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 …
Congress Imposes New 72-Hour Reporting Requirement for Cyber Security Incidents
3/28/22
By: David Cole and Heather Kuhn
President Biden’s promise to prioritize cybersecurity this year is beginning to take shape. On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act (“Cyber Incident Reporting Act”). …
Chubb unit beats virus coverage suit brought by NJ apparel company
3/25/22
By: Edward Solensky Jr.
In GK Trading LLC v. Chubb Group of Insurance Cos. et al., the Superior
Court of New Jersey dismissed an apparel company’s suit seeking to have a Chubb
unit cover its losses arising from the coronavirus …
U.S. Women’s Soccer Team’s pay discrimination settlement is a good reminder for companies to assess their compensation systems
3/23/22
By: William H. Buechner, Jr.
The U.S. Women’s National Team (“USWNT”) recently settled its highly publicized class-action lawsuit under Title VII and the Equal Pay Act against the U.S. Soccer Federation (“U.S. Soccer”). Under the terms of the settlement, the …
Florida Bad Faith: If Insurers Try Sometimes, They Just Might Find, They Get Summary Judgment
3/22/22
By: Matthew Boyer and Jessica Cauley
On February 15, 2022, the Eleventh Circuit filed an unpublished opinion interpreting Florida’s bad faith law arising out of the United States District Court for the Southern District of Florida. Ellis v. GEICO Gen. …
Another Step Toward Limiting Forced Arbitration: House Passes the FAIR Act
3/22/22
By: Margot Parker
Following President Biden’s recent signing of a bill ending mandatory arbitration of sexual assault and harassment claims accruing on or after March 2, 2022, the U.S. House approved the FAIR Act (Forced Arbitration Injustice Repeal) on March …
Can Parties Agree to Broad Appellate Rights of Arbitration Awards?
3/21/22
By: Warren D. Hutchison
The benefits of resolving civil disputes through binding arbitration are the subject of constant debate. The primary arguments favoring arbitration are that it is faster and cheaper than going to court, a “knowledgeable” arbitrator can decide …
The 11th Circuit deals blow to Employer’s Liability exclusion finding ambiguities under Alabama law
3/15/22
By: Mallory Ball
In James River Insurance Company v. Ultratec Special Effects Inc., 2022 U.S. App. LEXIS 1120 (11th Cir. Jan. 13, 2022), the 11th Circuit Court of Appeals, applying Alabama law, determined the “any insured” language in the …
Insurer’s reasonable grounds to contest coverage overcome misstatements to an insured that did not deny liability
3/3/22
By: Lee Whatling
Last month, the Eleventh Circuit issued an unpublished, per curiam opinion reaffirming its interpretation of Georgia’s bad faith law that authorizes summary judgment “if there is any reasonable ground for the insurer to contest the claim” even …
California implements new 2022 COVID-19 supplemental Paid Sick Leave Law
3/2/22
By: Mandy D. Hexom
On February 9, 2022, California’s Governor signed Senate Bill 114 into law requiring employers with 26 or more employees (and some public entities) to provide up to 80 hours of supplemental paid sick leave for certain …