Unpaid FINRA Awards May Result in Tighter Membership Rules Governing Brokers and Member Firms
2/16/18
By: Theodore C. Peters
On February 8, the Financial Industry Regulatory Authority (“FINRA”) released a discussion paper: FINRA Perspectives on Customer Recovery, which openly addressed the reality that roughly one quarter of FINRA arbitration awards issued in 2016 were …
South Dakota Introduces Data Breach Notification Legislation
2/14/18
By: Kacie L. Manisco
On January 23, 2018, South Dakota’s Senate Attorney Judicial Committee unanimously voted in favor of introducing data breach notification legislation. Senate Bill 62 would require an “Information Holder,” i.e., a person or business conducting business in …
Leaked DOJ Memo Unearths New Strategy in Qui Tam Cases
2/13/18
By: Samantha L. Skolnick
On January 10, 2018, an internal Department of Justice memorandum (the “Granston Memo”) was leaked to the public, turning heads. The Granston Memo included an in-depth analysis of the DOJ’s position on evaluating dismissals pursuant to …
Beware The Egg Shell Plaintiff
2/13/18
By: Jared K. Hodges
Recently, a jury from a historically conservative venue in Georgia awarded $2.7 million to a man who claims he was injured in a 4 m.p.h. rear-end collision. This unusual verdict should serve as an expensive reminder …
Eleventh Circuit Rules Florida Strict Liability and Negligence Claims Not Preempted by the MDA
2/12/18
By: Robyn Flegal
A panel of the Eleventh Circuit determined in a February 8, 2018 published decision that a Florida district court erred when it ruled that a husband’s claims, brought against a medical device manufacturer after its Life Vest …
2/12/18
By: Jan S. Sigman
Many homes built in the metro Atlanta area in the past 20 years are located in subdivisions that have a homeowner’s association (HOA). In 1994, Georgia adopted the Property Owner’s Association Act. If an HOA elects …
Waymo v. Uber – Addressing the Stakes of Driverless Car Trade Secrets and Intellectual Property
2/12/18
By: Courtney K. Mazzio
The litigation surrounded a man named Anthony Levandowski, a former Waymo employee who took thousands of documents with him when he left Waymo in 2015 to pursue his own company. Uber purchased Levandowski’s company, giving Levandowski …
Florida Appellate Court Invalidates Local Minimum Wage Law
2/9/18
By: Melissa A. Santalone
A recent decision by Florida’s Third District Court of Appeal invalidated Miami Beach’s local minimum wage law, holding that a state statute preempted the local ordinance. In 2016, the City of Miami Beach enacted a local …
Cumis Counsel Limited: Insurer-Appointed Counsel Requires Actual Conflict of Interest
2/9/18
By: David G. Molinari
The California Third District Court of Appeals has ruled that the right to Cumis counsel, independent counsel paid by the insurer (San Diego Federal Credit Union v. Cumis Insurance Soc’y, 162 Cal. App. 3d 358 (1984))…
Are Your Facebook Job Postings Violating the ADEA
2/8/18
By: Brenton S. Bean
So say putative class action plaintiffs in the Northern District of California. See Communications Workers of America et al v. T-Mobile US, Inc., et al, Case No. 5:17-cv-7232 (N.D. Ca), filed Dec. 20, 2017. Plaintiffs …
Cybersecurity Deadlines Approaching for Banking, Insurance, and Financial Services Companies
2/8/18
By: David A. Cole
Businesses that are subject to the New York Department of Financial Services (“DFS”) cybersecurity regulations should be aware of upcoming compliance deadlines. Don’t be fooled—these regulations may apply to your business even if you’re not located …
Enhanced Privacy and Data Security Law on Tap for North Carolina
2/8/18
By: Paul H. Derrick
A bi-partisan privacy and data security bill will soon be rolled out in North Carolina, and its impact will be significant. North Carolina Attorney General Josh Stein and State Representative Jason Saine are co-authoring “The Act …