Member Publications

Metaverse, is the virtual-reality space in which users interact via computer-generated environment, something similar to what already exists on gaming platforms. It is a simulated digital environment that encompasses a network of 3D virtual worlds focused on social connection. Non-fungible tokens and their underlying technology have surged the market value of digital assets. From gaming to art and…

An employer was in the crosshairs of a federal discrimination lawsuit after rescinding an African-American woman’s offer of employment because she wore her hair in dreadlocks and refused to change them. The employer prevailed before the U.S. Circuit Court of Appeals for the Eleventh Circuit, but businesses nonetheless should be cautious, says Nichole M. Mooney, a labor and employment attorney in D…

In a case of first impression, Florida's Fourth District Court of Appeal ruled last week that a construction defect action against a homebuilder was timely because the mandatory pre-suit notice of defect was sent to the builder before the ten-year statute of repose lapsed, even though the lawsuit was filed outside the ten-year period. The Fourth District found that service of the mandatory pre-sui…

One common thread that runs through the horrific acts of violence in schools, workplaces, nightclubs and other public places seen in recent years is that the disturbed individuals who commit mass shootings often leave a digital trail warning of their intentions. A Dean Mead attorney cautions that there is growing sentiment to force internet and social media companies to be more proactive. Recently…

On June 28, 2018, the Supreme Court granted certiorari in Fourth Estate Public Benefit Corp. v. Wall-Street.com to resolve a Circuit Split over what constitutes "registration" for purposes of filing a copyright infringement lawsuit. Fourth Estate is a news organization that licenses online articles. After the license between Fourth Estate and Wall-Street.com terminated, Wall-Street.com conti…

The United States patent laws preclude patenting an invention that was offered for sale or sold more than a year before the application filing date.   Before the Leahy-Smith America Invents Act (“AIA”) in 2013, it was established that the details of the invention need not be disclosed in the terms of the sale for this on bar to apply. The AIA changed the wording of the statute and cast d…

The scenario in DePrince v. Starboard Cruise Services, Inc., No. 3d16-1149, 2018 W 443153 (Fla. 3d DCA 2018), is every retailer's nightmare. A passenger walked into a cruise ship jewelry store and said he wanted to buy a loose, 20-carat diamond. The sales clerks said that they had nothing of that heft in the store, but seeing the opportunity to make a huge sale, they offered to obtain such a di…

On June 21, 2018, the United States Supreme Court abrogated long-standing precedent prohibiting states from requiring the collection of use tax by out-of-state retailers not having a physical presence in that state. The 5-4 South Dakota v. Wayfair, Inc., et al. decision was not the normal liberal and conservative split of Justices, and it continues a recent string of cases where the highest Court…

Ask a 6th grade student about the secret to successful real estate investments. The parroted answer might be – “location, location, location”. Ask a seasoned real estate developer the same question. The answer may be similar but with a slight refinement – like “find the right location, at the right time”. Everyone knows that is easier said than done. It takes special talent and years of on-ground …

While imitation may be the sincerest form of flattery, every business expects rivals to keep hands off its trademarks. A recent decision by the U.S. Court of Appeals for the 11th Circuit and an earlier ruling by the trial court in the same case send a mixed message for trademark holders, said David P. Hathaway, chair of the Litigation Department at Dean Mead in Orlando and a frequent adviser to cl…