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 …
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 …
Take Two Advil While I Check ChatGPT – Using A.I. in Medical Diagnoses and Treatment
5/10/23
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 …
5/9/23
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 …
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 …