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 …
Waiver through litigation conduct found after challenge to arbitration
10/27/21
By: William Gildea
In LMH-Lane Cabot Yard Joint Venture v. Mass. Electric Construction Co., Unpublished (Suffolk County Superior Court Civil Action No. 2184CV02019) (Mass. Super. Ct. Sept. 22, 2021) (Ricciuti, J.), the Massachusetts Superior Court denied a Plaintiff’s application to stay arbitration after finding the Plaintiff waived its objection to …
Name, Image, and Likeness (NIL): The new business world of collegiate sports
10/13/21
By: A. Ali Sabzevari
NIL, which stands for name, image, and likeness, should now be a familiar term for anyone who follows college sports.
College athletes across the country are being offered marketing and sponsorship deals in exchange for large sums of …
Georgia’s new Uniform Mediation Act provides protections for private mediations
9/14/21
By: Robert E. Buckley
Georgia’s Uniform Mediation Act (“GUMA”), codified at O.C.G.A. § 9-17-1, et seq., went into effect on July 1, 2021 and applies to mediation proceedings entered into from that date. GUMA provides new protections and requirements for parties and mediators engaging in private mediation …
Massachusetts Supreme Judicial Court clarifies scope of the 2020 COVID-19 statute of limitations tolling order
9/9/21
By: R. Victoria Fuller & Diandra Franks
In Shaw’s Supermarkets, Inc. v. Margarita Melendez, the Massachusetts Supreme Judicial Court (the “SJC”) recently held that its 2020 COVID-19 statute of limitations tolling order tolled the statute of limitations for all civil actions, not just those actions for …
PA Supreme Court weighs novel doctrine of enterprise liability
8/25/21
By: Sean Riley
In the case of Mortimer v. McCool, No. 37 MAP 2020 (Pa. July 21, 2021), the Pennsylvania Supreme Court addressed a doctrine of piercing the corporate veil previously novel to Pennsylvania law, known variously as “single-entity,” “enterprise,” or “horizontal” liability. The matter arose out of injuries sustained by the …
Using a Picture That Someone Else Took – You Could Be Facing a Copyright Claim
6/4/21
By: Neil Hartzell
United States copyright law protects “original works of authorship fixed in a tangible medium and the protection is available to published and unpublished works.” The law is codified in Title 17 of the United States Code. The …
Trademark Battle Questions Meaning of “Beer”
5/27/21
By: Ben Dunlap
What is the difference between beer and bubbly water? This is not a riddle. The distinction features prominently in a trademark suit between Anheuser-Busch InBev and Constellation Brands pending in the Southern District of New York.
The …
“No Poach Approach”? Hostility Toward No-Hiring Provisions Continues To Grow
5/26/21
By: Justin Boron
Businesses should be wary of entering anti-poaching provisions with their competitors.
If there wasn’t enough evidence that these provisions create legal risk, a Pennsylvania Supreme Court decision at the end of April should finally pique the concern …
Determining Ownership In Premises Liability Cases
5/17/21
By: Brian Goldberg
There are fewer more important preliminary inquiries in a premises liability case than determining who owns the underlying land where a plaintiff was injured. Most of the time this is a simple inquiry. But sometimes disagreements may …
Cyber Insurance and the COVID-19 Pandemic
3/5/21
By: Matthew Jones
In light of the Covid-19 pandemic, various professions have changed their policies on working remotely. When the initial lockdown and quarantine process began, some companies were forced to begin working remotely to stay afloat. And even now …
Eleventh Circuit Denies Article III Standing Based on Future Harm from Data Breach
2/26/21
By: Matt Foree
The United States Court of Appeals for the Eleventh Circuit recently held that future harm from a data breach does not provide Article III standing to a plaintiff. By doing so, the Eleventh Circuit weighed in on the …