Eleventh Circuit Provides Clarity to Incorporation-By-Reference Doctrine

The United States Court of Appeals for the Eleventh Circuit recently clarified the incorporation-by-reference doctrine in terms of how a lower court may treat documents outside the four corners of the complaint in deciding both motions to dismiss and motions for judgment on the pleadings with respect to Federal Rule of Civil Procedure[1] 12(d). This…

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Summarizing Proposed Changes to Florida Rules of Civil Procedure

The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two[1] separate[2] per curiam opinions introducing proposed substantial amendments to the Florida Rules of Civil Procedure (the “Rules”) in order to expedite what has proven to be a backlog of cases (recently, a judge in Miami-Dade County stated…

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Investment Advisors Face Added Regulation That Could Potentially Impact Litigation

On February 13, 2024, FinCEN issued a Notice of Proposed Rulemaking (NPRM) to deter criminals and foreign adversaries who seek to potentially compromise the U.S. financial system and assets through investment advisors. If passed, the new rule would make investment advisors subject to the Bank Secrecy Act (BSA) by expanding the definition of “financial institution”…

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