by one side for judgment before trial, generally on the basis that the evidence available reflects that a win for that party is legally inevitable and thus required. Effective May 1, 2021, summary judgment procedure in Florida has radically changed.Client Alert

BMD Appellate Win Clarifies Waiver of Contractual Right to Arbitrate

April 12, 2021Brennan, Manna & Diamond, LLC attorneys David M. Scott, Lucas K. Palmer, and Krista D. Warren prevailed before the United States Court of Appeals for the Sixth Circuit regarding if/when a party waives a contractual right to arbitrate. Borror Property Management, LLC v. Oro Karric North, LLC, No. 20-3146 (the “Decision”).Client Alert

BMD Obtains Supreme Court Victory on Behalf of Sterilite of Ohio, LLC

August 28, 2020Columbus, Ohio – On August 26, 2020, the Supreme Court of Ohio issued its opinion in Lunsford v. Sterilite of Ohio, LLC, Slip Op. No. 2020-Ohio-4193. The Supreme Court’s 4-3 decision reversed an Ohio Court of Appeals ruling that had reinstated a putative class action against Sterilite brought by a group of current and former employees claiming that Sterilite’s use of “direct observation” urinalysis screening violated their common law right to privacy.Client Alert

Lockdowns, Landlords, & Litigation: Abercrombie & Fitch Flips The Script on Simon Property Group Inc.

August 4, 2020Novel litigation between commercial property owners and tenants arises from COVID-19 lockdowns. Typically, owners sue for nonpayment of rent. But in Franklin County, Ohio, a large retail tenant turned the tables and sued the owner to recoup payments.Client Alert

Healthcare Acquisitions and Divestitures During the COVID-19 Pandemic

July 9, 2020It seems as though all aspects of our personal and professional lives have been impacted in one way or another by the COVID-19 public health emergency. Healthcare acquisitions and divestitures are no exception. Although the ramifications depend on the specific circumstances of each transaction, we are noticing certain common threads woven among recently closed and currently in progress transactions in the healthcare industry. Here are a few of the questions that often arise as we work with clients to navigate the current business landscape both during and after the COVID epidemic.Blog Post

Crain's Cleveland Recognizes Duriya Dhinojwala as a 2020 Woman of Note

June 29, 2020Duriya (DD) Dhinojwala's heart, drive and dedication are just a few of the commendable qualities that make her a Woman of Note. Learn more about DD's background and path to success here.Client Alert

CARES Act and Financial Institutions – Litigation Update

May 15, 2020The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Paycheck Protection Program (“PPP”) have allowed some businesses to remain operational during the COVID-19 pandemic. For these businesses, obtaining access to funds under these programs has proved vital.News Article

Jury Awards Care Center $225,000

November 6, 2019Congratulations to Scott Sandrock on the jury verdict in favor of our client. The verdict stems from the lawsuit filed on behalf of our client against Spectrum Cable for fraud in connection with business services. The jury awarded Plaintiff $22,000 for compensatory damages, plus $225,000 in punitive damages and recovery of attorney fees in favor of our client.Client Alert

BMD Obtains Dismissal of ADA Title III Suit Against National Outlet Mall Chain

February 6, 2018On January 12, 2018, Brennan, Manna & Diamond obtained the dismissal of an Americans with Disabilities Act (“ADA”) lawsuit filed against Tanger Factory Outlet Centers, Inc. in the U.S. District Court for the Western District of Michigan. The suit, which was brought under Title III of the ADA, alleged that Tanger’s Byron Center, Michigan outlet mall contained barriers to access in violation of the ADA’s accessibility requirements. The plaintiff demanded prospective injunctive relief, including a retrofit of the entire mall, as well as expert witness and attorneys’ fees.News Article

BMD Seeking Recovery for Opioid Losses on behalf of Summit County and its Political Subdivisions

December 21, 2017As the opioid epidemic continues to take its toll on our community, its resources and straining the already tight budgets, Brennan Manna & Diamond, on behalf of Summit County and its political subdivisions, filed a complaint against those companies that make or distribute prescription opioids seeking recovery of the County's losses as a result of the opioid crisis.Client Alert

President Trump’s Effect on the Workplace

October 5, 2016When President-elect Trump takes office, what can employers expect? What will be the effect of his presidency on the workplace and workforce? The probabilities and possibilities range from minor to major changes, with both short and long-term effects.Blog Post

Duty to Preserve ESI: The Stakes Just Got Higher

August 10, 2016A recent federal court decision highlights the potentially severe consequences for companies that do not take the proper steps to preserve electronically stored information (“ESI”) in anticipation of or in connection with litigation.