Category Archives: Insights

Havana Rights: How Lifting the Cuban Embargo Could Affect Trademark Rights to the Cohiba Brand

BY DIANA JORDAN — Few trademarks rival the exclusivity of the Cohiba brand. But who should profit from the brand name cigars’ fame and notoriety? To resolve this decades-old dispute, American cigar manufacturer General Cigar and its Cuban counterpart, Cubatabaco, have decided to once again duke it out in classic American fashion—through litigation. In 1972, […]

Which Will be Healthier, State or Federal Exchanges: The Looming Implications of King v. Burwell

BY ANDREA NICKERSON — Although the Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (“ACA”) and related statutes in National Federation of Independent Business, it will undoubtedly continue to address issues associated with the actual implementation of the statute. On November 7, the Court granted certiorari for King v. Burwell, […]

Free Speech Victory: Florida Bar Prohibition on Past Results Struck Down

BY DALISI OTERO — In Rubenstein v. Florida Bar, Judge Beth Bloom of the United States District Court for the Southern District of Florida ruled last month that the Florida Bar’s ban on attorneys’ use of past results for advertising is unconstitutional under the Free Speech Clause of the First Amendment. Judge Bloom concluded the […]

Florida Supreme Court Stops Government from Obtaining Cell-Phone Location Data Without Warrant; Will Eleventh Circuit Follow Suit?

BY JEREMY H. D’AMICO — Anyone who has seen CSI knows that the government can locate the position of a person’s cell phone when a call is made. But maybe you did not know that the government has been able to use Cell Site Location Information (“CSLI”) to track the location of a cellular device […]

What’s Driving the Ridesharing Debate?

BY NICOLE HALMOUKOS — Uber Technologies, Inc., one of the most popular and expansive of a number of “e-hailing” apps to arrive in the personal transportation space, allows users to summon a ride using their smartphone. A glance at the young company’s financial growth is impressive: it has raised over $1.5 billion in venture capital, reached […]