New Year’s resolutions for design professionals: negotiate new contracts carefully
1/20/22
By: Catherine Bednar
The start of a new year is an excellent time for design professionals to review and implement measures for avoiding and minimizing their potential exposure from liability claims. Below are some key contract issues to consider as …
PFAS and CERCLA – Potential Liability for Contractors
1/19/22
By: Alec D. Tyra
PFAS in Construction Materials
Per-and-Poly Fluoroalkyl Substances (PFAS) are a broad class of manmade, highly stable chemicals. PFAS exhibit both grease repelling (lipophobic) and water repelling (hydrophobic) properties due to their unique chemical structure. These …
More action on the apportionment front in Georgia
1/18/22
By: Bob Marcovitch
Since the time that the Georgia General Assembly enacted tort reform legislation in 2005, surely the most litigated element of the reforms put in place has been the provision for apportionment to non-parties that was contained in …
PFAS legislation in 2021 and impact in 2022
1/17/22
By: Alec D. Tyra
What Are PFAS?
Per-and-Poly Fluoroalkyl Substances (PFAS) are a broad class of manmade, highly stable chemicals. PFAS exhibit both grease repelling (lipophobic) and water repelling (hydrophobic) properties due to their unique chemical structure. By being …
Pennsylvania Superior Court clarifies standard for upholding exculpatory clauses
1/14/22
By: Sean Phelan
In the recent case of Keystone Specialty Services Co. v. Ebaugh, No. 1289 WDA 2020 (Pa. Super. Nov. 22, 2021 Olson, J., Nichols, J., and Collins, J.) (Op. by Collins, J.), the Pennsylvania Superior Court affirmed the …
SCOTUS Halts Vax Or Test Rule For Large Private Employers But Lets Health Care Rule Take Effect
1/13/22
In two opinions issued today, the U.S. Supreme Court put a hold on a federal rule requiring large employers to adopt a vaccine or test policy but allowed the Biden administration to enforce a similar rule applicable only to …
U.S. Court of Appeals rules that student “Snapchat bullying” is not a First Amendment protected activity
1/13/22
By: Kevin G. Kenneally
In the recent decision entitled Doe v. Hopkinton Public Schools, the U.S. Court of Appeals for the First Circuit rejected students’ contention that posting abusive and embarrassing video of another student online was protected speech. …
Eleventh Circuit clarifies standard of care for attorneys advising on unsettled areas of the law
1/12/22
By: Alyssa Wolf
A recent ruling in the Eleventh Circuit affirmed a decision of the Northern District of Alabama siding with a law firm sued for malpractice after not warning the client to cease behavior in an unsettled area of …
The preservation of appellate rights is critical to any trial
1/11/22
By Patrick Cosgrove, Esq.
In a rare trade secret appeal involving two competitors in the alcohol sale software business, the United States Court of Appeals for the Eleventh Circuit provided a not-so-subtle reminder to all attorneys that correctly preserving appellate …
The human resources impact of the Kronos ransomware attack
1/11/22
By: Chenee Castruita
The unique combination of COVID-19 and a drastic decrease in the workforce found more workers putting in overtime this holiday season. Unfortunately, millions of workers last month experienced a delay not only in their packages, but in …
FTC expands data security requirements for financial institutions with an update to the Gramm-Leach-Bliley Safeguards Rule
1/10/22
By: Kirsten Patzer and Courtney Mazzio
On October 27, 2021, the Federal Trade Commission (“FTC”) announced an update to the rules implemented by the Gramm-Leach-Bliley Act expanding the definition of “financial institutions” under the Financial Privacy Rule and requiring these …
Preparing for the end game when underwriting new credits
1/10/22
By: Travis Knobbe
Most financial institutions we have represented over the years make a fine-line distinction between loan officers and asset recovery officers. In many instances, this distinction makes sense. If a loan officer considers too openly the risk for …