A Holly(cal) Jolly (Almost) Christmas
12/28/18
By: Zach Moura
In what is sure to be the beginning of a slew of cases litigating coverage for injuries caused by drones, the U.S. District Court for the Central District of California recently issued an opinion denying coverage under …
Who is Protected by Privilege?
12/27/18
By: Matthew Jones
In the recent case of Day v. Johns Hopkins Health Sys. Corp., the U.S. Court of Appeals for the Fourth Circuit answered this question in the context of expert witnesses facing RICO violations. In the Day …
Employers Beware – Social Security No-Match Letters are Making a Comeback
12/26/18
By: Layli Eskandari Deal
Like a bad penny, the Social Security no-match letters will once again turn up and wreak havoc on employers. It is anticipated that employers will once again start receiving these no-match letters, officially called the “Employer …
Department of Education Proposes New Title IX Regulations Regarding Proper Response To Complaints of Sexual Misconduct
12/21/18
By: Bill Buechner
The Department of Education (“DOE”) recently issued proposed regulations regarding how elementary and secondary schools and institutions of higher education should respond to complaints of sexual harassment and sexual assault. As a whole, the proposed regulations seek …
Limitations On Directors & Officers’ Liability Coverage
12/20/18
By: David Molinari
Directors and Officers (D&O) Liability Insurance is insurance coverage intended to protect individuals from personal losses if they are sued as a result of serving as a Director or Officer of a business or other type of …
EB1 Success Story
12/20/18
By: Kenneth Levine
The FMG Immigration Group was retained in June 2018 to prepare an EB1 “Alien of Extraordinary Ability” petition on behalf of Woman International Chess Master Mariam Danelia. Mariam, who hails from the country of Georgia, was residing …
As of 1/1/19 California Lawyers & Clients Going To Mediation Have To Sign This
12/19/18
By: Greg Fayard
Come January 1, 2019, California lawyers who participate in mediations will need to provide written disclosures to their clients explaining mediation confidentiality. Further, California lawyers must get written acknowledgment from clients that they understand mediation confidentiality before…
It's A Business Not A Criminal Enterprise (Any Longer)
12/17/18
By: David Molinari
The operation of a commercial cannabis business presents a host of unique issues. Security is a concern when the business stores hundreds of thousands of dollars in “inventory” on site. Banking regulations present another problem requiring these …
In the Land of Insurance Coverage, Specificity is King
12/13/18
GA Court of Appeals Finds Insurer Must Cover Millions in Damages Because of Policy Ambiguities
By: Brandon Howard
Whenever a court suspects an insurance policy is “ambiguous,” anxiety strikes the minds of both coverage counsel and insurers alike. For coverage …
“You Can’t Always Get What You Want, But . . . You Get What You Need”: Determining What is “Necessary” Under the Fair Housing Act
12/12/18
By: Jake Loken & Bill Buechner
In a case citing The Rolling Stones, Henry Thoreau, and Abraham Lincoln, and listing the ingredients needed to make lemonade, the Third Circuit rejected an elderly woman’s disability discrimination claim under the Fair Housing …
Wrongful Death Versus Survival In California
12/11/18
By: Matthew Jones
There are many differences between a wrongful death action and a survival action. A wrongful death action may be filed by the personal representative of the decedent’s estate or the decedent’s surviving spouse/children. A survival action may …
Florida Updates Its HOA Laws
12/10/18
By: Michael Kouskoutis
Earlier this year, Florida has enacted several laws impacting homeowners associations. Among these changes include the following:
As of July 1, 2018, Florida requires homeowners associations to publicly record all amendments to governing documents, where “governing documents” …