Handling Telework Requests in a Post-COVID Environment
4/13/21
By: David Chang
As COVID-19 numbers retreat and vaccine distributions increase, many businesses that shifted to a Working From Home (“WFH”) environment are preparing to transition back to the office. This will likely bring increased requests for “reasonable accommodations” under …
It May Be Legal, But It’s Not Civil
4/13/21
By: Michael Weinberg
A recent decision in the matter of Legal Sea Foods, LLC v. Strathmore Insurance Company, USDC (Mass) further addressed coverage for business income and extra expense losses caused by both state and local governments nationwide orders (the “Orders”) in …
The First Amendment Shield Against Student & Faculty Discipline
4/13/21
By Candice Jackson
Two recent federal court decisions give guidance to public universities on the interplay of free speech, academic freedom, free exercise of religion, and diversity and inclusion initiatives. The two cases have great significance for colleges and universities …
Websites Not Considered Places of Public Accommodation under the ADA
4/9/21
By: Joyce Mocek
The Eleventh Circuit recently held that websites of businesses open to the public are not necessarily considered places of public accommodation under Title III of the Americans With Disabilities Act (ADA). The ADA prohibits discrimination on the …
Gov. Cuomo Rescinds Controversial Immunity Granted to New York Nursing Home Facilities for COVID-19 Deaths – Insurers May Be On Hook For Historic Public Policy Disaster
4/8/21
By: Kevin G. Kenneally, Esq. and William E. Gildea, Esq.
The embattled NY Governor Andrew Cuomo backtracked on his signature pandemic legislation that recently unraveled and marred his reputation, as allegations of cronyism and endangering the state’s most vulnerable elderly …
Texas’ Perfect Storm May Result In Largest Insured Loss In Texas History
4/8/21
By: Ken Coronel
Texas residents are still recovering from the extreme winter storm which left the state reeling from days of widespread blackouts, water shortages, millions left in the dark, and business closures. From the standpoint of the carriers writing …
A Massachusetts Attorney Is Suspended for Overbilling Clients
4/7/21
By: Nancy Reimer and Eleni Demestihas
In the Matter of [Attorney] (SJC 12850) the Massachusetts Supreme Judicial Court found the attorney not only charged excessive fees to multiple clients but did so intentionally over a matter of months. In 2015, …
U.S. Department of Education Announces Plans to Review Its 2020 Title IX Regulations
4/6/21
By: Candice Jackson
The U.S. Department of Education (ED) announced today that to comply with President Biden’s Executive Order 14021, ED’s Office for Civil Rights (OCR) will commence a “comprehensive review” of ED’s 2020 Title IX sexual harassment regulations. …
Flipping the Script- Maryland Court of Special Appeals Rejects Reptile Theory and Overreaching Spoliation Instructions
4/2/21
By: Joshua Ferguson
Maryland Court of Special Appeals discussed the emerging Reptile Theory approach favored by plaintiffs’ attorneys. Reptile Theory approach encourages jurors to favor personal safety and the protection of family and community above the law. Courts have previously …
FMG Education Law Blog Series: Special Education Issues Facing Schools in the COVID-19 Era
4/2/21
By: Candice Jackson and Tia Combs
** This is the inaugural post in Freeman Mathis & Gary’s new Education Law Blog, beginning with a series addressing special education topics. **
Part 1: “Basics of FAPE: The Cornerstone of Special Education …
Breaking – U.S. Supreme Court Narrowly Interprets TCPA Autodialer Definition
4/1/21
By: Matt Foree
As we have discussed previously HERE and HERE, the Supreme Court of the United States has been considering an important Telephone Consumer Protection Act (“TCPA”) case concerning the statutory definition of “automatic telephone dialing system” (“ATDS”) …