Home Run for Analysis of Use of Force During Medical Emergencies
10/31/17
By: Kevin R. Stone and Sara E. Brochstein
I’m bad at baseball. When I step in the batter’s box, I might as well have two strikes against me before the pitcher unleashes his first fastball. For me, it’s no big …
Do You Like Piña Coladas? What Questions Can An Employer Ask in Light of Recent Bans on Requests for Salary History Information?
10/31/17
By: Laura S. Flynn
Massachusetts, Delaware, Oregon, California, New York City, Philadelphia and San Francisco have passed laws banning employers from asking applicants about their salary history. The intent behind the legislation is to discourage perpetuation of the gender wage …
Ongoing … Ongoing … Gone! — California Finds Ambiguity in Additional Insured Endorsements Addressing Ongoing Operations
10/30/17
By: Zach Moura
In two recent published decisions, the California Court of Appeal held that additional insured endorsements (“AIE”) intended to limit coverage to damages sustained while the insured is performing ongoing operations were ambiguous.
In Pulte Home Corporation v. …
The NAIC’s Insurance Data Security Model Law Takes a Step Closer to Becoming Reality & Law Firms Should Pay Attention
10/27/17
By: Glenn M. Kenna
On October 24, 2017, the National Association of Insurance Commissioners (“NAIC”) adopted the Insurance Data Security Model Law (“Model Law”). The Model Law includes rules covering a broad range of data security, security breach investigation, breach …
Does Being Behind Bars Bar a Criminal Malpractice Claim?
10/25/17
By: Sara E. Brochstein
It is well established that in a legal malpractice action, a plaintiff has the burden of proving three elements: (1) an attorney-client relationship with the defendant attorney; (2) failure of the attorney to exercise ordinary care, …
Dealing with Discovery Dangers in Bad Faith Litigation
10/25/17
By: Jessica C. Samford
Whenever an insurer could be facing a bad faith claim, what documents may be discoverable during litigation is an important consideration. While the ultimate outcome hinges on specific circumstances of the case, the discovery rules of …
Is the EB-5 “Golden VISA” Losing it’s Luster? Why Reduced Interest in the EB-5 Program May Lead to an Increase in the U.S. Unemployment Rate
10/25/17
By: Kenneth S. Levine
For the last several years the EB-5 Green Card program has been widely touted as a relatively quick and direct path to obtaining U.S. Permanent Residency. The program, which grants permanent residency based on a $500,000 …
California Bans Employers from Seeking Salary History Information
10/24/17
By: Laura Flynn
California has joined a growing number of states and cities that ban employers from inquiring as to a job applicant’s salary history. Governor Brown recently signed California Labor Code section 432.3 into law. It becomes effective on …
HOA Wins Beach Tax Brawl
10/20/17
By: Michael Kouskoutis
In Beach Club Towers Homeowners Ass’n v. Jones, 2017 Fla. App. LEXIS 14235, Florida’s First District Court of Appeal held in favor of an HOA in an attempt to settle a series of property tax disputes …
Employee Claim is Scattered, Smothered, and Covered by Waffle House Arbitration Agreement
10/19/17
By: Brad Adler and Will Collins
A recent Georgia Court of Appeals case not only reinforced that state law permits the Federal Arbitration Act (“FAA”) to control arbitration agreements, but also illustrated that state law broadly interprets and defines claims …
When is Engineering Required? City of Atlanta Issues New Code Interpretation
10/18/17
By: Cheryl H. Shaw
The City of Atlanta recently published its second International Residential Code interpretation of 2017, confirming that structural designs utilizing Structural Composite Lumber (SCL) must be designed and sealed by an engineer licensed to practice within the …
Federal Circuit Scorecard – Title VII & Sexual Orientation Discrimination
10/13/17
By: Michael M. Hill
A Georgia case is in the running to be the one the Supreme Court uses to resolve the question of whether Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the …