California court holds that board diversity law violates equal protection
4/13/22
By: John Rubiner
On September 30, 2020, California Governor Gavin Newsom signed into a law a bill (SB 979) that required publicly held companies headquartered in California to include board members from underrepresented communities. The law further required that, by …
Kentucky’s Supreme Court examines the punitive damage “multiplier” in a case of first impression
4/12/22
By: Curt Graham
In cases involving punitive damages, courts often look to the ratio between punitive damages and compensatory damages when evaluating the constitutionality of the punitive damage award. This ratio is called the punitive damage “multiplier.” In a case …
Supreme Court clarifies “favorable termination” requirement for malicious prosecution claims
4/12/22
On April 4, 2022, the United States Supreme Court made it easier to bring a § 1983 claim for malicious prosecution by defining “favorable termination” to mean that the plaintiff’s underlying criminal prosecution ended without a …
Red flag: Ninth Circuit affirms summary judgment against football-related wrongful death claims
4/11/22
In Archie v. Pop Warner, No. 20-55081; CD CA 2:16-cv-06603, the Ninth Circuit panel unanimously affirmed summary judgment against chronic traumatic encephalopathy wrongful death claims by the estates of two former youth football players. The players …
Ohio Appellate Court reviews standard for claiming peer review privilege
4/6/22
By: Shafiyal Ahmed
In Stull v. Summa Health Sys., 2022-Ohio-457, the Ohio Ninth District Court of Appeals held that the Defendant Health System failed to establish that a physician’s residency file was privileged as a record within the scope …
Considerations for accountants in responding to a subpoena for client documents
4/6/22
By: Nancy Reimer and Lori Eller
When a CPA or its firm is served with a subpoena requesting a client’s tax or financial information, there are best practices and steps they should take prior to responding to the subpoena. Federal …
Five things California lawyers have to report to the State Bar
4/5/22
California lawyers have certain reporting obligations to the State Bar. These obligations are mandatory. The reporting must occur within 30 days of the event. Failing to report can lead to discipline, jeopardizing the lawyer’s law license. …
D.C. Circuit: The Second Most Important Court in America
4/5/22
By: Sun Choy
With the nomination of Judge Ketanji Brown Jackson to the Supreme Court, the United States Court of Appeals for the District of Columbia Circuit is in the spotlight once again. If confirmed, Judge Jackson will join Chief …
Updating Your California Employee Handbooks in 2022
4/4/22
Employee Handbooks protect employers from potential litigation. California has notoriously strict laws protecting employees; all businesses should regularly review handbooks for updates. If your business is based outside California, you should consider creating an addendum for …
Significant Changes for Federal Contractors Likely Coming Soon
4/1/22
By: Amy C. Bender
The U.S. Department of Labor has proposed the most sweeping changes to the regulations implementing the Davis-Bacon Act and Related Acts in 40 years. The Davis-Bacon Act requires the payment of locally prevailing wage rates and …
Protection of Private Information
3/30/22
By: Paul Boylan
The Supreme Judicial Court for the Commonwealth of Massachusetts recently confirmed what it means for something to be confidential. The case is In the matter of Attorney Michael J. Kelley, SJC-13145, March 16, 2022.
Kelley confirms the …
SCOTUS has granted certiorari in The Andy Warhol Foundation case
3/29/22
By: Patrick Eckler
The Supreme Court of the United States has granted certiorari in The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, et al., on the following question: Whether a work of art is “transformative” when …