Supreme Court Declines to Hear Data Breach Standing Case
2/23/18
By: Amy C. Bender
The ongoing issue of when a plaintiff has grounds (“standing”) in data breach cases saw another development this week when the U.S. Supreme Court declined to weigh in on the debate.
CareFirst, a BlueCross BlueShield health …
Unit Owners Denied Easement To Access Community Dock
2/22/18
By: Michael G. Kouskoutis
In Goldman v. Lustig, a Florida townhome unit owner (Lustig) sought an injunction to prohibit neighboring unit owners from crossing his yard to access a dock located behind his unit. The unit owners had rights …
Using Summary Judgment during the Arbitration Process
2/22/18
By: Erin E. Lamb
Many attorneys assume that once a case is in private arbitration, dispositive motions are against the rules and are no longer a useful tool to resolve cases. How could an arbitrator have the power to consider …
A Millennial Gig
2/21/18
By: David M. Daniels
With Contribution By: Jason C. Dineros
The Obama Administration’s federal enforcement relaxations for marijuana use in 2013, brought with it the development of a viable market industry from what was previously looked upon as taboo—akin to …
Governor Wolf Proposes New Overtime Rules for Pennsylvania
2/20/18
By: Christopher M. Curci
Employers may recall the Obama administration’s efforts in 2016 to increase the overtime rule salary exemption from $23,600 annually to $47,476 annually. By way of background, employers are required to pay overtime to employees who work …
Federal Jurisdictional Update
2/19/18
By: Owen T. Rooney
Title 28 of the United States Code Section 1367(d) allows for federal supplemental jurisdiction over state law claims. This statute, as now construed by the US Supreme Court in Artis v. District of Columbia, holds …
Need a Lyft? Georgia Court of Appeals Decision Raises Coverage Questions for Ridesharing Services and Their Drivers
2/19/18
By: Connor M. Bateman
Most personal automobile insurance policies exclude coverage for damages that result from the ownership or operation of a vehicle used as a “public or livery conveyance.” Although typically undefined in the policy, this phrase has generally …
Latest Developments In DACA
2/19/18
By: Kenneth S. Levine
On 2/15/2018 four (4) separate legislative bills that sought to address the March 5th termination of the DACA program, border security, family-based immigration and the Diversity Lottery were put up for a vote in the …
Unpaid FINRA Awards May Result in Tighter Membership Rules Governing Brokers and Member Firms
2/16/18
By: Theodore C. Peters
On February 8, the Financial Industry Regulatory Authority (“FINRA”) released a discussion paper: FINRA Perspectives on Customer Recovery, which openly addressed the reality that roughly one quarter of FINRA arbitration awards issued in 2016 were …
South Dakota Introduces Data Breach Notification Legislation
2/14/18
By: Kacie L. Manisco
On January 23, 2018, South Dakota’s Senate Attorney Judicial Committee unanimously voted in favor of introducing data breach notification legislation. Senate Bill 62 would require an “Information Holder,” i.e., a person or business conducting business in …
Leaked DOJ Memo Unearths New Strategy in Qui Tam Cases
2/13/18
By: Samantha L. Skolnick
On January 10, 2018, an internal Department of Justice memorandum (the “Granston Memo”) was leaked to the public, turning heads. The Granston Memo included an in-depth analysis of the DOJ’s position on evaluating dismissals pursuant to …
Beware The Egg Shell Plaintiff
2/13/18
By: Jared K. Hodges
Recently, a jury from a historically conservative venue in Georgia awarded $2.7 million to a man who claims he was injured in a 4 m.p.h. rear-end collision. This unusual verdict should serve as an expensive reminder …