Can a California Supervising Lawyer Be Disciplined for an Associate’s Misconduct?
6/28/19
By: Greg Fayard
The answer to this question is yes, in certain circumstances. This is a change under the current rules of professional conduct for lawyers compared to the prior rules, which expired last October 31, 2018.
Rule 5.1 says …
Duties of Care and Loyalty Coming to Investments Near You
6/28/19
By: Matthew Jones
The approval of Regulation Best Interest by the Securities and Exchange Commission last month continues to spark debate and controversy, and the future of the Rule remains uncertain. The Rule’s implementation was set for June 30, 2020. …
PG&E Reaches $1 Billion Settlement Following California Wildfires
6/28/19
By: Jenny Jin
Pacific Gas & Electric Co. recently reached a $1 billion settlement with 14 California local government agencies for the significant losses stemming from the 2015, 2017, and 2018 Northern California wildfires. The civil settlement was reached in …
The Standing Requirement Remains an Open Question But Still a Valid Defense to Cyber Claims
6/26/19
By: Jeff Alitz
In litigation proceeding in the Federal Courts, it has always been necessary for a successful plaintiff to in some manner establish that the harm sought to be remedied by a federal lawsuit falls within the authority of …
Kentucky Court of Appeals Reminds Plaintiffs They Bear a "Tall Burden" in Proving Bad Faith
6/26/19
By: Barry Miller
A Kentucky Court of Appeals decision adopted a federal court’s observation that Kentucky bad faith decisions fall into two broad categories. One category reflects “a more expansive approach to a finding of bad faith,” analyzing facts where …
Discrimination Without A Difference: Supreme Court To Decide Whether Section 1981 Requires “But For” Causation Or Whether Same-Decision Defense Applies
6/24/19
By: Michael Hill
The U.S. Supreme Court is poised to answer the question of where to draw the line when a decision is motivated in part by race discrimination. Must the plaintiff show the decision would not have been made …
Hooray! My Employee's H-1B Visa Was Finally Approved! Now Why Am I Getting This Revocation Notice?
6/19/19
By: Ken Levine
For the past two years, USCIS has ramped up revocations of approved H-1B petitions. While there are no reliable government statistics, word of mouth in the immigration legal field, as well as increased federal litigation concerning H-1B …
Fourth Circuit Affirms $61 Million TCPA Judgment
6/18/19
By: Matt Foree
The United States Court of Appeals for the Fourth Circuit recently affirmed a judgment based on a jury verdict of over $61 million for illegal telemarketing calls made under the Telephone Consumer Protection Act (“TCPA”). As a …
The SEC Seeks to Enhance the Quality and Transparency of Investors’ Relationships; Approves the Regulation Best Interest Rule
6/17/19
By: Joseph Suarez
On June 5, 2019, the U.S. Securities and Exchange Commission (“SEC”) approved its Best Interest Rule (the “Rule”) package requiring broker-dealers, and investment advisors, to act in their retail clients’ “best interests.” The SEC states the Rule, …
Avoiding Legal Malpractice Tip: Don’t Sue Your Client For Fees
6/17/19
By: Greg Fayard
Sometimes clients don’t pay their attorneys’ fees. Should the unpaid lawyer sue his or her client for owed legal fees? While the lawyer certainly has the right to file suit, a lawsuit against a client can trigger …
Resilient Design: A Future Requirement?
6/17/19
By: Catherine Bednar
Today’s headlines reflect an increasing awareness of climate change and its impacts – rising sea levels, heightened flood risks, and potential wildfires, to name a few. Scientific research and political debate over the causes/effects of and policy …
Third Circuit Rules Against the City of Williamsport in Lawsuit Filed Against Insurance Companies Based on Law Enforcement Policy Coverage
6/14/19
By: Michelle Yee
In 2015, there was major news coverage that a former Williamsport police officer pled guilty to involuntary manslaughter and several other charges. This case stems from a fatal automobile accident that occurred between James David Robinson and …