Breaking – Eleventh Circuit Holds No TCPA Standing For Receipt of Single Unsolicited Text Message
8/29/19
By: Matthew Foree
In Salcedo v. Alex Hanna, the U.S. Court of Appeals for the Eleventh Circuit has just issued a major decision holding that receipt of a single unsolicited text message does not establish standing under the Telephone Consumer …
California Attempts to Change Standard of Liability for Use of Force Claims
8/29/19
By: Sara Brochstein
Earlier this month, California enacted a new measure that goes into effect in 2020 altering the use of deadly force standard for law enforcement officers. The law was originally introduced in response to the March 2018 shooting …
Interviewing on a Clean Slate: Employers’ Obligations Under Pennsylvania’s Newly Enacted Clean Slate Law
8/26/19
By: Sean Riley
Pennsylvania recently became the first state in the country to enact clean slate legislation, which provides for the automatic sealing of non-violent misdemeanor criminal records for those who qualify after a set period of time. The law …
Let the Music Play On: The Supreme Court of Georgia’s New Test Regarding Immunity Under the Recreational Property Act
8/22/19
By: Jake Loken
Inviting individuals onto your property can lead to the invitation of a lawsuit. Generally, an individual injured on a landowner’s property could file a lawsuit against the landowner.
In Georgia, the legislature has carved out an exception …
Speak Now or Forever Hold Your Peace: Construction Claim Arbitration and Res Judicata
8/20/19
By: Catherine Bednar
The Supreme Court of Connecticut recently affirmed the Appellate Court’s determination that when a property owner and a general contractor enter into binding, unrestricted arbitration to resolve disputes, the subcontractors are presumptively in privity with the general …
Eastern District of Pennsylvania Finds that School District Immunity does not Extend to Teacher’s Alleged Intentional Torts
8/19/19
By: Erin Lamb
An Eastern District of Pennsylvania judge ruled that the Philadelphia School District is immune from a lawsuit wherein a special education student was allegedly choked by his special education teacher. However, District Judge Gerald Pappert also ruled …
The Complications of Sub-limits in High Exposure Cases
8/16/19
By: Phil Savrin
Insurance coverage is essentially the transfer of risks to insurers who have pooled assets through payment of premium to cover liabilities that may arise to the insureds. As the exposures rise in value, the cost of coverage …
Could Facebook’s $5 Billion FTC Fine for Privacy Violations be Covered by Cyber Insurance?
8/14/19
By: Isis Miranda
A similar question was posed to me recently at a conference where I was speaking about the GDPR (European General Data Protection Regulation): “Could my company just buy insurance instead of worrying about whether our China-based venders …
To Everything There Is A Season – And A Causation Analysis
8/14/19
By: Marc Shrake
Late last week the National Oceanic and Atmospheric Administration (NOAA) issued its annual mid-season update to the 2019 Atlantic hurricane outlook (https://www.noaa.gov/media-release/noaa-increases-chance-for-above-normal-hurricane-season). The NOAA upped its prediction to 5-9 hurricanes, which are expected to develop …
From the Windows to the Walls: California Homeowners Consider Earthquake Coverage
8/12/19
By: Kristin Ingulsrud
Californians witnessed a series of earthquakes over the recent Fourth of July Weekend, prompting a ten-fold increase in visits to the California Earthquake Authority’s (“CEA”) website.
The CEA is California’s primary earthquake insurer, created after the devasting …
Beware of FINRA's Increased Focus on Non-Registered, Associated Persons
8/9/19
By: Elizabeth Lowery
On July 29, 2019, FINRA announced that Citigroup Global Markets, Inc. was fined $1.25 million for failing to conduct timely or adequate background checks on approximately 10,400 non-registered associated persons spanning a seven-year period from 2010 to …
Connecticut and Delaware Enact New Data Security Laws for the Insurance Industry
8/8/19
By: Ben N. Dunlap
Connecticut and Delaware have enacted new laws imposing data security obligations on the insurance industry, joining New York, South Carolina, Ohio, Michigan, and Mississippi.
Connecticut’s Insurance Data Security Law, signed by the Governor on July 26, …