Lawton Robert WALKER, plaintiff, against the State of Florida, appeals. Successfully represented a large casino in the state`s refund denial tax claim, which amounted to over $2 million and was based on the use of tax credits for gambling. Rob Walker in Melbourne has a diverse practice covering both competition and consumer law matters, operating across the transactional, regulatory and litigation spectrum. It offers particularly focused expertise in fintech and the broader financial services sector. U.S. Certified Information Privacy Professional (CIPP/US) Representing a national freight forwarding company in highly exposed freight claims and instances of negligent conduct and training. Learn more about FindLaw`s newsletters, including our Terms of Use and Privacy Policy. Lawton Robert Walker is appealing an order that changes a probation condition. We say yes. In 2019, Robert was one of the partners of Allens that successfully challenged Vodafone Hutchison Australia against the ACCC`s decision to oppose its $15 billion merger with TPG. This is the largest merger litigation in Australia in 10 years. The applicant alleges that the trial court erroneously modified the probationary period to order the payment of compensation to the insurance company under section 775.089 of the Florida Statutes (2001).
We are not convinced by this argument. As a threshold payment, the complainant agreed to pay compensation as part of his plea. The change of beneficiary does not change the terms of the complainant`s probationary period; The complainant`s obligation has not changed. Nevertheless, in Montalvo v. State, 705 So.2d 984, 988 (Fla.3d DCA 1998), we upheld a decision granting reimbursement to an insurance company for amounts it had paid to its insured, the victim. Our sister courts have ruled that “an insurance company passes in the rights of the victim/insured”, Cyrus v. State, 712 So.2d 811, 812 (Fla. 4th DCA 1998), according to which the defendant is liable for restitution to the insurance company. See State v. Williams, 689 So.2d 1233, 1234 (Fla. 2d DCA 1997); S.S. v.
Staat, 593 So.2d 296, 297 (Fla. 5th DCA 1992); M.E.I. v. Staat, 525 So.2d 467 (Fla. 1st DCA 1988). We are therefore not persuaded by the complainant`s argument that the statutory statement to the insurance company was an error. Obtaining summary judgment for the vehicle manufacturer in a product liability case relating to an alleged fire in the engine compartment after the successful exclusion of an expert. Robert`s experience in responding to cybersecurity breaches also allows him to effectively advise clients on proactive data security practices, including the development of incident response and preparedness plans. The email address cannot be subscribed. Please try again.
Successfully defended the automaker in dozens of lawsuits related to the vehicle`s cruise control deactivation switch. In addition, we note that the court did not abuse its discretion in amending the probation order. The court had no discretion other than to order restitution in accordance with the law. Kirby v. Status, 863 So.2d 238 (fla.2003); Montalvo; S.S., 593 So.2d to 297. The change of beneficiary was ministerial as restitution had been ordered as part of the original conditional sentence. Defended the pelvic mesh device manufacturer in several Federal Court lawsuits and was a member of the expert team. In particular, he focuses on assisting international advisors and clients in obtaining ACCC merger clearance for cross-border transactions. Represented beneficiaries in several testamentary disputes, which were challenged due to undue influence and lack of capacity, as well as the related disposition of the deceased`s million-dollar estates.
Robert has particular expertise in the financial services sector, advising on competitive investigations related to syndicated loans, credit default swaps and commodity trading, as well as acquisitions and divestitures of retail stores, credit card portfolios and payment technology. Lenders, issuers and senior managers communicate regularly with Robert to advise him on the management of competitive risks in corporate lending and capital markets transactions in equities, debt and hybrid securities. Prior to joining Allens, Robert spent seven years at Linklaters LLP in London and Brussels, where he focused on cross-border merger control and antitrust investigations. Acted for the regional pharmacy in Medicaid litigation related to pharmacy discount programs and their impact on common and regular pricing. LitigationRobert Robert`s extensive experience in civil litigation in state and federal courts has allowed him to appreciate the particular priorities and pressures of owning or managing businesses, large and small. He has defended various manufacturers in product liability and personal injury litigation in litigation and appeals. In addition, Robert has represented beneficiaries and trustees in litigation involving alleged fiduciary breaches, accounting litigation and testamentary disputes. He has also advised healthcare providers and individuals on matters related to the False Claims Act, including tam litigation related to Medicare and Medicaid reimbursement issues. The complainant pleaded guilty to one count of manslaughter while intoxicated in exchange for a six-year suspended sentence, 300 days in the Dade County Jail and payment of compensation to the victim`s family for the victim`s medical and funeral expenses. Four years later, the applicant appeared in court to obtain a probation report.
The probation officer informed the court that the insurance company had covered the victim`s funeral expenses and that the family was not seeking reimbursement from the complainant. The prosecution orally requested that the probation be varied and asked the court to order the applicant to pay compensation to the insurance company. The court granted the request. Robert`s practice covers all facets of Australian competition law – merger control, antitrust investigations and competition litigation. Mississippi State Bar AssociationCapital Area Bar AssociationAmerican Bar AssociationMississippi Defense Lawyers AssociationDRI: The Voice of the Defense BarMississippi Volunteer Lawyers Project, Weekly Stewpot Legal Clinic and Pro Bono Representation This website is protected by reCAPTCHA and Google`s Privacy Policy and Terms of Service apply. 2021, 2023 Lawyer of the Year, Litigation and Controversy – Tax, The Best Lawyers in America Selected for inclusion in Super Lawyers, 2014-2019Recognized by The Best Lawyers in America©©: Litigation and Controversy – Tax; Product Liability Litigation – Defendant, 2019-2023 Representing Manufacturers in Mississippi State and Federal Courts Tobacco product liability litigation involving both class actions and individual claims, coordinating the joint discovery of defense and movement practice. Robert acts as a trusted advisor to large companies in sectors such as financial services and payments, telecommunications, healthcare, energy, oil and gas, mining, automotive, forestry and retail. Successfully defending an automaker in court in connection with highly exposed property damage related to a cabin fire allegedly caused by a faulty wiring harness. Representing automotive manufacturers in product liability disputes due to defects in various components and systems, including fuel, restraint and electrical systems. Cybersecurity and PrivacyRobert is consulted and engaged as an immediate data breach advisor for customers affected by cybersecurity incidents. He leads a team of lawyers providing 24/7 response services to businesses in the U.S. and Canada, advising and guiding clients through the critical early stages of responding to breaches that may pose the risk of operational disruption, disclosure of sensitive data, and/or reputational consequences.
He guides clients through the incident response process, directs forensic investigations, advises federal and state agencies, develops incident response notification plans, and responds to regulatory investigations. Robert is familiar with the compliance responsibilities imposed by GDPR, HIPAA, GLBA, STATE DATA BREACH NOTIFICATION LAWS, AND RELATED PRIVACY REGULATIONS AND POLICIES. Successfully defended the automaker in court in several liability lawsuits for wrongful deaths related to alleged defects in the vehicle`s fuel system. Acted for the Mississippi Department of Insurance in connection with a controversial $1.6 billion restructuring of Mississippi`s largest property and casualty insurer under Mississippi Insurance Holding Company regulations and change of control. Robert F. Walker, CIPP/US, is co-chair of the company`s Cybersecurity and Data Privacy practice. He dedicates his practice to helping clients respond to security incidents, comply with numerous privacy and security requirements, and assert and defend claims in state and federal litigation. Robert advises companies, including management teams and boards of directors, on security incidents and investigations of data breaches related to malware, network intrusions, accidental disclosure and ransomware. With decades of experience as a litigator and an appreciation of the priorities of businesses and business owners, Robert brings a unique perspective on privacy and compliance issues.
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