Are Bitcoin’s Days as the Ransomware Payment of Choice Numbered?
6/11/21
By: Alexia Roney
On May 7, 2021, the CEO of Colonial Pipeline found himself in a position far too common for American companies: a cyberattack had crippled his company’s IT system and shuttered his business until a ransom was paid. …
Automobile Dealer Protection under the Connecticut Dealer Plate Statute, C.G.S. §14-60, Upheld
6/7/21
By: Edward Storck
In Kyle McCall v. Gina Sopneski, et al, 202 Conn. App. 616 (2021), the appellant, Kyle McCall, sought review of the trial court’s decision granting the Motion for Summary Judgment filed by appellee, Reynold’s Garage & …
Georgia Federal Court Among the First to Restrict Applicability of Georgia COVID Emergency Orders Extending Statutes of Limitations
6/4/21
By: Wayne Melnick and Carlos Fernandez
The COVID-19 pandemic slowed the roll of most, if not all, cases. Now that the brakes are being slowly eased-off, questions are arising about the Georgia Supreme Court’s Emergency Orders that extended the statute …
Georgia Legislature Extends COVID Liability Immunity While Courts Consider the Statute’s Protections
6/4/21
By: Sharon Horne
The COVID-19 Pandemic Business Safety Act, codified at O.C.G.A. §§ 51-16-1 to -5, went into effect on August 5, 2020, to provide immunity to healthcare facilities and providers, other businesses, and individuals from “COVID-19 liability claims” unless …
Using a Picture That Someone Else Took – You Could Be Facing a Copyright Claim
6/4/21
By: Neil Hartzell
United States copyright law protects “original works of authorship fixed in a tangible medium and the protection is available to published and unpublished works.” The law is codified in Title 17 of the United States Code. The …
EEOC Issues Guidance on Mandatory COVID-19 Vaccine Programs and Permissible Vaccine Incentives-What Employers Need to Consider
6/3/21
By: John Bennett and Doug Blatecky
Although many businesses have not mandated that their employees get a COVID-19 vaccine, the EEOC’s recently released guidance confirms that federal equal employment opportunity laws do not prevent an employer from requiring employees physically …
Forum Selection Clause Dooms Subcontractor Suit
5/28/21
By: Ben Dunlap
The First Circuit Court of Appeals recently affirmed the dismissal of a subcontractor’s suit against a construction contractor, holding that the trial court correctly enforced the terms of the parties’ agreement as to where a lawsuit could …
Contracting by Design: Understanding the Spearin Doctrine’s Effects on Express and Implied Warranties in Construction Projects
5/27/21
By: Ryan Mayo
Owners, contractors, and subcontractors should be aware of the importance of detailing warranties in construction contract clauses. Failure to clearly state such warranties could result in a party’s liability for violation of implied warranties should litigation occur.…
Should I Stay or Should I Go?
5/27/21
By: Richard Smith
If I go there may be trouble, but if I stay it will be double…
These lyrics from the 80’s song by The Clash does a fairly nice job describing the dilemma that an insurance defense lawyer …
Trademark Battle Questions Meaning of “Beer”
5/27/21
By: Ben Dunlap
What is the difference between beer and bubbly water? This is not a riddle. The distinction features prominently in a trademark suit between Anheuser-Busch InBev and Constellation Brands pending in the Southern District of New York.
The …
Massachusetts SJC Expands Rights of Property Owners in Eminent Domain Cases
5/26/21
By: Marc Finkel
In a landmark ruling involving the rights of property owners under the Massachusetts “quick take” eminent domain statute (M.G.L. c. 79), the Supreme Judicial Court (“SJC”) recently determined that the “quick take” statute allows for a property …
“No Poach Approach”? Hostility Toward No-Hiring Provisions Continues To Grow
5/26/21
By: Justin Boron
Businesses should be wary of entering anti-poaching provisions with their competitors.
If there wasn’t enough evidence that these provisions create legal risk, a Pennsylvania Supreme Court decision at the end of April should finally pique the concern …