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” …
“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, …
BEWARE THE BELIEF YOUR RESPONSE TO AUDITOR IS A COLOSSAL WASTE OF TIME
5/4/23
By: Tim Soefje
Some lawyers may create more potential professional liability over the coming months by drafting a single letter in response to their client’s independent auditor’s request for information than they will throughout the entire rest of the year.…
Tackling Unauthorized Messaging in the Financial Sector
4/20/23
By David Chang
With the growing prevalence and rapid evolution of alternative communication channels, the Financial Industry Regulatory Authority (FINRA) is now emphasizing the requirement for broker-dealers to retain business-related messages across all mediums. FINRA’s approach mirrors the Securities and …
Important Principle of Insurance Law Reinforced
4/20/23
Applying Florida law, the 11th Circuit in Shiloh Christian Center v. Aspen Specialty Ins. Co., 22-11776, has reversed a district court’s grant of summary judgment in favor of an insurer, instead holding that the subjective …
4/19/23
By Jody Cappello and Tara Sheldon
In Jones v. Walmart Store No. 2585 et al., the United States District Court for the District of Connecticut addressed the burden a plaintiff must meet to establish an adverse employment action under …
We’re Gonna Need a Bigger Boat – The Rise of AI-Enhanced Phishing Attacks
4/19/23
By Curt Graham
While hard at work, an unexpected email arrives with an urgent request: “This is your boss. I lost my company credit card and I need you to send me your card information immediately.” By now, most of …
The Importance of the Case Within the Case in Legal Malpractice Actions
4/18/23
By Patrick Cosgrove and Meaghan Mahon
Legal malpractice defense attorneys know they must make the plaintiff prove two cases – the legal malpractice case and the “case within a case”, requiring the plaintiff to prove the merits and damages of …
4/17/23
By Paul Boylan and Ryan Giggi
In Abdulky v. Lubin & Meyer, P.C., decided on March 28, 2023, the Massachusetts Appeals Court disposed of a professional malpractice case by invocation of the principle that expert disclosures used on summary …
Connecticut Appellate Court Expands and Provides Guidance for Wrongful Conduct Rule
4/13/23
By: Janice Lai and Brayson Grant
On February 14, 2023, Connecticut’s Appellate Court expanded the application of the Wrongful Conduct Rule which was first adopted by the Connecticut Supreme Court in 2014.
In Lastrina v. Bettauer, 217 Conn. App. 592 …
Primary Jurisdiction Rarely Causes Severe Mental Anguish
4/10/23
By Elissa B. Haynes and Carlos A. Fernández
Your car won’t start. A mechanical engineer, a NASCAR podcaster, and mechanic walk into your garage to help you—we’re assuming you have a diverse set of friends willing to help. The mechanical …
4/3/23
By Daniel Parker Jett and Alexander Schindler
On February 16, 2023, the Fast Food Franchisor Responsibility Act (“AB 1228”) was introduced in the California State Assembly. AB 1228 proposes creating California Labor Code section 2810.9 to impose vicarious liability for …