Yahoo Fined $35M for Delay in Disclosing 2014 Cyberattack
4/30/18
By: Theodore C. Peters
On April 24, 2018, the U.S. Securities and Exchange Commission hit Altaba, Inc. (formerly known as Yahoo) with a $35 million fine. The penalty stems from Yahoo’s failure to disclose a 2014 cyberattack until 2016, even …
PA Fed. Ct. Finds UberBLACK Limousine Drivers Maintain Independent Contractor Status
4/30/18
By: John P. McAvoy
On April 12, 2018, Uber Technologies, Inc. won its legal battle on the recurring issue of independent contractor misclassification when the Eastern District of Pennsylvania granted the company’s motion for summary judgment in Razak v. Uber …
Banks Attempt to Expand the Scope of Liability for Escrow Companies
4/27/18
By: Bryce M. Van De Moere
The collapse of the subprime mortgage market in 2008 created shock waves still felt today. Over-extended lenders such as Washington Mutual and Countrywide failed; larger financial institutions absorbed their loans and were tasked with …
Circuits Now Split Three Ways Over False Claims Act Limitations Period
4/26/18
By: Robyn Flegal
The Eleventh Circuit Court of Appeals (governing Georgia, Alabama, and Florida), recently held that the three-year statute of limitations for the False Claims Act (FCA) begins when the government learns of alleged violations of the FCA, rather …
Countries Around the World Are Investigating Facebook’s Cambridge Analytica Event
4/26/18
By: Allen E. Sattler
On March 18, 2018, news broke of the Cambridge Analytica event where the data of an estimated 87 million Facebook users was disclosed to the UK-based political consulting firm. The breach of user data resulted in …
What Should I Do If The Government Invites Our Company To Participate In A Program?
4/25/18
By: Kenneth S. Levine
The FMG Immigration Section was recently asked to address a client’s question on how they should respond to an emailed “invitation” by the USCIS E-Verify Unit for their company to participate in a quality control program. …
Schiff Hardin Requests 5th Circuit To Dismiss Insurer's Malpractice Suit
4/25/18
By: Barry S. Brownstein
Schiff Hardin, LLP, asserting that it has immunity under Texas law, has appealed to the Fifth Circuit seeking to end a suit filed by Ironshore Europe DAC, alleging that the law firm’s bad advice in connection …
Antisocial Media: Court Critical of Cop Capturing Curious Citizen’s Cellphone
4/23/18
By: E. Charles Reed, Jr.
The Eleventh Circuit Court of Appeals has held that a police officer violates clearly established law by seizing a bystander’s cellphone at an accident scene in the absence of exigent circumstances.
With the rise of …
SEC Fiduciary Rules Proceeds on Split Vote
4/19/18
By: Theodore C. Peters
The Securities and Exchange Commission (“SEC”) conducted a public hearing on April 18, 2018 to address a series of SEC proposals governing securities professionals. Recall that the Department of Labor previously sought to promulgate a “fiduciary …
New Clarity for California CCP 998 Offers
4/18/18
By: Gretchen S. Carner
California Code of Civil Procedure section 998 settlement offers (“998 offer”) are valuable settlement tools, often under-utilized in prevailing party attorneys’ fees cases. The California Court of Appeal has bolstered defendants’ ability to confidently make valid …
Ordinarily, Is It Professional Negligence? Georgia Supreme Court Thinks So In $22 Million Reversal
4/17/18
By: Shaun Daugherty
The Georgia appellate courts have addressed the issues between claims of ordinary and professional negligence in medical malpractice cases for a number of years. The standards for liability are distinctly different, but in certain factual scenarios there …
Lions, Tigers, and… Peacocks? How to Handle Requests for Emotional Support Animals
4/16/18
By: Christopher M. Curci
Many HOA’s with a “no pets” policy struggle to properly handle requests from unit owners to have emotional support animals at the property. Governing Boards have to balance the needs of the unit owner making the …