Proposed Executive Order Regarding Design of Federal Buildings Stirs Up Architecture Community
10/29/20
By: Matt Foree
Earlier this year, a draft Executive Order was leaked to an architectural publication and quickly spread across the architecture community. The Executive Order, entitled “Making Federal Buildings Beautiful Again,” discussed guidelines for the design of Federal buildings. …
No Entry Without a Mask: Coverage for Discrimination?
10/26/20
By: Mallory Ball
More businesses are requiring masks or face coverings to protect their patrons and employees from COVID-19. Unfortunately, with the face-covering requirements, businesses are vulnerable to liability claims from patrons alleging they have been discriminated against by requiring them …
Economic Damages May Now Be in Play for Construction Defect Claims Alleging Express Misrepresentation
10/23/20
By: Matthew Wachstein
The recent New Jersey Supreme Court decision in Sun Chemical put defense counsel on notice of the potential for valid Consumer Fraud Act (“CFA”) claims to arise in cases involving allegations of express misrepresentation regarding the sale …
Central Bank Digital Currency: Oxymoron or Near Reality?
10/22/20
By: Peter Dooley
In a sharp change of course and softening of rhetoric, Federal Reserve Chair Jerome Powell gave a speech on Monday, October 19th at the International Monetary Fund’s Annual Meeting in which he left the door open to …
Is Qualified Immunity at Risk in the Coming Supreme Court Term?
10/22/20
By: Phil Savrin
The year 2020 has been tumultuous and unpredictable in many ways. Momentarily lost in the shuffle between the ongoing pandemic and the upcoming presidential election are the cries from some sectors of the community to “defund” police …
Weathering the Storm: When Hurricane Damage Leads to Construction Defect Claims
10/22/20
By: Jennifer Adair
With recent decades bringing an uptick in hurricane activity and increasingly strengthening storms, builders must brace for a swell of claims. Insurers typically anticipate the traditional claims for property damage caused by wind and water. However, such …
Federal Court Addresses Georgia Restrictive Covenant Rules
10/21/20
By: Ken Menendez
Employers regularly grapple with the interpretation and application of the law regarding restrictive covenants. Court rulings in such cases are often drawn narrowly to address the specific facts of the case at issue and therefore can be of …
California Lawyers Who Ignore Lienholders Do So At Their (Disciplinary) Peril
10/20/20
By: Greg Fayard
In personal injury law, California lawyers regularly must deal with medical liens. For example, lienholders have certain rights to proceeds from a settled case and expect to be paid. In the past, if a California lawyer ignored …
Seeking Sanctions Against a Dishonest Plaintiff
10/19/20
By: Jennifer Adair
Sanctions for discovery abuses are not a weapon reserved for the plaintiff, and defense attorneys should not shy away from pulling this arrow from their quiver when misrepresentations by the plaintiff are so egregious that a vigorous …
Eleventh Circuit Rejects Class Action Representative’s Incentive Award
10/12/20
By: Matthew Foree
The Court of Appeals for the Eleventh Circuit recently confronted the issue of incentive awards commonly given to class representatives as part of class-wide settlements. The court held in Johnson v. NPAS Sols., LLC, which can be …
Pandemic Brings Increase in Ransomware Payments Prompting New Advisories from OFAC and FinCEN on Sanctions Risks
10/12/20
By: Caitlin Tubbesing
On October 1st—the first day of National Cybersecurity Awareness Month—the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) and Financial Crimes Enforcement Network (FinCEN) warned companies working with victims of ransomware attacks …
FMG Attorneys Assist Prevailing Insurer in a COVID-19 Business Loss Claim
10/8/20
FMG attorneys Phil Savrin and Shawn Bingham secured a favorable outcome for Allied Insurance Company of America who was sued for rejecting a claim for lost business income after the insured shuttered its restaurant during the COVID-19 pandemic. The insured, …