SEC Holds Public Forum as Part of Increasing Efforts to Regulate Digital Assets, Cryptocurrency Exchanges, and ICOs
3/28/19
By: Jennifer Lee
The Securities and Exchange Commission will be hosting a public forum on distributed ledger technology and digital assets in Washington DC on May 31, 2019. This is a part of the SEC’s increasing efforts to regulate cryptocurrency …
Sexual Harassment Settlements in New Jersey – Out Of The Dark But Into The Unknown
3/28/19
By: Justin Boron
Earlier this month, New Jersey joined the growing group of states that – spurred on by the #MeToo movement – have passed laws regulating settlements of sexual harassment and discrimination claims.
With an asserted purpose of improving …
Can a California Lawyer be Disciplined for a Paralegal’s Misconduct?
3/27/19
By: Greg Fayard
In some circumstances, a California lawyer can be disciplined by the State Bar for a paralegal’s misconduct. This type of discipline was not possible under the State’s old lawyer-ethics rules. Rule 5.3 of the new rules requires …
How Do You Like Them Apples? Eleventh Circuit Slices Up New “Comparator” Standard for Intentional Discrimination Cases
3/26/19
By: Tim Boughey
Last week, in Lewis v. City of Union City, Ga. et al., No. 15-11362 (11th Cir. March 21, 2019) (en banc), the Eleventh Circuit issued an important decision addressing the proper comparator analysis applied to circumstantial …
Navigating the Employee v. Independent Contractor Landscape in a Post-Dynamex World
3/25/19
By: Ariel Brotman
In a post-Dynamex world, hiring entities are finding it increasingly difficult to determine whether or not to classify a worker as an independent contractor or an employee.
On April 30, 2018, the California Supreme Court issued …
EEO-1 Pay and Hours Data Requirement In Limbo
3/21/19
By: Brent Bean
Whether and when covered businesses have to comply with revised EEO-1 requirements for pay and hours worked data remains uncertain as the reporting period opens. Companies with 100 or more employees, along with federal contractors who employ …
Watch for the Sucker Punch… Joint and Several Liability for Professional Negligence?
3/20/19
By: Jon Tisdale
Litigants are forever looking for new ways to blame their lawyers when their mediocre case goes south. (As an aside, pay close attention to your intake protocol and “just say no” to those mediocre cases, because when …
DOL Guidance Says Employers Cannot Exhaust Paid Leave Prior to Beginning Employee’s FMLA Leave
3/18/19
By: Brent Bean
The U.S. Department of Labor issued an opinion letter on March 14, 2019, re-affirming its view that employers must start the clock on an employee’s FMLA leave when the employer first learns the absence qualifies as a …
Who Did What for Whom? Construction Lien Rights in Georgia Depend on the Contractor, Not the Cost
3/18/19
By: Jason Kamp
In 2013, the Georgia General Assembly expanded the scope of items covered under its construction lien statute, O.C.G.A. § 44-14-361, by amending subsections (c) and (d). The statute now allows contractors to claim liens for contract expenditures …
Georgia Supreme Court Clarifies the Essential Elements of a Failure to Settle Claim within Policy Limits
3/18/19
By: Phil Savrin
In recent years, Georgia has become fertile ground for setting up insurance companies for extra-contractual damages based on the failure to settle a liability claim within policy limits. Partly, the reason for this reputation is that the …
The Power Of Animations Outside The Movie Theater
3/15/19
By: Matthew Jones
The use of animations in the courtroom is becoming more and more popular given the ruling in the case People v. Duenas (2012) 55 Cal.4th 1. The Duenas court equated animations to demonstrative evidence, specifically stating “a …
Bold New Changes to Massachusetts' Data Breach Notification Law
3/15/19
By: Michael Kouskoutis
Effective April 11, 2019, Massachusetts’ data breach notification law will compel notifying entities to follow several additional and unprecedented requirements when responding to a data breach.
First, the notifying entity must report to the state’s Attorney General …