Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

EMPLOYMENT LITIGATION UPDATE: ARBITRATION AGREEMENTS CANNOT ELIMINATE PLAN-WIDE RELIEF UNDER ERISA

By Miguel J. Chamorro On December 15, 2025, the Eleventh Circuit Court of Appeals joined several circuit courts in refusing to enforce arbitration agreements that purport to waive plan-wide relief […]

UNDOCK THAT APPEAL—THE FEDERAL ARBITRATION ACT DOESN’T APPLY TO WORKERS ENGAGED IN INTERSTATE COMMERCE

By Miguel J. Chamorro The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), broadly construes arbitration clauses in contracts “evidencing a transaction involving commerce.” 9 U.S.C. § 2. See Citizens […]

FLORIDA’S NEW STEM CELL LAWS: UNBURDENED BY WHAT HAS BEEN

On July 1, 2025, Florida’s new “Stem Cell Therapy” legislation became effective, adding Fla.Stat. § 458.3245 to Florida’s Medical Practices statutes and § 459.0127 to Florida’s Osteopathic Medicine statutes. Florida’s […]

Florida’s New Flood Disclosure Law: What Tenants, Landlords, and Buyers Need to Know

Starting October 1, 2025, Florida’s Flood Disclosure Law (CS/CS/SB 948, 2025 Legislature) took effect, bringing sweeping changes to landlord-tenant, real estate sales, condominium, cooperative, and mobile home park transactions. The […]

Note to Businesses with Arbitration Clauses in Their Consumer Agreements: Get the Clause Approved

By Miguel J. Chamorro Sometimes consumers rush to court to sue a business when they should have instead gone to arbitration. Consumers may overlook that the business’s terms and conditions […]

Twitter Arbitration Clash: Second Circuit Says Fight Over Ongoing Fees is Not a Refusal to Arbitrate

By Miguel J. Chamorro Introduction Every so often an employee files a demand in arbitration against its employer as required by an employment agreement, but the employer refuses to pay […]

SUBROGEES BEWARE—YOU CAN BE COMPELLED TO ARBITRATE AS THIRD-PARTY BENEFICIARIES TO AN ARBITRATION AGREEMENT

By Miguel J. Chamorro Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of […]

The GLP-1 Saga Continues: FDA Ends the Tirzepatide Shortage: Frequently Asked Questions

On December 19, 2024, FDA formally announced the end of the tirzepatide shortage in a Declaratory Order issued to Eli Lilly & Co. (“Lilly”). Lilly is tirzepatide’s patentholder and the […]

Drug or biologic? An Eli Lilly lawsuit could impact weight loss drug compounders

By Nicole DeFeudis November 22, 2024 Eli Lilly and Novo Nordisk have filed dozens of lawsuits against compounding pharmacies marketing their own versions of popular weight loss and diabetes drugs. […]

THE ROLE OF DELEGATION CLAUSES IN MOTIONS TO COMPEL ARBITRATION WHEN YOUR FAMILY MEMBER SIGNS AN ARBITRATION AGREEMENT

It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of […]