FMG Education Law Blog Series: Special Education Issues Facing Schools in the COVID-19 Era
4/2/21
By: Candice Jackson and Tia Combs
** This is the inaugural post in Freeman Mathis & Gary’s new Education Law Blog, beginning with a series addressing special education topics. **
Part 1: “Basics of FAPE: The Cornerstone of Special Education …
Breaking – U.S. Supreme Court Narrowly Interprets TCPA Autodialer Definition
4/1/21
By: Matt Foree
As we have discussed previously HERE and HERE, the Supreme Court of the United States has been considering an important Telephone Consumer Protection Act (“TCPA”) case concerning the statutory definition of “automatic telephone dialing system” (“ATDS”) …
3/31/21
By: Isis Miranda
“If you take a rock and throw it through a window, then you don’t get coverage for [the] costs of fixing it.” An attorney representing one of the nearly 30 insurance companies being sued by Duke Energy …
EEOC 2020 Data Shows Increased Cost of Resolving Workplace Claims
3/30/21
By: Brenton S. Bean
The Equal Opportunity Employment Commission has released its 2020 enforcement statistics. These statistics are important because they show trends in the types of claims being brought by employees, as well as those which the EEOC chooses …
Does the Fourth Amendment Allow Community Caretaking?
3/26/21
A baby can be heard crying inside a residence for hours, and no one seems to be around.
An elderly lady does not show up for a planned dinner, the neighbors haven’t seen her all day, and …
3/26/21
By: Barry Miller
Notice provisions in claims-made policies are not subject to the notice-prejudice rule, according to a Kentucky decision applying the Restatement of the Law of Liability Insurance (“Restatement”).
Kentucky State University tendered a claim under its professional liability …
Police Reform Bill Begins Moving Through Congress
3/25/21
By: Andy Treese
The House of Representatives has passed H.R. 1280, the “George Floyd Justice in Policing Act of 2021,” a police reform bill with potentially sweeping ramifications for federal, state, and local law enforcement agencies. If enacted in …
The Third Round Of COVID-19 Relief And How It Could Impact Employers
3/19/21
By: Bill Catto and Brittany Kurtz
While most Americans are checking their bank accounts for a stimulus check, employers should be aware of the extensions and expansions of the latest COVID-19 legislation allowing for additional tax credits for voluntarily providing …
NYSDFS’s Cyber Insurance Risk Framework Responds to the “Urgent Challenge” of Managing Cyber Risk
3/16/21
By: Curt Graham
New York’s Department of Financial Services (“DFS”) recently issued its Cyber Insurance Risk Framework which details seven best practices for managing cyber insurance risk. The Framework can be found here. One of the primary drivers for …
SEC and FINRA Release 2021 Examination Priorities
3/15/21
By: Chad Weaver and Tyler Jacobs
On March 3rd, the SEC Division of Examinations announced their 2021 examination priorities. Earlier this year, on February 2nd, FINRA released a report of Examinations and Risk Monitoring to provide …
3/15/21
By: Tia Combs
As Kentucky looks to reopen its courts for jury trials on May 1, 2021, practitioners looking to brush up on their trial skills may want to take note of Skarupa v. Owensboro Health Healthpark, 583 S.W.3d …
3/12/21
By: Tom McCraw
The US District Court for the Southern District of Florida recently dismissed a complaint without prejudice because the plaintiff failed to allege distinct conduct by the multiple defendants. Instead, the plaintiff alleged facts concerning the defendants collectively, …