Georgia Court of Appeals Provides Guideline for Drafting Enforceable Exculpatory Clauses in Georgia
4/23/19
By: Bart Gary and Jake Carroll
Exculpatory clauses are terms in a contract that shift the risk of loss to the other party or a third-party, or attempt to limit one’s obligations under a contract. A typical exculpatory clause is …
SEC Issues Risk Alert Regarding Broker-Dealers and Investment Advisers’ Privacy Practices and Compliance with Regulation S-P
4/22/19
By: Jennifer Lee
On April 16, 2019, the U.S. Securities and Exchange Commission (“SEC”) issued a Risk Alert summarizing the findings from the examinations of broker-dealers and investment advisers’ privacy practices and compliance with Regulation S-P.
Regulation S-P, 17 C.F.R. …
Is Flood Insurance the Next Big Thing in California?
4/19/19
By: Matthew Jones
California’s winter has been quite wet given the significant amount of rain. With heavy rain comes flooding and mudslides. California is not used to either of those types of events; but maybe it should be. Recently, the …
Largest Jury Verdict in TCPA History: Defendant Faces $925 Million in Damages
4/18/19
By: Jennifer Lee
On Friday, April 12, 2019, a federal jury in Oregon rendered a verdict in a certified class action that could leave ViSalus, Inc. on the hook for $925 million for making more than 1.85 million unsolicited robocalls …
Plaintiffs’ Burden to Establish Punitive Damages: Farmers & Merchants Trust Co. v. Vanetik
4/18/19
By: Jennifer Weatherup
A recent decision from the California Court of Appeal has outlined the requirements for establishing a defendant’s financial condition as a prerequisite to an award of punitive damages, and has further emphasized that it is the plaintiff’s …
Ninth Circuit: Creditors May Be Vicariously Liable for TCPA Violations Based on Common Law Ratification Principles
4/16/19
By: Nikki Sachdeva
In a recent opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a creditor, finding that common law principles of ratification may create vicarious liability …
Employers May Need to Submit EEO-1 Pay Data As Early As May 31, 2019, Although the EEOC is Advocating for a Later Deadline of September 30, 2019
4/15/19
By: Paige Pembrook
Last month, the U.S. District Court for the District of Columbia reinstated the Equal Employment Opportunity Commission (EEOC) rule requiring employers to report pay information by race, ethnicity and sex with their EEO-1 Report. However, employers still …
Jeff Bezos Just Challenged Amazon’s Retail Rivals To Match Its $15 Minimum Wage – Is Bezos’ Challenge Checkmate or Checkout For the Push To Increase Minimum Wage?
4/15/19
By: Brad Adler and Matthew Jones
Five months ago, in November, 2018, Amazon raised its minimum wage to $15/hour. Now, Amazon’s leader is challenging his competitors in the retail sector to do the same. In a letter to shareholders that …
Cooperation: A Policyholder’s Duty…or Downfall?
4/12/19
By: Marc Finkel
A policyholder’s duty to cooperate with its insurer is one of the most significant commitments made in the relationship between an insurer and its insured. It goes without saying that the consequences can be dire for an …
McKinney Due Process Analysis Alive and Well in the Eleventh Circuit
4/9/19
By: Dana Maine
This will be a short blog: “The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due Process Clause of the Fourteenth Amendment when the alleged conduct is the unlawful …
FINRA Seeks To Simplify Non-Party Discovery
4/9/19
By: Greg Fayard
In January 2019, the Financial Industry Regulatory Authority (FINRA) proposed changes to its rules to give non-parties more time to respond to discovery requests and witness orders from arbitration panels. Currently, non-parties only have 10 calendar days …
First Circuit Affirms Ruling That Third-Party Administrator Responded Reasonably To Settlement Offers Within Policy Limits
4/9/19
By: Bill Buechner
We recently posted a blog (see here) concerning an appeal to the First Circuit Court of Appeals from a Massachusetts district court decision finding that a third-party administrator (Sedgwick) did not violate the Massachusetts Consumer Protection …