Texas Supreme Court Finds an Exception to the “Eight-Corners Rule”
6/4/20
By: Kristin Ingulsrud
In Texas, an insurer’s duty to defend is governed by the “eight-corners rule.” Application of the eight-corners rule takes the allegations of the claim at face value, without regard to the truth or falsity of the allegations, …
Assumption of the Risk in Georgia – Is “Common Sense” Finally the New Standard?
6/4/20
By: Aaron Miller and Wayne Melnick
Assumption of the risk is an important affirmative defense for defense attorneys. Typically, in order to receive a jury charge for assumption of the risk, defense attorneys must demonstrate the plaintiff him/herself actually knew …
Art or Blight? Developers Should Think Twice Before Removing Graffiti
6/3/20
By: Jennifer Adair
In an opinion heralded by the street art community, the United States Court of Appeals for the Second Circuit affirmed a $6.75 million award of statutory damages against a building developer who willfully violated the Visual Artists …
California’s Proposed Education Budget Cuts May Lead to More Layoffs
6/3/20
By: Matthew Jones
California Governor Gavin Newsome proposed a new budget, which includes cuts of approximately 8% to California’s education system. Previously, California districts were not permitted to layoff teachers after mid-May. However, if the proposed budget cuts are approved, …
Cybersecurity Forensic Reports and the Work Product Doctrine
6/3/20
By: Michael Kouskoutis
When responding to a data security incident, it is typical for a company’s attorneys to retain a computer forensics firm on behalf of the company to help investigate what occurred. Because the forensic firm’s work is performed …
Waiver of Liability and COVID-19
6/2/20
By: Michael Bruyere and Kathleen Cusack
As all 50 states begin easing restrictions related to COVID-19, businesses will be seeking ways to limit not only their employees’ and patrons’ exposure to the virus but also any potential liability stemming from …
Proposed Revisions to Massachusetts’ Paid Family and Medical Leave Regulations
6/1/20
By: Janet Barringer and Zinnia Khan
The Massachusetts Department of Family and Medical Leave (“DFML”) recently issued to the public proposed revisions for Massachusetts’ paid family and medical leave program. In its release, DFML issued a markup of proposed revisions …