New Jersey Court Finds Defendants Not Liable for Plaintiff’s Fall in the Parking Lot During Ongoing Snowstorm
2/28/20
By: Michelle Yee and Josh Ferguson
The Superior Court of New Jersey recently affirmed the trial court’s summary decision in favor of the defendants and ruled that defendants were not obligated to remove snow and ice between parked cars until …
CAUTION! Disciplinary Action Ahead
2/27/20
By: Anastasia Osbrink
It has now been over a year since California Evidence Code, section 1129 went into effect, and as such, it is a good time to be reminded that compliance is mandatory and attorneys who fail to comply …
The “Two Hats” Rule for California Lawyer-Mediators
2/27/20
By: Greg Fayard
For decades now, many practicing attorneys also mediate or arbitrate cases. Gone are the days where only retired judges mediate or arbitrate. California’s Rules of Professional Conduct for lawyers recognize that some neutrals also practice law.
That …
Federal Tax Spotlight: Energy Incentives for the Construction Industry in 2020
2/27/20
By: Catherine Bednar
While many individuals and businesses are currently focused on the upcoming deadlines for filing their 2019 tax returns, it is also an ideal time to consider potential tax benefits for 2020 construction projects. Those in the construction …
Sticks and Stone Can Hurt People, But Disagreement Between NFL Players Is A Reminder That Words Also Can Hurt Us
2/20/20
By: Jeffrey Hord
In the final minute of last November’s NFL game between the Cleveland Browns and the Pittsburgh Steelers, Browns defensive end Myles Garrett ripped off Steelers quarterback Mason Rudolph’s helmet and swung it at Rudolph, hitting him in …
Pre-Judgment Settlements with the Insured after Claimed Blown Policy Limit Demand
2/20/20
By: Tim Kenna
Every once in a while, an insurer contemplates settlement of the insured’s potential bad faith claim following allegations that a policy limit demand lapsed, and that the insurer is liable for any resulting excess judgment and bad …
States are Busy on the Cyber Front
2/19/20
By: Amy C. Bender
2020 is off to a busy start, with several states taking action on cybersecurity legislation and issuing other legal updates. Highlights include:
California – California’s Attorney General has issued revised proposed regulations regarding the California Consumer …
Striking a Balance: Motor Carriers, Insurers, and the Innocent Motoring Public
2/17/20
By: Mallory Ball
Some courts are striking a balance where innocent third parties are injured from the negligence of motor carriers by finding coverage despite the terms and conditions of the insurance policy. For example, some insurance policies restrict the …
EEOC Releases Charge Data And Guess What — Retaliation Is The Most Frequently Filed Claim with the EEOC in 2019
2/14/20
By: Brent Bean
The Equal Opportunity Employment Commission recently released its 2019 enforcement statistics. The EEOC is the administrative agency and gatekeeper for employment law claims asserted under Title VII of the Civil Rights Act of 1964. The EEOC receives …
What Should an Attorney Do If Attorney Has Mistakenly Produced a Privileged Document Under Massachusetts Law?
2/14/20
By: Adrianna Michalska
In the event that an attorney has mistakenly produced a privileged document in discovery, Massachusetts Rule of Civil Procedure 26(b)(5)(B) requires that he give prompt notice to the party receiving the document and takes reasonable steps to …
OSHA Issues Guidance on the Usage of Headphones on Construction Sites
2/13/20
By: Erin Lamb
In late 2019, OSHA released a letter of interpretation in response to employers’ questions regarding the rapidly increasing use of headphones on construction sites. The convenience, simplicity, and decrease in price of wireless headphones have made them …
Consent-To-Settle Clauses Upheld by Massachusetts’ Highest Court
2/13/20
By: Zinnia Khan
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued its highly anticipated decision in Rawan v. Continental Casualty Co. regarding the enforceability of consent-to-settle clauses. The SJC held that consent-to-settle clauses do not violate G.L. c. 176D, …