FMG’s attorneys and staff respond to the hotlines for Ascot Insurance Miscellaneous Professional Liability (MPL) and Employment Practices Liability (EPL) Risk Management. These hotlines may only be used by Ascot policyholders with an active Private or Non-Profit Management Liability Policy.
If you are calling for specific legal advice for risk management or a potential claim that will necessitate our first establishing an attorney-client and privileged consultation, you will need to first submit a request for consultation form and agree to the terms of our consultation. Please note that no attorney-client relationship will be formed nor exist, between the Ascot insured (“you”) and Freeman Mathis & Gary, LLP, (“FMG”) unless and until (1) you complete the below Request for Consultation Form, (2) you agree to the terms and conditions of the engagement as set forth in the attached agreement (3) FMG advises you there are no conflicts in connection with the potential consultation, and (4) FMG accepts the request and agrees to consult with you.
In the event FMG accepts your request, you will thereafter be eligible for 1 hour of legal consultation free of charge. Please note, the activities and/or tasks to be completed (within this unpaid hour) are solely within FMG’s discretion.
Fees & Billing: In the event FMG accepts your request, you will thereafter be eligible for 1 hour of legal representation free of charge. Any additional representation beyond the complimentary hour is conditioned upon your prior acknowledgment and agreement in writing to be responsible for and pay any additional legal fees and expenses at the agreed-upon Ascot agreed hourly rate beginning at the time of your acceptance. In other words, you will not be charged for any fees beyond the 1-hour free consultation, unless and until you agree to additional paid consultation and services.
*Please review and agree to the below terms and conditions of representation if my request for consultation is accepted by FMG.
Click the appropriate Ascot policy type below to access the consultation form:
5/17/23
By Victoria James and Maria Alexander On April 19, 2023, in a case titled Amica Mutual Insurance Company v. Mary Floyd and Elite Auto Rentals, LLC, the Connecticut Superior Court held that a rental company is shielded from liability for the renter’s negligence. For this reason, the court struck the claim against the rental company.…
5/16/23
By LaShay Byrd and Kyle Virgin The COVID-19 Public Health Emergency (PHE) is set to officially end on May 11, 2023 and with it several extraordinary regulatory flexibilities will end as well. In the early days of COVID-19, the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), and other…
California Finally Mirrors the IRS By Allowing First-Time Penalty Abatement
5/15/23
By Caroline Wu & Elizabeth Lowery For decades California has refused to enact a statute mirroring that of the IRS which expressly provides taxpayer with first-time abatement of penalties for failure to file tax returns or failure to timely pay the tax due. This left Californians with a lack of predictability regarding whether taxpayers who…
A de novo Look at the FDA’s de novo Classification Process and Preemption
5/11/23
By Kevin M. Ringel and Kevin G. Kenneally A recent federal court decision, Desch v. Merz North America, Inc. & Ulthera Inc., No. 22-cv-02688 (HG), 2023 WL 2734671 (E.D.N.Y Mar. 31, 2023), highlights an untested area of medical device litigation. Presently, there is a lack of case law on whether the FDA’s heightened de novo…
Take Two Advil While I Check ChatGPT – Using A.I. in Medical Diagnoses and Treatment
5/10/23
By Robert Bender, Jr. Another day, another story about ChatGPT and its potential to shape a profession. According to a recent study by JAMA – The Journal of the American Medical Association – ChatGPT outperformed practicing physicians when answering patient questions. The study, coupled with another JAMA study addressing the chatbot assistant’s performance answering board…
Economic Slowdown: Layoff Speedup – 10 Commandments for Employers Considering Layoffs
5/9/23
By Gaia T. Linehan, Mandy D. Hexom and Victoria Fuller From retail to tech, employers have laid off tens of thousands of employees since the beginning of the year. Mass layoffs (i.e., ones affecting 50 or more employees) involve particular legal implications that employers must consider. The following are some guidelines for such layoffs: 1.…
5/9/23
By David A. Slocum In a closely watched case of first impression, a New Jersey appeals court panel held on Monday that a “hostile/warlike action” exclusion contained in an “all risks” property insurance policy does not bar coverage for nearly $700 million in losses suffered by multinational pharmaceutical giant Merck in connection with a cyberattack…
Minority Report: Kentucky’s Evolving Law of Foreseeability
5/9/23
By Tia J. Combs and Lucas Harrison Kentucky courts’ view of foreseeability was recently addressed in a pair of cases: Walmart, Inc. v. Reeves and Culp v. SI Select Basketball, et al. Kentucky’s appellate courts held that the “shift” in the conversation around the concept of foreseeability—that it is an aspect of breach analysis rather…
“Make Sure To Get It In Writing”: An Idiomatic Anachronism In Today’s Complex Legal World
5/8/23
By: Nancy M. Reimer and Andrew M. Vandini “Did you get it in writing?” has customarily and commonly been an inquiry used to determine whether a party can be held accountable for his, her, or its promises. The law, however, has never required a writing, and now, at least in Massachusetts, the answer to this…