DOL Releases New Overtime Rule And Increases Minimum Salary To $35,568
9/30/19
By: Brad Adler
On Tuesday, September 24, 2019, the U.S. Department of Labor released its long-awaited new minimum salary threshold for the Fair Labor Standards Act’s white collar exemptions (i.e., executive, administrative and professional exemptions). Under the new rule, which …
Consent-to-Settle Clauses Under Review in Massachusetts
9/30/19
By: David Slocum
Earlier this month, the Massachusetts Supreme Judicial Court (the SJC), the state’s highest court, heard oral argument in a case which presents the question whether consent-to-settle clauses typical to most professional malpractice insurance policies should be deemed …
Arbitration and Class Action Waivers Upheld in ERISA Plans, but an Industry Shift Toward Arbitration Remains to be Seen
9/26/19
By: Justin Boron
The judicial trend in favor of arbitration and class action waivers continues—this time in employee benefit plans.
Last month, a Ninth Circuit Court of Appeals panel validated an arbitration and class action waiver agreement contained in an …
In Praise of Folly: When Legal Advice Includes Business Issues
9/24/19
By: Paul Boylan
A recent case involving a highly compensated executive shows the pitfalls of getting what you want in a business deal. In 2002, a sophisticated business executive negotiated a stock buyback provision in his executive employment agreement using …
California Lawyers Now Have Duties To Clients “Who Got Away”
9/24/19
By: Greg Fayard
Under Rule 1.18 of California’s Rules of Professional Conduct, lawyers must now protect the confidences of prospective clients–even if a formal lawyer-client relationship never materializes.
That is, confidential information conveyed by a would-be client to a California …
The Statute of Repose Defense is Expanded
9/23/19
By: Jeff Alitz
In John C. Rankin v. South Street Downtown Holdings, Inc v. Truexcullins and Partners Architects, decided August 6, 2019, The New Hampshire Supreme court extended the application of that state’s Statute of Repose to bar not …
More Money Can Mean More Problems: The Evolution of Coverage for Cryptocurrency
9/20/19
By: Danny Walsh and Isis Miranda
Businesses, governments, and non-profits across the globe are implementing projects that leverage blockchain, a digital ledger technology, to improve their operations.
Cryptocurrency is one of the more controversial uses of blockchain technology. Although Bitcoin …
Georgia Federal Judge Enforces Contractual Liability Limitation, Cuts Jury Verdict in Half
9/19/19
By: Jake Carroll
A federal judge in Georgia enforced a limitation of liability clause in a construction contract for engineering services—reducing the jury’s award from $5.7 million to just over $2 million. See U.S. Nitrogen LLC v. Weatherly, Inc., …
Investors’ Life Insurance ‘Gamble’ Busts out in NJ Courts
9/19/19
By: Justin Boron
To take out insurance, you almost always need an “an insurable interest” in the risk being insured, such as a financial interest in a home or a car. It’s what prevents strangers to the risk from betting …
The Pennsylvania Superior Court Rules that Snow Contractors Qualify for Liability-Limiting “Hills and Ridges” Doctrine
9/18/19
By: Justine Baakman
A three-judge panel of the Superior Court of Pennsylvania recently reaffirmed a snow contractor’s protection from liability during ongoing snow events. More specifically, the plaintiff initiated a personal injury suit in Pennsylvania state court after slipping and …
California Lawyers Now Have A Duty of Diligence
9/13/19
By: Greg Fayard
The prior rules of professional conduct for California lawyers required them to be competent but were silent on also being “diligent.” Under the latest version of the rules, California lawyers now have an express duty of diligence. …
California Prompt Payment Act: A Tool In The Tool Belt To Secure Payment
9/13/19
By: David Molinari
In the construction industry, payments come slowly. Prompt payment laws exist in some form nationwide and can vary from state to state. These laws serve to create timelines for when payments must be made and institute interest …