Does a California Lawyer Have to Convey All Settlement Offers to the Client?
7/31/19
By: Greg Fayard
Not necessarily. Under Rule 1.4.1 of the ethics rules for California lawyers, in criminal matters, all terms and conditions of plea bargains or other dispositive offers, whether written or oral, have to be communicated to the client …
Can Silence Be Bought as Part of a Settlement of a Use of Force Claim?
7/30/19
By: Jake Loken
Can silence be bought, especially of those who claim excessive use of force? The City of Baltimore thought so, until the Fourth Circuit Court of Appeals said otherwise.
In Overbey v. Mayor of Balt., No. 17-2444 …
Be Aware of Your Rights When ICE Wants to Review Your I-9 Files
7/29/19
By: Ken Levine
Under the current administration, Immigration and Customs Enforcement (ICE) has ramped up investigations on corporate compliance with laws pertaining to the hiring of workers. The reality is that large, medium and small employers are all at risk …
Pennsylvania Superior Court Maintains a Contempt/Sanctions Proceeding is a ‘Civil Proceeding’ Contemplated by the Dragonetti Act
7/29/19
By: Courtney Mazzio
In Pennsylvania, the Dragonetti Act created a wrongful use of civil proceedings cause of action, when a person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to …
Connecticut Governor Signs Anti-Indemnity Law for Snow and Ice Management Contracts
7/23/19
By: Marc Finkel
Connecticut recently became the third state, joining Illinois and Colorado, to pass legislation prohibiting certain indemnity and hold harmless clauses within snow and ice management services contracts. An Act Concerning Snow and Ice Control Services Contracts (“the …
Next Up Libra: Regulating Cryptocurrency
7/23/19
By: David Molinari
Reluctance to accept cryptocurrency as a medium of exchange continues to focus, in substantial part, on the inability to regulate a virtual form of currency.
Cryptocurrencies were originally meant to be stateless entities, not beholden to legal …
Are Verbal Fee Splits Among California Law Firms Okay?
7/18/19
By: Greg Fayard
The answer to this question is now “no.” When different law firms split a legal fee–say a contingency fee–verbal “gentlemen’s agreements” are not permitted under California’s new ethics rules. The old ethics rules allowed different law offices …
Federal Litigation and How to Turn a USCIS Denial into an Approval
7/17/19
By: Ken Levine
The FMG Immigration Section was retained to prepare a green card case for one of the top chess players in Asia. Our client, Oliver Barbosa, is a chess Grandmaster who hails from the Philippines. He is currently …
United States Supreme Court to Decide Whether Georgia Law can be Copyrighted
7/15/19
By: Jason Kamp
The United States Supreme Court recently agreed to decide whether the annotations contained in the Official Code of Georgia Annotated (OCGA.) can be copyrighted by the state of Georgia, granting certiorari in State of Georgia, et al. …
Some Potential Certainty in an Outcome in an Uncertain Medical Malpractice World
7/12/19
By: Shaun Daugherty
Medical malpractice claims can be dangerous in front of a jury and some recent Georgia verdicts are proof of that. In Georgia, as many other states, medical doctors typically have consent clauses in their professional liability policies …
Increasing Suits to Avoid Arbitrator Administrator Selection Clauses in California UIM Arbitration and Possible Responses
7/11/19
By: Timothy Kenna
Many automobile insurance policies designate an Arbitration Administrator to conduct UIM arbitrations under their rules. Increasingly counsel for the insured are seeking to avoid arbitration under the rules of the selected Administrator arguing that there is an …
Malware Incident in Philly Court that Downed Online Filing Highlights Concerns for Court Systems and Legal Community in the Future
7/11/19
By: Justin Boron
It’s back-to-normal for tech-dependent, legal professionals in the Philadelphia legal community. After a month with no access to online filing due to a malware incident in Philadelphia Court of Common Pleas, attorneys like me—who never knew a …