Holland & Knight Legal Podcast

Growth initiatives throughout California municipalities demonstrate how local housing policy can change a city's map while also running up against statewide legislation. In this episode of "Real Estate Law Unlocked," Los Angeles land use attorney Ryan Leaderman speaks with West Hollywood Mayor John Heilman about housing density, housing affordability, transit expansion and the tension between state mandates and local planning. Heilman points to West Hollywood's early rent control ordinance, inclusionary housing programs and support for affordable housing development as ways the city focused on opportunity from its founding, then explains how the upcoming K line extension and Senate Bill (SB) 79 could reconfigure where new development goes. He also describes how California's density bonus law and Housing Accountability Act introduce beneficial tools for local governments while also resulting in unintended roadblocks. This conversation highlights how local leaders manage growth while balancing competing interests.

Successful cross-border business now turns on compliance as much as commerce. In this episode of "Legal Bites," Partners Jessica Brown, Alejandro A. Sánchez Mújica and Oscar Alejandro Quiroz-Chávez examine how recent U.S. cartel designations are changing the legal landscape for American companies operating or investing in Mexico, especially in the agricultural sector. Citing examples from avocado production in Michoacán and recent enforcement actions involving Mexican financial institutions and public officials, they show how even organizations that already have robust compliance controls can face scrutiny, disrupted payments and serious legal exposure when cartel activity touches a supply chain, transaction or business partner. The attorneys emphasize that companies can still pursue opportunity in Mexico, but they must do so with stronger due diligence, updated compliance measures and a clear understanding of how quickly risk can move across national boundaries.

False Claims Act (FCA) enforcement in healthcare is accelerating, and providers cannot afford to wait to react until after the government comes calling. In this episode of "Counsel That Cares," litigation attorneys Meredith Auten and Jessica Sievert discuss the U.S. Department of Justice's new National Fraud Enforcement Division, record enforcement recoveries and the sectors drawing the sharpest scrutiny. They point to concrete examples already shaping the landscape involving Medicare Advantage, drug pricing, medical necessity, wound care, speaker programs and digital health. Ms. Auten and Ms. Siever also talk about the government's expanded use of artificial intelligence (AI) and data analytics to identify fraud patterns and drive cases.

El arbitraje ejecutivo ofrece varias ventajas, pero también genera inquietudes. En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y María Paula Zarco, abogada de litigios, destacan los beneficios de este mecanismo, tales como su mayor rapidez frente al trámite ejecutivo en la jurisdicción ordinaria y la calidad profesional que aportan los árbitros durante el proceso. También abordan algunas desventajas, incluido su carácter oneroso y los costos que implica para las partes. Además, los abogados explican términos nuevos introducidos por la Ley de Arbitraje Ejecutivo de Colombia — el "pacto abierto" y el "pacto cerrado"— así como identifica el momento en que la norma entró en vigor.

Real reform begins when lawyers model the values they want the justice system to protect. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small concludes his discussion of pro bono work in Uzbekistan and reflects on a decade spent helping lawyers and judges advance rule-of-law reforms. He highlights the country's shift from a judge-driven, Soviet-style system to one that embraced constitutional protections such as the presumption of innocence, right to effective counsel and ability to confront witnesses. Mr. Small signs off by emphasizing that trial lawyers have a responsibility to respect the system, strengthen it and remember that others may look to them as a model of justice.

Cross-examination is a key part of the U.S. adversarial system, giving defense counsel one of their most important tools to find the truth and challenge the government. But during litigation attorney Dan Small's pro bono work in Uzbekistan, he encountered lawyers with little to no experience with cross-examination at all. In this episode of "The Trial Lawyer's Handbook," Mr. Small explains that defense lawyers in Uzbekistan at the time had so little power that they could do little more than hold their clients' hands as they were sent to jail. Having the chance to cross-examine a government witness — even in a mock trial — brought one Uzbek lawyer to tears. Listen to the full episode for more on this powerful reminder not to take these rights for granted.

Telehealth innovation succeeds only when compliance discipline matches the pace of growth. In this episode of Counsel That Cares, Holland & Knight healthcare regulatory attorney Shalyn Watkins and Receptive CEO Amber Gill examine how modern telehealth platforms scale nationwide while navigating fragmented regulations that can differ drastically from jurisdiction to jurisdiction. Ms. Gill explains how Receptive reduces friction for patients by separating platform infrastructure from clinical decision-making, while Ms. Watkins details how corporate practice of medicine rules, data privacy laws and controlled substance regulations require careful state-by-state analysis. The discussion delivers a clear takeaway for telehealth providers and the legal professionals advising them: In healthcare disputes and enforcement actions, licensure privacy and regulatory design often determine whether innovative care models withstand scrutiny.

Strong startup ecosystems do not happen by accident. They grow when investors, founders and advisers build trust, share expertise and create clear paths to capital. In this episode of "The Innovation Imperative," Patrick Driscoll and Partner Chauncey Lane talk with Trey Bowles, founder of Park Cities Angel Network (PCAN), about his entrepreneurial background, launching PCAN and why early-stage investing works best when it is rooted in community, supported by disciplined deal flow and focused on practical guidance for founders. Mr. Bowles points to PCAN's organic growth, its partnerships with institutions such as Southern Methodist University and Holland & Knight, and its commitment to giving entrepreneurs candid feedback and early legal guidance as the kind of infrastructure that helps companies avoid costly mistakes and gives local innovation a better chance to scale.

When government offices shut down and need material or economic assistance after a natural disaster, a provision in Florida law can help developers protect project schedules. Real estate attorneys Erica Adams and Alessandria San Roman break down Florida Statute 252.363, a powerful but often overlooked tool that can assist developers when hurricanes, floods and other declared states of emergency disrupt permitting and construction. They explain what qualifies as a development order that can be extended under the statute and list the approval and permits that may be eligible, from certain building and environmental permits to buildout dates for developments of regional impact. They also point out key exclusions that can block an extension and highlight the practical mechanics of tolling and extensions, including how to calculate the paused time and how overlapping emergencies are handled. Ms. Adams and Ms. San Roman conclude by identifying common compliance pitfalls and advising developers to maintain calendar deadlines, review agency-specific requirements and file proactively to keep projects on track. ​

Para registrar una marca, es necesario que esta cumpla con determinados requisitos, entre ellos, que sea lo suficientemente distintiva. Sin embargo, como siempre, existen excepciones. En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés y Ana María Rodríguez, abogada de propiedad intelectual (PI), explican una de las más importantes: la distintividad adquirida. Destacan que una de las principales razones por las que la Superintendencia de Industria y Comercio (SIC) de Colombia suele negar el registro de una marca es la falta de distintividad. No obstante, cuando una empresa demuestra que ha usado su marca, por ejemplo, por un largo periodo y que se ha vuelto ampliamente reconocida en el mercado, puede probar ante la SIC que el signo ha dejado de percibirse en su significado original y ahora se asocia directamente con el signo empresarial.

The fastest way to destroy a witness' credibility is to let the jury think something is being hidden. Litigation attorney Dan Small draws on the mock trial case State v. Faulkner, used for his pro bono work in Uzbekistan, as well as lessons from the Appling County corruption case, to demonstrate this idea in his latest episode of "The Trial Lawyer's Handbook." Mr. Small explores why credibility is won not by pretending a witness is spotless, but by confronting weaknesses head on. From prior convictions and shady pasts to the prosecutor's old rule of BOBS — Bring Out the Bad Stuff — the discussion shows how honesty can defuse cross-examination, build trust with a jury and turn even a deeply flawed witness into a believable one. Along the way, it also highlights the striking cultural differences that emerged as Uzbek lawyers wrestled with the framework of an adversarial trial system and discovered that, in court, honesty is truly the best policy.

In today's regulatory environment, one weak link in your compliance strategy can expose your business to serious legal, financial and reputational risk. In his latest podcast, consumer protection attorney Anthony DiResta delivers a clear, executive-level look at what it takes to build a compliance management system (CMS) that meets the expectations of regulators including the Federal Trade Commission, Federal Deposit Insurance Corp. and Consumer Financial Protection Bureau. He provides practical insight into the essential prongs of a CMS: board and management oversight, written policies and procedures, effective training, ongoing monitoring and audit, consumer complaint response, risk assessment and third-party oversight. With a strong emphasis on leadership, accountability and culture, this episode shows why compliance is not simply a legal obligation, but a core business function that protects the organization, strengthens decision-making and drives long-term success in the marketplace.

When launching a cybersecurity startup, it is essential that your product can both solve a problem consumers currently face and deliver future value beyond that initial fix. In this episode of "The Innovation Imperative," Patrick Driscoll is joined by Partner Jeff Seul and ReversingLabs Co-Founder and CEO Mario Vuksan to discuss Mr. Vuksan's journey through the cybersecurity space and how he identified market gaps and leveraged them to build a leading platform. Mr. Vuksan highlights widespread confusion about software supply chain security, noting that it is often treated as a compliance checklist rather than an actionable remedy. He also advises companies to prioritize critical resilience, as attacks will likely occur at some point in any organization's lifetime and the ability to function the day after an incident can be vital for customers. Looking to the future of cybersecurity, Mr. Vuksan believes the "cat and mouse" dynamic between attackers and defenders will persist and that emerging solutions will be temporary, focused on speed and cost-effectiveness rather than sweeping regulatory overhauls. He also expects artificial intelligence to prove equally useful for offensive and defensive purposes. On the whole, the conversation showcases the importance of truly understanding one's audience and market to identify scalable areas of opportunity, building based on conviction, not trends, and focusing on staying power over perfection.

Order in the courtroom determines whether justice can move forward. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small examines the essential role judges play in the adversarial system through his pro bono work in Uzbekistan and the mock case State v. Faulkner. Drawing parallels to the Farmers Export and Rendle cases, Mr. Small shows how trial lawyers must balance forceful advocacy with respect for judicial authority. He recounts how an Uzbek judge, unfamiliar with the referee role, struggled to manage competing advocates until a makeshift gavel helped establish control. Mr. Small concludes that a fair adversarial system depends not only on skilled advocates but also on judges who can enforce rules and maintain fair, balanced proceedings.

While Miami-Dade County development and South Florida's growing economy dominate headlines, just 40 minutes north lies another hotspot seeing a similar amount of success: Palm Beach County. In this podcast episode, Real Estate attorney Herman Lipkis sits down with Jordan Bargas, Executive Vice President of Development at Related Ross, for a forward-looking conversation on how Palm Beach is evolving from a lifestyle destination to a nationally watched growth market. After Mr. Bargas traces his path from Boca Raton to New York's Hudson Yards and back to Florida, he and Mr. Lipkis explore what "transformational development" looks like in practice: building an interconnected ecosystem of education, healthcare, mobility and entertainment that attracts employers, retains talent and propels long-term economic momentum. From investments in local schools and the Related Ross Foundation's community impact to the rise of technology and innovation hubs to the buzz around next-generation transportation such as air taxis, this episode offers an insightful lens not only on the forces reshaping West Palm Beach, but also the next wave of opportunity across Palm Beach County real estate.

Online commerce may not be a new concept, but the laws governing it continue to evolve. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines the history of the Federal Trade Commission's (FTC) enforcement in the e-commerce space, with a particular focus on negative option billing practices. A negative option is a billing arrangement in which silence or inaction is treated as acceptance of an offer. The FTC drafted a formal amendment to the Negative Option Rule, but it was struck down in July 2025. Despite that setback, the agency has continued to pursue enforcement actions involving false advertising, failure to disclose membership enrollment terms and unnecessarily difficult cancellation processes, all while signaling plans to revisit the rulemaking process. The agency has also emphasized that any platform providing enrollment options must also provide cancellation options that are equally easy to access and use. Mr. DiResta advises that consumers who wish to report fraud, scams or deceptive business practices can do so at reportfraud.ftc.gov.

¿Están empleadores y trabajadores para enfrentar un proceso disciplinario laboral bajo las reglas renovadas de 2025? Edwin Cortés, socio, y Flora Emilia Feijoó, abogada de derecho laboral y seguridad social, destacan los elementos esenciales del nuevo procedimiento, la citación y el traslado de pruebas hasta la diligencia de descargos, explicando por qué cada etapa es crucial para garantizar derechos y asegurar la validez del trámite. Con una perspectiva práctica y consejos puntuales para quienes gestionan equipos, este intercambio se convierte en una guía imprescindible para comprender un tema que influye directamente en la dinámica interna de cualquier organización.

In the United States, a trial by jury is a familiar cornerstone of the justice process. In Uzbekistan, however, trials unfold in a different way. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his experience teaching the U.S. trial system in Uzbekistan by walking participants through the fictitious State v. Faulkner case as part of his pro bono work. While working with Uzbek lawyers and judges, Mr. Small broke down how jurors are selected in the U.S., the role they play and how the judge functions as a neutral referee between the defense and prosecution. Through a mock trial, he demonstrated the U.S. system in action, ultimately resulting in a "not guilty" verdict – nearly unheard of in Uzbekistan's legal environment at the time. Listen to the full episode to hear his reflections, key takeaways and the differences between the two countries' judicial systems.

A food recall can escalate from a routine operational issue to a full-scale business crisis in a matter of hours, which is why preparation is mandatory for food companies of any size. Food and Beverage Litigation attorney Charles Weiss and Sedgwick Business Development – Food Recall Director Ryan Gooley unpack what really drives recalls, from undeclared allergens and labeling mistakes to supplier issues and traceability gaps, and explain why strong planning before a crisis hits can make all the difference. This episode explores what an effective recall plan should include, how meaningful recall simulations expose hidden weaknesses, where companies often go wrong when communicating and scoping a recall, and why recall insurance can be a critical but often misunderstood part of the risk management strategy. Practical, timely and highly relevant for food manufacturers and industry stakeholders alike, this discussion offers clear insight into how businesses can strengthen recall readiness, protect their operations and respond with confidence when the unexpected happens.

For trial lawyers, developing core themes is essential to building a persuasive case. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts his pro bono work in Uzbekistan, where he helped educate Uzbek lawyers and judges about the U.S. adversarial justice system. Mr. Small explains how he used the fictional murder case State v. Faulkner to teach participants the importance of theme development and demonstrate how both the prosecution and defense can construct plausible narratives from the same set of facts. After extensive discussion and practice, the Uzbek lawyers embraced the process, delivering thoughtful and compelling arguments from each side. Mr. Small concludes that the experience underscores a broader point: The adversarial system demands rigor, but it offers fairness through demanding advocates to find and develop connections that together tell a compelling, yet plausible, story.

What happens when one of South Florida's most seasoned developers looks past the skyline and sees the next wave of opportunity? Attorney Mamie Joeveer and CEO of Sunbeam Properties, Sunbeam Development and Sunbeam Television Andy Ansin dive into the exciting projects reshaping Broward County and greater Miami, highlighting the rise of mixed-use lifestyle destinations in Miramar and a major waterfront transformation in North Bay Village. Mr. Ansin also describes the market realities of land scarcity, affordability and transportation, as well as the growing influence of schools on where families and companies choose to put down roots. With decades of experience across Florida and Indiana, Mr. Ansin provides a grounded but forward-looking view of where the region is headed, why experience-driven development is winning and how smart real estate strategy can help define the future of South Florida communities.

As artificial intelligence (AI) adoption expands, entrepreneurs face a defining question: How do you use today's technology to solve tomorrow's problems? In this episode of "The Innovation Imperative," Patrick Driscoll is joined by Partner Adam Matherly and Naveen Jain, founder and CEO of Viome, for a conversation on entrepreneurial philosophy, Viome's mission and the role AI has played in the company's growth. A serial entrepreneur with more than five companies to his name, Mr. Jain shares the framework he applies to every venture: Why this? Why now? Why me? Answering those questions, he explains, sharpens a founder's objectives and gives investors a clearer picture of the opportunity. Mr. Jain also discusses what led him to launch Viome and describes the company's work using RNA and microbiome analysis to personalize nutrition based on individual biology. He closes with advice for entrepreneurs on how to tell their story to investors and why building long-term relationships with legal teams who understand your vision matters.

¿Qué implicaciones legales podrían derivarse de la publicación de un "registro de infieles" en TikTok? En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Anna Catalina Pérez, abogada corporativa, analizan el fenómeno de crear un registro de infieles en línea y las posibles consecuencias jurídicas de hacerlo. La Sra. Pérez clarifica que este tipo de contenido puede vulnerar el régimen de protección de datos en Colombia, que abarca desde la Ley 1266 hasta la Ley 1581, así como otras normas posteriores. Los abogados también discuten quién podría estar infringiendo la normativa — quienes publican la información o quienes la difunden — y examinan otras conductas implicadas en este tipo de situaciones.

In trial work, courage often means pressing forward even when the outcome is uncertain. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues his discussion of the mock case State v. Faulkner and explains how he used it in his pro bono work in Uzbekistan. Referencing themes from his book for the American Bar Association Lessons Learned from a Life on Trial, Mr. Small reflects on cases with significant legal obstacles and why believing in the right result can justify taking risks. He describes how the mock trial revealed deep cultural differences in legal systems, including the Uzbek participants' resistance to trying a case they might lose and their unfamiliarity with direct and cross-examination. Mr. Small recounts a pivotal moment when one of the defense lawyers questioned whether it was even possible in her country to challenge a government witness and describes how the workshop offered a glimpse of what a balanced adversarial system could look like. He closes by sharing that a decade later Uzbekistan amended its constitution to include the right to cross-examine witnesses, showing that meaningful change can begin with small steps.

Rodeo has grown from what was once seen by many as a niche hobby to being one of the most dynamic and fastest-evolving sports in the U.S. Holland & Knight Equine Industry Team Leader Kayla Pragid welcomes tax-exempt organizations attorney and avid Western rider Nykolas McKissic alongside Stretch Roping Dummies Co-Founder Denton Edwards on this episode of "The Tack Room" to break down how rodeo works, why team roping has become a popular gateway into the sport and what is fueling its rapid growth. Mr. McKissic and Mr. Edwards cite high-stakes jackpots, major events across the country, social media buzz and smarter training tools as reasons for rodeo's ascent, as well as talk about their own involvement in the sport. Along the way, they explore the realities behind the glamour, including safety, accessibility, business innovation and the legal issues shaping the future of rodeo, offering an insightful look at a world where tradition, competition and opportunity are evolving faster than ever.

What happens when an American trial lawyer carries the principles of justice halfway around the world? Litigation attorney Dan Small recounts his pro bono journey to Uzbekistan, where he worked with lawyers and judges seeking to reform a judicial system still shaped by Soviet-era standards that gave judges most of the power. Using the fictional murder case State v. Faulkner as a teaching tool, he helped introduce the fundamentals of the adversarial process – cross-examination, competing narratives and rigorous truth-testing – to a legal culture with little experience in two-sided trials. The result is a compelling look at how one mock case became part of a much larger effort to open minds, challenge assumptions and support the slow yet rewarding work of judicial reform.

When a handful of healthcare deals begins driving public policy, the ripple effects can reshape entire industries, including real estate. Real Estate attorney Jeffrey Calk and Healthcare Transactions attorney John Saran explore the fast-growing wave of state and federal legislation focusing on healthcare mergers and acquisitions (M&A) and drawing hospitals, physician groups, real estate investment trusts (REITs) and private equity investors into a far more complex regulatory regime. They share their experiences advising clients in this ever-changing field that blends healthcare and real estate, including how concerns about hospital consolidations, distressed health systems and sale-leaseback transactions have triggered a patchwork of proposed or enacted reporting rules, transaction approval requirements, deal moratoriums and financial safeguards. This conversation presents sharp, practical insights into why these regulatory and legislative development matter and how investors, providers and operators should respond to avoid being caught off guard.

For Outlander VC, people are the most critical factor in a startup's success. That founder-first philosophy shapes every investment decision the company makes. In the debut episode of "The Innovation Imperative" – a new podcast from Holland & Knight's Emerging Companies and Venture Capital teams – Patrick Driscoll hosts Partner Tim Poydenis and Paige Craig, founder and managing partner of Outlander VC, for a conversation on the group's investment strategy, sector focus and approach to founder relationships. Mr. Craig explains how his background in military intelligence influences his work in venture capital, from evaluating founders to anticipating where markets are headed. He also shares his "walk and talk" practice: regular, informal check-ins with founders and team members to keep communication open and relationships strong. The result is an investment model built on trust, collaboration and a clear-eyed view of what it takes to build lasting companies.

Comprar una empresa sin realizar debida diligencia es altamente riesgoso, aunque los riesgos no sean aparantes al inicio. En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Michelle Sperling, abogada de derecho corporativo, explican qué son las fusiones y adquisiciones (M&A) y por qué el due diligence (debida diligencia) es una etapa imprescindible antes de cerrar una compra: verifica lo que promete el vendedor, destapa contingencias más allá de la "punta del iceberg" y mide la viabilidad legal, económica, reputacional y estratégica de la operación. La abogada también comparte qué hacer con los hallazgos, desde renegociar el precio y pedir ajustes previos al cierre hasta usar mecanismos como escrow para mitigar riesgos y proteger la transacción.

Healthcare bankruptcy filings in the middle market dipped in 2025, yet increased costs, payer denials and tighter credit continue to pressure providers across the sector. In this episode of Counsel That Cares, Gibbins Advisors Principals and Co-Founders Clare Moylan and Ronald Winters and Holland & Knight Bankruptcy Partner Tyler Layne analyze restructuring trends in the industry and explain why filings alone can understate real-time distress. Reviewing Gibbins Advisors' annual report on healthcare bankruptcies, they assess how out-of-court workouts and receiverships, along with in-court Chapter 11 proceedings, shape outcomes, and detail how strained finances can limit options well before a filing. During the conversation, Ms. Moylan and Mr. Winters identify healthcare operational and financial indicators that depress performance: payer denials, pharmacy spending, stabilized but higher labor costs and thin margins that weaken liquidity. They evaluate why 2026 may be pivotal for organizations as policy shifts affect coverage, reimbursement and balance sheets. They then outline practical steps for healthcare leadership teams: model best and worst cases, prioritize capital, engage vendors early, strengthen denial management and time transformation investments to build resilience.

Trials can be stressful for attorneys, but the experience can be even more overwhelming for clients. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores how to navigate client relationships through the lens of a high‑profile corruption case he handled involving a former state governor. Mr. Small reflects on the ups and downs of the relationship with his client. Sometimes they argued or disagreed, but they also shared meals and attended events together to preserve a sense of normalcy amid the chaos of the trial process. This episode offers an inside look at the challenges he faced, the pressures of the case and the human side of working closely with a client under immense scrutiny.

Trials are human and thus imperfect, and sometimes those inherent imperfections can tilt the playing field before the jury ever hears the full story. Continuing his behind-the-scenes account of defending former Louisiana Gov. Edwin Edwards, litigation attorney Dan Small shares what happens when a case lands in front of a judge with a long memory and an even longer grudge. With Louisiana's tight-knit political world making neutrality hard to find, the defense team faced an extremely long uphill battle, as seemingly small rulings and daily setbacks compounded over nearly three months in court. However, Mr. Small emphasizes, the true lesson for trial lawyers is to remain prepared to vigorously advocate for their clients' interests, also making sure to keep a client's spirits up even when fairness seems impossible to obtain. As he says, "buckle up and keep playing anyway" and continue trying the case.

The 2026 FIFA World Cup is coming to Miami, and the implications will reach far beyond the stadium. Partner Isabel Diaz and Associate Alexa Duarte sit down with Alina Hudak, president and CEO of the FIFA World Cup 2026 Miami Host Committee to explore what it takes to deliver seven matches and more than 30 days of citywide activation. Ms. Hudak breaks down the projected billion-dollar economic impact, describes the process of building the foundation to highlight the city during this monumental event and explains how global exposure can translate into real estate demand, investment and long-term growth across South Florida.

La Superintendencia de Sociedades de Colombia publicó recientemente el proyecto de modificación de la Circular Básica Jurídica, mediante el cual se unifican el Sistema de Autocontrol y Gestión del Riesgo Integral LA/FT/FPADM (SAGRILAFT) y el Programa de Transparencia y Ética Empresarial (PTEE). Este proyecto busca identificar, gestionar y medir, a través de un solo programa, los riesgos de lavado de activos, financiación del terrorismo, proliferación de armas de destrucción masiva, corrupción transnacional y corrupción local. En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Diana Serrano, abogada corporativa, analizan el esfuerzo, su impacto en las compañías y los cambios relevantes relacionados con el rol y las responsabilidades de los oficiales de cumplimiento.

As artificial intelligence (AI) becomes embedded in daily life, the Federal Trade Commission (FTC) has signaled it has no immediate plans to implement AI-specific rules. In this episode, consumer protection attorney Anthony DiResta analyzes recent statements by FTC Bureau of Consumer Protection Director Chris Mufarrige and compares the agency's current enforcement outlook with past regulatory actions. According to Mr. DiResta, the FTC appears focused on targeting bad actors, rather than the technology they are using, and avoiding the pursuit of rules that could slow AI industry growth. That shift is evident in the commission's case against AI writing assistant Rytr, which alleged review generation abuses but was set aside for lack of evidence of actual consumer harm. The outcome aligns with the White House AI Action Plan's emphasis on avoiding regulatory overreach. Overall, Mr. DiResta concludes, AI use that misleads consumers or violates existing laws will still draw federal scrutiny, but the FTC is signaling a more supportive posture toward technological innovation.

In a high-profile case, if you do not fill the silence, someone else will. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues discussing his representation of former Louisiana Gov. Edwin Edwards and the challenge of managing public opinion in a case that drew intense media attention. Mr. Small explains how his arrival from Boston quickly became a story of its own, fueling speculation that he had been hired to negotiate a secret deal. He recounts how, without clear information, rumors escalated into a televised narrative involving then-U.S. Attorney General Janet Reno. Mr. Small describes a courthouse press moment where Edwards used humor and timing to debunk the false storyline, and he closes with a reminder that in major cases, even offhand moments can be observed and turned into headlines.

Keeping one of America's oldest – and most decorated – sports alive in a fast-changing day and age is no easy task. It requires vision, leadership and stakeholder input to modernize the industry and ensure future growth. Partners Kayla Pragid and William Shepherd welcome Tom Rooney, president and CEO of the National Thoroughbred Racing Association (NTRA), on this episode of "The Tack Room" to unpack how thoroughbred racing is transforming amid larger cultural shifts. Mr. Rooney shares his personal roots in the sport, then lays out the NTRA's mission and the industry's biggest pressure points: creating uniform safety standards nationwide through the Horseracing Integrity and Safety Act, using emerging technology to prevent breakdowns before they happen and reshaping wagering so racing can live alongside mainstream sports betting. This conversation also looks beyond the finish line with the emphasis of global competition, rise of influencer-driven fan engagement, and growing focus on aftercare and veteran therapy programs. Through describing what the NTRA and other organizations are doing now, Mr. Rooney offers a clear road map for horseracing's next chapter.

Online reviews are critical to developing consumer trust, and the Federal Trade Commission (FTC) has signaled it's ready to track down anyone trying to manipulate such reviews. Consumer protection attorney Anthony DiResta breaks down the FTC's latest warning letters targeting potential violations of the consumer review rule, an enforcement move that puts online reviews and testimonials at the center of attention. This episode also explains what the rule covers, from fake "verified" experiences and undisclosed insider reviews to incentivized ratings and suppression of negative feedback, and why the FTC is now shifting from education to action. With civil penalties up to $50,000 per violation and industries spanning e-commerce, hospitality, beauty, wellness and technology potentially exposed, Mr. DiResta recommends businesses and their advisors take proactive compliance steps now to avoid regulatory scrutiny later. This conversation is a timely road map for companies as they audit current marketing practices and tighten incentive programs to protect consumer trust and avert formal investigations or lawsuits.

Sometimes, cases arrive when you least expect them. For litigation attorney Dan Small, one such moment involved stepping into an already high‑profile federal matter. In the latest episode of "The Trial Lawyer's Handbook" podcast series, he recounts being brought in from Massachusetts to Louisiana to represent former Gov. Edwin Edwards in a criminal proceeding. Mr. Small shares the background of the case and how it ultimately landed on his desk, offering an inside look at a complex legal challenge.

The U.S. Supreme Court is set to revisit constitutional questions surrounding property tax forfeitures in Pung v. Isabella County, the latest state and local tax (SALT) case on its docket. In this episode of "Real Estate Law Unlocked," Partners Alexander Lycoyannis and Jennifer Karpchuk examine the background of the case and share their perspectives on how the justices may view the arguments from both parties. To frame the issues at stake, Ms. Karpchuk reviews the high court's 2023 decision in Tyler v. Hennepin County, which involved a similar fact pattern: A government entity seized a home over unpaid taxes, sold the property to satisfy the debt and retained the surplus proceeds. The court ruled unanimously for the property owner on her Fifth Amendment takings claim but did not address the Eighth Amendment excessive fines question, as the takings remedy fully addressed her harm. As Ms. Karpchuk explains, the ruling in Pung v. Isabella County could reshape property tax forfeiture law nationwide. Oral arguments are scheduled for February 25, 2026.

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Manuel Ocampo, abogado de derecho minero-energético, conversan sobre el nuevo proyecto de ley minera presentado por el Gobierno Nacional el 1 de octubre de 2025, que busca modificar el Código de Minas vigente (Ley 685 de 2001). El Sr. Ocampo destaca tres cambios potenciales clave incluidos en el proyecto: una mayor estatización o intervención estatal en el sector (incluyendo áreas que solo podrían ser explotadas por el Servicio Geológico Colombiano), la eliminación del concepto de "área libre" (lo que implicaría esperar a que el Estado defina dónde se pueden desarrollar proyectos mineros) y la supresión del principio de "primero en el tiempo, primero en el derecho" a favor de mecanismos de adjudicación tipo subasta.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small continues the story of the U.S. Securities and Exchange Commission's (SEC) civil case against internet game company SG Limited, recounting how an initial courtroom win was undone when the U.S. Court of Appeals for the First Circuit reversed the lower court decision against a motion to dismiss. Mr. Small uses this moment to explain the critical difference between "losing" narrow legal rulings and prevailing in the broader narrative, showing how the appellate court's own words validated SG's central theme: no reasonable player could have believed the game's "stocks" were real or profits guaranteed. He then walks through how that story powered settlement negotiations, culminating in a very unlikely outcome: return of most of the frozen funds, a face-saving escrow proposal for any truly misled "victims."

The datasphere is a complex adaptive system encompassing not only all types of data but also the dynamic, cross-border interactions between groups of people and the norms that govern them. Current data legislation remains rooted in state lines, raising a fundamental question: How do we govern a resource that defies traditional boundaries? In this episode of the "Two Byte Conversations" podcast, Data Strategy, Security & Privacy attorney Kevin Angle speaks with Lorrayne Porciuncula, executive director of The Datasphere Initiative. Ms. Porciuncula explains the concept of the datasphere and why how we define it matters as data collection and use continue to evolve. The conversation offers practical insight for those navigating the intersection of technology, policy and global commerce. As Ms. Porciuncula emphasizes, data isn't a commodity to hoard; it's infrastructure to steward. This episode shows why the choices we make now will shape how that infrastructure serves society.

Healthcare private equity enters 2026 seeking more creativity in deal structures and a sharper focus on operational value creation, while remaining mindful of a regulatory environment that continues to shape how transactions are executed. In this episode, Holland & Knight Healthcare attorneys David Marks and John Arnold and Clairvest Group Vice President Rahil Manji discuss what's driving investment decisions in healthcare services and why minority and structured investments are gaining momentum. They break down liquidity pressure, evolving governance expectations and how sponsors are shifting from multiple arbitrage and cheap leverage toward integration, disciplined operations with technology-enabled efficiency. Rahil explains Clairvest's entrepreneur-partnership approach, including how minority deals can support growth capital, founder liquidity and long-term alignment. The group also covers key legal and regulatory considerations for founders going to market, such as state healthcare transaction reporting laws, compliance credibility and antitrust readiness, with a forward-looking view of where deal volume and valuation may head in 2026.

What happens when the government treats online "play money" like real securities? In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts a civil enforcement action brought by the U.S. Securities and Exchange Commission (SEC) against SG Limited, an early internet stock market game created by programmers overseas that built a large U.S. player base. He explains the SEC's attempt to characterize the game's virtual shares as unregistered securities and resulting allegations that the platform functioned as a Ponzi scheme, leading to a court-ordered freeze of approximately $5.5 million. Mr. Small walks through SG Limited's defense and the strategic choice to keep the case grounded in a clear, common-sense narrative, emphasizing that the platform presented itself as entertainment, not an investment. The episode spotlights the power of storytelling in trial advocacy, illustrated by how the district court responded to SG Limited's arguments in ultimately dismissing the SEC's case. Much like video games have a sequel, however, the story does not end there. In the next episode, Mr. Small continues the narrative at the appellate level.

Wound care is rapidly becoming one of healthcare's most closely watched – and most consequential – growth sectors, and this episode of "Counsel That Cares" gets to the heart of why. Holland & Knight Healthcare attorney Juliet McBride and HealBridge CEO Jon Belsher to unpack the forces reshaping wound care across the continuum, especially in post-acute and skilled nursing settings where patients are often the sickest and least visible. Together, they explore what's driving investment (technology, home-based care models and tighter continuity of care), why innovation must stay tethered to evidence-based indications and outcomes, and how the boom in advanced products has triggered intense audit activity, clawbacks and regulatory scrutiny. The conversation also examines the Centers for Medicare & Medicaid Services' (CMS) shifting reimbursement approach and the risks associated with business models built on fragile payment assumptions, while emphasizing a compliance mindset centered on patient-first care backed by strong documentation and measurable results.

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, conversa con Alberto Posada Gutiérrez, abogado tributario, sobre las implicaciones legales y fiscales de "maquillar" las cifras de una empresa. A partir de la novela colombiana "Betty la Fea", analizan la situación en la que Betty recibe la instrucción de alterar el balance para convencer a la junta de que la compañía está logrando resultados positivos. Esta práctica en la vida real podría convertirse en una situación problemática con serias consecuencias tributarias. Como explican los abogados, crear operaciones ficticias no solo es una mentira, sino una irregularidad contable sancionada por el Estatuto Tributario. Las multas pueden alcanzar el 0.5 por ciento del mayor valor entre el patrimonio líquido o los ingresos netos del año anterior, con un tope de hasta 20.000 UVTs, lo que hoy equivale a cerca de mil millones de pesos.

In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed, resulting in a credibility contest. Mr. Small shares the strategy he used to successfully cross-examine the other side's expert witness. In technical cases such as this one, it is your responsibility as the trial lawyer to learn the specifics of the case. By mastering the technical details himself, rather than relying solely on his team and client, Mr. Small was able to go toe-to-toe with the plaintiff's expert during cross-examination, a key factor in ultimately winning the case.

On this episode of "Real Estate Law Unlocked," Partners Miriam Ramos and Andres Fernandez speak with Miami-Dade Clerk of the Court and Comptroller Juan Fernandez-Barquin and Miami-Dade General Counsel and Chief Deputy Clerk Luis Montaldo about the sweeping operational and financial changes triggered by Florida's Amendment 10. The conversation covers the transfer of key county finance functions to the clerk's office and what it means to serve as auditor, accountant, investor and custodian of Miami-Dade's $13 billion budget. Mr. Fernandez Barquin and Mr. Montaldo unpack the often-overlooked aspects of the clerk's role that go beyond traffic tickets and jury duty: official records (deeds, mortgages, judgments and plats), Value Adjustment Board property tax appeals, commission meeting records and other functions that touch daily government and real estate transactions. They also speak on the clerk's modernization agenda, including expanding digital access, combating deed fraud, and leveraging new technology and artificial intelligence-driven tools to facilitate online records access, as well as the challenges of implementing these updates within the constraints of legacy systems, multiagency infrastructure and funding limits.

Deal activity may be picking up, but expectations for 2026 are best described as cautious and practical. In this episode of "Counsel That Cares," Holland & Knight Healthcare Transactions attorney John Saran and Bailey & Company Director of Market Development Rebecca Springer recap the 44th Annual J.P. Morgan Healthcare Conference, sharing what they heard from sponsors, bankers and operators about the year ahead. They discuss the shift from "big rebound" predictions to a steady rebuild, what buyers are prioritizing in diligence and deal structuring, and where momentum is returning, including add-ons and creative investment formats. The conversation also highlights sectors drawing attention, from employer health and pharma services to applied behavioral analysis (ABA) platforms, healthcare IT's evolving AI lens, and emerging consumer health and longevity theses. Mr. Saran also breaks down the fast-changing regulatory environment surrounding private equity and corporate practice of medicine, including state transaction reporting laws, that are increasingly shaping how healthcare deals go to market. This podcast was recorded and is for informational purposes only. By accessing this podcast, you acknowledge that Bailey & Co. makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information featured. The views, information, or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of Bailey & Co. This podcast should not be used as a substitute for competent investment advice from a licensed professional in your state and should not be construed as an offer to make or consider any investment or course of action.