How Should a California Mediator Deal With An Unrepresented Party?
6/17/20
By: Greg Fayard
Most California mediators are lawyers. When mediator-lawyers handle a mediation where one party does not have a lawyer, the lawyer-mediator has to treat that pro per party differently than a party who has a lawyer.
Specifically, if …
Massachusetts Highest Court Rules Benefit of the Bargain Damages Can Include Expectancy Loss in Value of Laboratory for Medical Researcher
6/16/20
By: Catherine Scott
It is a long-settled principle of contract law that an individual who seeks to recover damages under a broken contract will only be allowed to recover a figure sufficient to put that person in the place he or she would have been had the …
Immunity for COVID-19 Claims in Georgia
6/16/20
By: Jake Daly
Following a three-month layoff due to COVID-19, the Georgia General Assembly reconvened on June 15 to complete its business for the 2020 session. With only ten legislative days remaining as of June 15, 2020, there is limited …
Comma Wars: NY Case Illustrates the Importance of Punctuation and Grammar in an Insurance Policy
6/16/20
By: Justin Boron
In the insurance coverage world, hundreds of thousands of dollars—and sometimes even millions—often come down to a comma.
On such case came before the Second Circuit on oral arguments last Thursday. In an IP coverage dispute with …
FINRA Issues Guidance on Remote Work Including Continued Warning for Cyber Threats
6/15/20
By: Kathleen Cusack and Kirsten Patzer
Although all 50 states have begun the process of reopening, business spaces have not yet returned to full capacity and many people continue to work remotely. On May 28, 2020, the Financial Industry Regulatory …
Kentucky Federal Court Dismisses Former Employee’s Wrongful Termination Suit Related to Use of CBD Oil
6/15/20
By: Curt Graham
As CBD products continue to gain popularity across the country, employers are likely to have questions regarding the scope of their drug testing policies. A recent decision from the United States District Court for the Western District …
An Arbitration Clause May Present A Defense To A Data Breach Class Action – But At What Cost?
6/10/20
By: Bill Cheney
A common defense strategy in response to data privacy and security class actions is to file a motion to compel arbitration. The arbitration forum has a number of advantages, including efficiency, speed, lower costs, expertise, and confidentiality, …
OSHA Issues Updated Guidance On When Employers Must Record COVID-19 Cases
6/8/20
By: Elizabeth Fellmeth
In OSHA’s original guidance from April 2020, the agency acknowledged the difficulty in determining whether a COVID-19 case was “work-related” due to possible employee infections from outside the workplace. Most employers did not have a reporting obligation …
A Tale of Two Cities: COVID-19 Business Interruption Coverage in New York and Paris
6/5/20
By: Isis Miranda
Two sides of the pond. Two different outcomes.
In New York, Social Life Magazine, Inc. sought immediate relief from the court in a case against its insurer, Sentinel Insurance Company, Limited, for business interruption coverage losses it …
Congress makes PPP forgiveness easier to obtain in passing the PPP Flexibility Act
6/5/20
By: Justin Boron
You just got a reprieve on your forgiveness.
In passing an amendment to the Paycheck Protection Program on Wednesday evening, Congress—among other changes it made to the PPP—extended the period to spend forgivable loan money from eight …
Is Rioting a Covered Cause of Loss?
6/4/20
By: Shawn Bingham
Over the past couple weeks, our screens have displayed images of anguish and anger in reaction to the tragedy in Minneapolis and the related spectrum of issues. Some of these images show extensive damage to business property, …
Spring Cleaning: Department Of Labor Scraps Confusing Categorizations Regarding Retail And Service Establishments
6/4/20
By: Michael Hill
As part of an ongoing effort to clarify the laws governing how employers may pay their employees, the U.S. Department of Labor (DOL) removed some outdated and confusing rules it had introduced in the 1960s and 1970s.…