Eleventh Circuit Rules Florida Strict Liability and Negligence Claims Not Preempted by the MDA
2/12/18
By: Robyn Flegal
A panel of the Eleventh Circuit determined in a February 8, 2018 published decision that a Florida district court erred when it ruled that a husband’s claims, brought against a medical device manufacturer after its Life Vest …
Enforcing an HOA Covenant
2/12/18
By: Jan S. Sigman
Many homes built in the metro Atlanta area in the past 20 years are located in subdivisions that have a homeowner’s association (HOA). In 1994, Georgia adopted the Property Owner’s Association Act. If an HOA elects …
Waymo v. Uber – Addressing the Stakes of Driverless Car Trade Secrets and Intellectual Property
2/12/18
By: Courtney K. Mazzio
The litigation surrounded a man named Anthony Levandowski, a former Waymo employee who took thousands of documents with him when he left Waymo in 2015 to pursue his own company. Uber purchased Levandowski’s company, giving Levandowski …
Florida Appellate Court Invalidates Local Minimum Wage Law
2/9/18
By: Melissa A. Santalone
A recent decision by Florida’s Third District Court of Appeal invalidated Miami Beach’s local minimum wage law, holding that a state statute preempted the local ordinance. In 2016, the City of Miami Beach enacted a local …
Cumis Counsel Limited: Insurer-Appointed Counsel Requires Actual Conflict of Interest
2/9/18
By: David G. Molinari
The California Third District Court of Appeals has ruled that the right to Cumis counsel, independent counsel paid by the insurer (San Diego Federal Credit Union v. Cumis Insurance Soc’y, 162 Cal. App. 3d 358 (1984))…
Are Your Facebook Job Postings Violating the ADEA
2/8/18
By: Brenton S. Bean
So say putative class action plaintiffs in the Northern District of California. See Communications Workers of America et al v. T-Mobile US, Inc., et al, Case No. 5:17-cv-7232 (N.D. Ca), filed Dec. 20, 2017. Plaintiffs …
Cybersecurity Deadlines Approaching for Banking, Insurance, and Financial Services Companies
2/8/18
By: David A. Cole
Businesses that are subject to the New York Department of Financial Services (“DFS”) cybersecurity regulations should be aware of upcoming compliance deadlines. Don’t be fooled—these regulations may apply to your business even if you’re not located …
Enhanced Privacy and Data Security Law on Tap for North Carolina
2/8/18
By: Paul H. Derrick
A bi-partisan privacy and data security bill will soon be rolled out in North Carolina, and its impact will be significant. North Carolina Attorney General Josh Stein and State Representative Jason Saine are co-authoring “The Act …
Driverless Motor Vehicle Lawsuit – The First of its Kind
2/7/18
By: Courtney K. Mazzio
General Motors is the first manufacturer to be hit with a driverless motor vehicle lawsuit. On December 7, motorcycle driver, Oscar Nilsson, alleges he was attempting to pass a self-automated Chevy Bolt on the right. The …
FINRA’s Senior Protection Rules Now Effective
2/7/18
By: Theodore C. Peters
In 2007, FINRA issued Regulatory Notice 07-43, which served as a “reminder” that member firms and registered persons had a heightened obligation to senior investors. At that time, NASD Rule 2310 required that in recommending …
Navigating New California Employment Laws
2/1/18
By: David Daniels
Are you and your clients doing business in California prepared for the new employment laws that take effect in 2018? If you represent employers in the state of California, these laws may very well affect the daily …