Bipartisan TRACED Act Enhances Penalties for Illegal Robocalls
12/7/18
By: Matt Foree
U.S. Senator John Thune (R-S.D.), the chairman of the Senate Committee on Commerce, Science and Transportation, and Senator Ed Markey (D-Mass.), a member of the committee and author of the Telephone Consumer Protection Act (“TCPA”), recently announced …
Notice Prejudice Rule Alive and Well in California
12/6/18
By: Zach Moura
California’s Second District Court of Appeal said October 16th (Marty Lat v. Farmers New World Life Insurance Co., No. B282008, Calif. App., 2nd Dist., Div. 1, 2018 Cal. App. LEXIS 932) that under the notice …
Assignment of Benefits: A Mortgagee's Consent Matters
12/5/18
By: Michael Kouskoutis
Policyholders John and Liza Squitieri suffered a water loss in their Florida home. Following the loss, Mrs. Squitieri signed an assignment of benefits (AOB) to Restoration 1, an emergency restoration services company. However, the Squitieri’s policy contained …
Dealing with Nonparty Document Requests
12/4/18
By: Ze’eva Kushner
As an executive or business owner, at some point you may receive a request to produce documents relating to your business from a party to a lawsuit that does not involve your company. There are a variety …
Yelp Can’t Be Ordered to Remove Defamatory Reviews by A California Lawyer’s Unhappy Former Clients
12/3/18
By: Frank Olah
On July 2, 2018, in Hassell v. Bird (2018) 5 Cal.5th 522, the California Supreme Court held that Section 230 of the Communications Decency Act of 1996 prohibits courts from ordering Yelp to remove defamatory consumer reviews …