9/11/19
By: Erin Lamb
A three-judge panel of the New Jersey appellate division has ruled that a trial judge, having presided over a successful legal malpractice trial, had no jurisdiction to award fees in a dispute between a law firm and …
Author: Sean Carroll
Saporous Naming Rights Protected
9/10/19
By: William Gildea
The Business Litigation Session of the Massachusetts Superior Court recently granted the prior owner of the registered trademark “Zuma” a preliminary injunction against a transferee’s decision to open a restaurant in Boston named “Zuma Boston.” B.B. Kitchen, …
Latest Study in Cybersecurity Awareness and End User Behaviors
9/5/19
By: Michael Kouskoutis
Cybersecurity awareness company Proofpoint recently published its fourth-annual Beyond the Phish report, which analyzes end-user behavior and employee knowledge on cybersecurity. Gathering from over 130 million data points across 14 categories, 16 industries and over 20 departments, …
9/4/19
By: Eric Martignetti
In the recent decision of Williams v. Boston Public Health Commission, the Massachusetts Appeals Court partly reversed the trial court’s dismissal of claims brought by the plaintiff against the Boston Public Health Commission (“Commission”).
The plaintiff …
Don’t Shoot the Messenger: Tips for Avoiding Claims of Negligent Contract Negotiation
9/4/19
By: Catherine Bednar
When negotiating on behalf of a client, an attorney focuses on obtaining the best possible deal, balancing the client’s needs and objectives against the other side’s demands as well as the limitations of the law. An attorney …
Georgia High Court to Rule on Damages Required for Data Breach Claims
9/3/19
By: Amy Bender
The Georgia Supreme Court soon will weigh in on the ongoing debate within the courts of when individuals may bring claims based on data breaches involving their personal information when they have not suffered any actual financial …
Breaking – Eleventh Circuit Holds No TCPA Standing For Receipt of Single Unsolicited Text Message
8/29/19
By: Matthew Foree
In Salcedo v. Alex Hanna, the U.S. Court of Appeals for the Eleventh Circuit has just issued a major decision holding that receipt of a single unsolicited text message does not establish standing under the Telephone Consumer …
California Attempts to Change Standard of Liability for Use of Force Claims
8/29/19
By: Sara Brochstein
Earlier this month, California enacted a new measure that goes into effect in 2020 altering the use of deadly force standard for law enforcement officers. The law was originally introduced in response to the March 2018 shooting …
8/26/19
By: Sean Riley
Pennsylvania recently became the first state in the country to enact clean slate legislation, which provides for the automatic sealing of non-violent misdemeanor criminal records for those who qualify after a set period of time. The law …
8/22/19
By: Jake Loken
Inviting individuals onto your property can lead to the invitation of a lawsuit. Generally, an individual injured on a landowner’s property could file a lawsuit against the landowner.
In Georgia, the legislature has carved out an exception …
Speak Now or Forever Hold Your Peace: Construction Claim Arbitration and Res Judicata
8/20/19
By: Catherine Bednar
The Supreme Court of Connecticut recently affirmed the Appellate Court’s determination that when a property owner and a general contractor enter into binding, unrestricted arbitration to resolve disputes, the subcontractors are presumptively in privity with the general …
8/19/19
By: Erin Lamb
An Eastern District of Pennsylvania judge ruled that the Philadelphia School District is immune from a lawsuit wherein a special education student was allegedly choked by his special education teacher. However, District Judge Gerald Pappert also ruled …