Indemnification provisions merit attention when negotiating a contract or when facing litigation
2/7/22
By: Robert Buckley
Many agreements between parties contain indemnification provisions. While parties often focus their negotiations on the terms controlling the ultimate requirements for performance of the contract and the terms of payment, indemnification provisions merit attention and can also …
California Supreme Court clarifies the proper standard for whistleblower retaliation claims under Labor Code section 1102.5
2/4/22
By: Jaemie Paraon
On January 27, 2022, the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 must be evaluated under the framework prescribed in section 1102.6. Under section 1102.6, the plaintiff employee must first …
Unpublished Eleventh Circuit opinion affirms Florida excess insurance carriers’ “substantial compliance” with UM coverage requirement is sufficient to avoid liability
2/3/22
By: Jessica Cauley
On January 27, 2022, the Eleventh Circuit filed an unpublished opinion interpreting Florida law to the benefit of insurance carriers who provide umbrella UM coverage. The Circuit Court held that insurance carriers’ responsibility under Fla. Stat. 627.727(2), …
Hold your own darn liability
2/1/22
By: Joshua Ferguson
The Pennsylvania legislature seeks to adjust risk transfer between parties to snow and ice management services contracts. By a unanimous vote, the Pennsylvania House of Representatives approved the Snow Removal Limited Liability Act, House Bill 1665, sending it …
NYC employers must include salary range for open position postings beginning in April
1/31/22
By: Sean Phelan
In a recent development concerning New York employment law, starting in April 2022, New York City employers with four or more employees must include a “salary range” for a position in prospective job postings. The law, which …
New York’s 2022 Comprehensive Insurance Disclosure Act imposes sweeping changes to defendant insurance disclosure requirements
1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …
2022 International Data Privacy Day: Top Ways to Prepare Your Organization for Data Security and Privacy in the New Year
1/28/22
By: David Cole, Nick Jajko and Heather Kuhn
Each year on January 28th, the International Association of Privacy Professionals (IAPP) celebrates International Data Privacy Day. It was a day created to establish awareness about the importance of respecting privacy, …
SCOTUS to determine the rights of state Medicaid agencies to recover from future medical expense settlements
1/27/22
By: Cara Crecelius
Gallardo v. Marstiller was argued before the Supreme Court of the United States on January 10, 2022. The issue presented was whether the state of Florida’s Medicaid Agency was entitled to part of a settlement for …
New Jersey institutes new private cause of action for bad faith in UM/UIM claims
1/26/22
By: Megan P. Gable
On January 18, 2022 Governor Murphy signed into effect senate bill S1559, The New Jersey Insurance Fair Conduct Act (“IFCA”), instituting a private cause of action against insurance companies for possible extracontractual liability in the handling …
Takeoff of 5G service delayed near some U.S. airports
1/25/22
By: Nicholas J. Hubner
The largest airlines in the U.S. released a statement this week stating that the new 5G wireless service, if rolled out near airports, would interfere with aircraft technology and cause flight disruptions. The airline industry warned …
Important recent decision regarding personal jurisdiction over foreign corporations
1/24/22
By: Sean Phelan
In the recent Philadelphia County Court of Common Pleas matter, Knox v. Seven Seas Cruises, No. 525, August Term 2020 (C.P. Phila. Co. Aug. 21, 2021 New, J.), the trial court issued a Rule 1925 Opinion requesting …
Sea change: new laws eroding the landscape of noncompete agreements
1/21/22
By: Sean Riley
While 2021 brought major changes to the workplace with respect to mask and vaccination mandates, recent actions taken by federal and state legislatures suggest that even more changes are coming in 2022, one of which pertains to …