Carey Rodriguez Milian LLP Blogs Feed

CRM SETTLEMENT APPROVED IN BIPA LAWSUIT AGAINST SHUTTERFLY

01 Oct 2021 00:00:00 -0800

Last month, the United States District Court for the Northern District of Illinois approved a settlement between Shutterfly Inc. and a class of 950,000 Illinois residents disposing of the class members’ claims for damages and injunctive relief against Shutterfly. The case, originally brought in Illinois state court in 2019 but later removed to federal court, sought to hold Shutterfly liable for employing facial-recognition technology to scan and detect users’ likenesses in photographs uploaded to the website and collect their biometric data, unbeknownst to these users and in violation of the Illinois Biometric Information Privacy Act.

On September 9, 2021, Judge Raymond W. Mitchell appointed Carey Rodriguez partner David Milian lead counsel for the class and approved the terms of the class wide settlement. The settlement calls for Shutterfly to change its business practices going forward by obtaining permission from its Illinois based customers before applying facial recognition technology to photos uploaded to Shutterfly’s site and by publishing a retention policy detailing how Shutterfly will store and dispose of biometric data. In addition, Shutterfly will pay $6.75 million to the class of affected Illinois residents, $2.4 million of which the court awarded to class counsel for attorney’s fees and litigation expenses.

To read more about the settlement obtained by Carey Rodriguez attorneys on behalf of this class, please click here.

CRM Lawyers Recognized By Best Lawyers

23 Aug 2021 00:00:00 -0800

We are thrilled to announce that several CRM attorneys were recognized by Best Lawyers. Best Lawyers is one of the oldest and most highly respected peer-review guides to the legal profession worldwide. This award honors lawyers who have demonstrated “outstanding professional excellence in private practice in the United States.”

Congratulations to CRM Partner John Carey who was recognized for his work in Intellectual Property Litigation, Patent Litigation, and Patent Law.

Congratulations to CRM Partner David Milian who was recognized for his work in Commercial Litigation, Bankruptcy Litigation, and Real Estate Litigation.

And finally, congratulations to CRM Associates Alejandra Alvarez and Bianca Alvarez who have been recognized as “Ones to Watch” in the area of Commercial Litigation.

We are so proud of this recognition of our top-tier team!

David Milian to be Recognized by Shake-A-Leg Miami

19 Jul 2021 00:00:00 -0800

Partner David Milian has served on the board of directors of Shake-A-Leg Miami for 10 years. Shake-A-Leg Miami is a charity focused on helping children and adults with physical, developmental, and economic challenges. The organization utilizes Biscayne Bay to improve the health, education, and independence of these children and adults through environmental lessons, therapeutic sailing, swimming, and kayaking.

On July 26, Shake-A-Leg is celebrating the 31^st anniversary of the Americans with Disabilities Act and will be recognizing David Milian for his long-standing service to the organization and assistance in making life more accessible for people with disabilities. Congratulations to David Milian for his part in improving the independence and quality of life for people with disabilities!

If you would like to learn more about Shake-A-Leg Miami and how you can help, please visit its website here.

CRM ATTORNEYS RECOGNIZED BY SUPER LAWYERS

24 Jun 2021 00:00:00 -0800

We are thrilled to announce that several CRM attorneys were recognized by Super Lawyers as top-rated litigators in their fields. Though only 5% of the state’s lawyers receive this distinction, we are excited to share that several of our attorneys made the list.

Congratulations to CRM Partner David Milian who was recognized as a Super Lawyer in the area of Business Litigation. This marks the fifth consecutive year that he has been honored with this award and his ninth time overall.

Congratulations to CRM Partner John Carey who was recognized as a Super Lawyer in the area of Intellectual Property Litigation. This marks the fourth consecutive year that he has been honored with this award.

Finally, congratulations to CRM Associate Nicholas Doyle who was recognized as a Rising Star in the area of Intellectual Property Litigation. This is his second time receiving this distinction.

The full 2021 Florida Super Lawyers list can be viewed here.

CRM WELCOMES NEW GROUP OF SUMMER ASSOCIATES

14 Jun 2021 00:00:00 -0800

Carey Rodriguez Milian, LLP, welcomed a group of four summer associates this year. The summers have all achieved a high level of success at their respective law schools and come from a broad range of hometowns and undergraduate experiences. The firm is thrilled to have them! Read on to learn more about the class.

Peter Agola

Peter is a rising 2L at the University of Miami School of Law. He is from Long Island, New York, and graduated from the University of Miami in 2020 with a Bachelor of Science in Business Administration, Majoring in Finance and Legal Studies with a Minor in Accounting. During the summers of 2018 and 2019 he interned at interdealer broker TP ICAP in New York City, rotating between various brokerage desks, including US Treasuries, Equity Derivatives, and Federal Agencies. Peter was selected as a Bermont/Carlin Scholar at the University of Miami School of Business in 2018 based on academic achievement, written assignments, oral presentations, and personal experience. He is interested in business law and is excited to have the opportunity to learn from hands on experience and from Carey Rodriguez Milian’s skilled and experienced attorneys over the course of the summer.

Peter is an avid runner and enjoys boating and being outdoors. On Saturdays in the fall, you can find him watching the Miami Hurricanes play football.

Sarah Busby

Sarah is a rising 3L at the University of Virginia School of Law where she is on the Editorial Board of the Virginia Tax Review and the Executive Board of the J.B. Moore International Law Society.

Sarah is a Florida native and graduated from Florida State University with degrees in English Literature and International Affairs. After graduating, she worked as an English Teacher at a university in Quito, Ecuador, and then as an Education Coordinator and Data & Assessment Associate for the largest charter school network in New York City.

Last summer, Sarah served as a law clerk for the Consumer Protection Section of the Colorado Department of Law, where she worked on deceptive advertising litigation. Sarah has also served as a pro bono law clerk for Florida’s Second Judicial Circuit Public Defender.

Sarah enjoys writing and is looking forward to the substantive litigation experience that Carey Rodriguez Milian offers during the summer. In her free time, Sarah enjoys spending time outdoors, reading a good book, and spending time with her friends and family.

Kyle Forges

Kyle Forges is a rising 3L from the University of Florida. Before attending law school, Kyle was named his family’s honorary “Avoka,” Creole for attorney, because of his love for debating. He decided to attend law school to live up to the title. Kyle began his first year of law school at Nova Southeastern University where he served as a 1L Representative for both the Student Bar Association and the Caribbean Law School Association. During his first year, Kyle competed in the Nova 1L Closing Argument Competition where he received second place and won the Nova Moot Court 1L Feinrider Competition. After his first year at Nova, Kyle transferred to the University of Florida. During his first few months at UF, Kyle was granted the opportunity to present oral arguments before the Florida Supreme Court with the Florida Moot Court Team. He currently serves as the Vice Chair of Intermural Competition of the Florida Moot Court Team and the Executive Student Works Editor of the Florida Journal of International Law.

Outside of school, Kyle enjoys writing spoken word poetry, rapping, and hanging out with friends. He describes himself as a “SoundCloud Rapper” who decided to go to law school. While he has little faith that his rap career will take off, Kyle is certain that his summer at Carey Rodriguez will jump start his legal career. This summer, Kyle will be working with the firm’s litigation team. During his time with the firm, Kyle hopes to fine tune his legal research and writing skills and his oral advocacy skills.

Brandon Pongracz

Brandon Pongracz is a rising 3L at the University of Florida Levin College of Law. He came to law school with his eyes set on practicing intellectual property law. At UF law, Brandon is the Executive Research Editor of the Journal of Technology Law & Policy and has received CALI awards in Legal Writing, Legal Research, Patent Prosecution, and Trademark Law. Last summer, Brandon externed at the USPTO where he reviewed patent applications and conducted research on patent rejections.

Prior to law school, Brandon received his bachelor’s degree in Industrial and Manufacturing Systems Engineering from Iowa State University, graduating magna cum laude. He also worked as a manufacturing engineer at Eaton Corporation during his gap year before law school, working with load centers and meter breakers.

Outside of academics, Brandon is an avid runner and has run two marathons. He is excited about working at Carey Rodriguez and experiencing Miami.

CRM CERTIFIED AS CLASS COUNSEL IN TCPA SUIT AGAINST PET SUPERMARKET

11 Jun 2021 00:00:00 -0800

On April 23, 2021, a team of Carey Rodriguez Milian attorneys, led by David Milian and Ruben Conitzer, won two major victories for its client before the Eleventh Judicial Circuit In and For Miami-Dade County, Florida, in Eldridge v. Pet Supermarket, Inc., Case No. 2020-006035-CA-01 (44).

In 2017, during a visit to a Pet Supermarket store, a store clerk alerted the Firm’s client, Troy Eldridge, about a raffle for a year’s supply of free pet food. To enter, Mr. Eldridge had to text the word “PETS” to 65047. Unbeknownst to Mr. Eldridge, entering in this raffle automatically enrolled him in Pet Supermarket’s recurring text message marketing program. Thus, Mr. Eldridge received marketing copyright autodialed messages on his cell phone in violation of the Telephone Consumer Protection Act (TCPA).

Pet Supermarket moved for summary judgment on the ground that Mr. Eldridge lacked standing to sustain his claim under the TCPA. Mr. Eldridge moved to certify a nation-wide class of similarly situated parties alleging that more than 100,000 other individuals received texts from Pet Supermarket without prior express written consent. The Court found for Mr. Eldridge on both matters and certified a nationwide class.

Regarding the motion for summary judgment, the Court found that the plaintiff is not required to show any injury beyond a violation of the TCPA. Furthermore, the Court cited a bevy of case law from around the country in which standing was upheld where a violation of the TCPA was sustained by the receipt of just one or two text messages. Finally, the Court found that Mr. Eldridge had sufficiently alleged various injuries-in-fact to meet the demands of Article III standing, including phone battery drain, use of his home’s electricity or car battery, use of available phone memory and storage, and use of phone processing capabilities.

Regarding class certification of the case as a class action, the Court found all of the requirements under Rule 1.220 of the Florida Rules of Civil Procedure were met. First, the Court determined that the members of the class were so numerous as to render joinder of each member impractical. Specifically, Pet Supermarket admitted that at least 5000 consumers received identical marketing text messages to Mr. Eldridge. Furthermore, the legal and factual issues of the class members would be common and include (1) whether Pet Supermarket sent text messages, (2) whether the text messages were sent using an automatic telephone dialing system (ATDS), (3) whether the text messages introduce an advertisement or constitute telemarketing, (4) whether Pet Supermarket obtained prior express written consent to send the text messages, (5) whether the conduct was knowing or willful, and (6) whether Pet Supermarket’s enrollment contained the requisite clear and conspicuous disclosures. The Court also found that the class members experience were typical because each member was subject to Pet Supermarket’s business practice of sending advertisement and telemarketing text messages en masse using ATDS without obtaining prior express written consent.

Finally, the Court found that the class would be adequately represented by Carey Rodriguez Milian, LLP. Like other courts across the country, the Court here found that “Carey Rodriguez Milian . . . regularly engage in major complex litigation and have been appointed lead class counsel in consumer class action lawsuits.” Further, the firm is “highly competent and . . . possess substantial experience litigating class action lawsuits on behalf of aggrieved investors.” Thus, the Court found that Carey Rodriguez Milian is “adequately prepared to prosecute this action.”

Pet Supermarket Motion for Summary Judgment Order

Pet Supermarket Order on Class Certification

FEDERAL CIRCUIT SIDES WITH CAREY RODRIGUEZ CLIENT IN APPEAL AGAINST COKE

15 Apr 2021 00:00:00 -0800

The Federal Circuit ruled that a Georgia federal judge wrongly let Coca-Cola Co. off the hook for allegedly infringing a patent covering a beverage dispenser that can recognize users and dispense customized drinks, finding the judge's decision relied on an incorrect claim construction. Read full article here

CLASS ACTION CASE AGAINST MAJOR LEAGUE BASEBALL AND THE SAN FRANCISCO GIANTS

15 Apr 2021 00:00:00 -0800

Carey Rodriguez attorneys allege that Major League Baseball and the San Francisco Giants are illegally sending robotic marketing text messages in an attempt to stay on their fans' minds as television ratings and game attendance plummet. Read full article here.

SETTLEMENT IN PRINCIPLE REACHED IN SHUTTERFLY CLASS ACTION

15 Apr 2021 00:00:00 -0800

Carey Rodriguez attorneys have reached a settlement in principle on behalf of Illinois Residents to resolve their claims that photo-sharing service Shutterfly stored their biometric data from its facial-recognition technology without their consent. Read full article here.

Goal! How Attorneys Saved a Client From Soccer's Biggest Scandal

01 Jan 2021 00:00:00 -0800