Emerging issues in data breach litigation: Duty of care under Georgia law
11/19/25
By: Jacob Berlinger and David Cole
Beyond the familiar challenges of establishing standing and proving injury from a data breach, courts are increasingly grappling with threshold questions about the viability of plaintiffs’ legal theories. One recurring issue is whether—and to …
Hillsdale decision extends VPPA to free, educational content
11/17/25
By: Michael Brown and Emily Mayfield
A recent decision by the U.S. District Court for the Western District of Michigan has expanded the interpretation of who may qualify as a “video tape service provider” under the Video Privacy Protection Act …
11/7/25
On October 31, 2025, Judge Edith Jones wrote for the Fifth Circuit in Hiran Management, Inc. v. NLRB: “Ninety years after Congress created the National Labor Relations Board (“NLRB”) the NLRB claimed for the …
Potential impact of Pennsylvania’s Paul Miller Law on motorist liability
6/5/25
By: Joshua G. Ferguson and William P. Bodycot
Effective June 5, 2025, motorists in the Commonwealth of Pennsylvania will operate under a new law entitled “Paul Miller’s Law.” The new statute, signed into law last year by Governor Josh Shapiro …
Seventh Circuit finds drive-thru drive-by shooting unforeseeable
4/7/25
By: Patrick Eckler and Charlotte Meltzer
“Our sympathies may lie with Mr. Scott, but because this extreme, isolated, and unprovoked display of violence was not reasonably foreseeable, we affirm.”
In a recent Seventh Circuit decision, the Court affirmed summary judgment …
3/5/24
By: Travis Knobbe
In late January, we wrote about the new reporting requirements imposed by the Corporate Transparency Act (the “CTA”), effective January 1, 2024. As a reminder, the CTA requires many small businesses to report certain information concerning the …
12/4/23
By: Kevin G. Kenneally, David Harding and Christina Morgan
“Seldom is so ambitious a case filed on so slight a basis.”
–U.S. Court of Appeals for the Sixth Circuit
On November 27, 2023, the U.S. Court of Appeals for …
Understanding CMS regulations: navigating Medicare secondary payer reporting requirements
10/30/23
The Centers for Medicare & Medicaid Services (CMS) have finalized regulations that shed light on how it will handle civil money penalties for violations of the Medicare Secondary Payer (MSP) reporting requirements. The new rule applies to …
10/19/23
By: Rachel E. Hobbs
A recent decision by a federal court in California set out several important insurance concepts. In Brookfield Property Group v. Liberty Mutual, the defendant CGL insurer issued a policy to a non-party construction manager. The construction …
10/2/23
By: Kingshuk K. Roy
Was a principal-agent relationship established between a freight broker and the driver of the trucking company it contracted to haul a load? This was the question put before the First District Appellate Court in Cornejo v. …
We Do Not Negotiate With Terrorists – How Several States are Prohibiting Ransomware Payments
9/28/23
In 2022 in the United States, 106 local governments, 44 universities and colleges, 45 school districts operating 1,981 schools, and 25 healthcare providers operating 290 hospitals, disclosed they were victimized by ransomware attacks. In recent years, …
Slippery Conditions in Pennsylvania Defense Slip and Fall Negligence Case
9/27/23
By: Nicholas Hubner
In a recent ruling this month, the Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “generally slippery” conditions. Plaintiff filed suit against the defendant property owner …