Education Law

Appellate Opinion Reaffirms that Insurance Coverage Defenses such as Policy Exclusions are Not Subject to Waiver Under Georgia Law

FINRA’s $3 Million Dollar Fine Against Webull: A Reminder to Broker-Dealers of Due Diligence Obligations in Approving Accounts for Options Trading 

It’s About Time

Videos Don’t Lie: Illinois Appeals Court Revives Bodily Injury Lawsuit Based on Video Footage of Accident

Georgia Clarifies When an Exculpatory Clause will Apply to Preclude Liability

Real Estate Company Agrees to Settle Robocall Class Action for $40 Million 

Business and Legal Considerations for Nursing Homes: Bill of Rights, Fee-Shifting, and Damage Caps for Assisted Living/Long-Term Care Facilities Within FMG’s National Footprint

What Non-Union Employers Need to Know After NLRB Nixes Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements

Responding to a Growing Investment Advisor Industry

Supreme Court Limits Liability for Failure to Accurately Report Foreign Bank Accounts

Massachusetts Appeals Court Clarifies Scope of the Statute of Repose

The end of the Covid-19 public health emergency: impacts for hospitals, healthcare providers, and telehealth

To Arbitrate or Not to Arbitrate: That Is The Question

Supreme Court of Texas upholds order erroneously drafted by legal counsel as final judgment 

Overview of Midwest Sanitary, Inc. v. Sandberg, Phoenix, and Von Gontard, P.C.

Illinois Supreme Court Find BIPA Claims Accrue Upon Each Scan and/or Disclosure

Possible, Not Probable: Massachusetts Business Litigation Session Applies Broad Standard for Evidence Preservation

Massachusetts Appeals Court Rejects Double Taxation Argument

Florida Supreme Court Finds Appraisers Cannot Have Pecuniary Interest in Outcome of Appraisal

Buyers Beware: Massachusetts’s Supreme Judicial Court Upholds Oral Exclusivity Contract In Favor of Buyer’s Real Estate Agent

CHATGPT AND COVERAGE B: What Copyright Liability Exposures Could AI Users Face?   

California’s Attorney General Is Investigating Mobile Apps’ Compliance with the CCPA

Illinois Supreme Court Shifts BIPA Landscape with 5-Year Limitations Period Applicable to All Claims

New York’s 175-Year-Old Wrongful Death Statute Lives on

Scathing Text Message to Employee After Maternity Leave Leads Ohio Law Firm to Part Ways with Partner

The Power of Rule 11 to Punish Bad Faith Litigation Conduct 

FCC Proposes new reporting rules for the telecom sector in response to increased data breaches

Kentucky Adopts New Rules of Appellate Procedure

Class action alleges high levels of “forever chemicals” in Simply brand juice

ChatGPT: Has Artificial Intelligence Finally Defeated Alan Turing?

Eleventh Circuit Court of Appeals Issues New Decision on Transgender Bathroom Use; Splits with Fourth Circuit

Judicial Hellholes

Geotracking Regulatory Trend is Expanding to Employers

Congress Passes Pregnancy-Accommodation Statute and Updated Nursing Mothers Law: What Employers Need to Know

The FTC proposes rule banning non-compete agreements

Five States Set to Expand Data Privacy Rights in 2023

Massachusetts Appeals Court Confirms Escape Route from Premature Notice of Appeal

Consumer Practices of Real Estate Company Leads to AG Suits in Multiple States

The National Labor Relations Board Expands Available Remedies for Labor Violations

Maine’s Statutory Limits on Government Immunity from Negligence Claims

Important Takeaways From The Massachusetts Commission Against Discrimination’s Fiscal Year 2022 Annual Report

An Employer’s Primer on the Speak Out Act

Will Georgia Counties be Governed by Popular Vote?

Objectively False: Eleventh Circuit Highlights Importance of Body Cameras

Policyholders obtain rare wins in COVID-19 coverage cases against insurers

Feds Consider Carving Out Exceptions to the Buy America Act

Modular Construction Components: Claim and Defense Considerations

Is Time Rounding the Next Employment Practice to Fall in California?

Third Circuit finds no nexus between retailer’s mode of operation and water on store floor

FTX’s collapse and the push for centralized regulation of digital assets in the U.S.

Are we about to see the rise of the right to earn a living?

For the first time in more than two decades, Pennsylvania enacts new facility regulations for long-term nursing care.

First Circuit Court of Appeals Weighs in on ADA “Tester” Standing Split

California Further Expands Leave Rights for Employees Caring for Loved Ones

ALL ABOARD: TSA ISSUES NEW SECURITY DIRECTIVE TO TRACK  CYBERSECURITY EFFORTS BY THE RAIL INDUSTRY

“Quiet Quitting” and the Great Resignation: How Should Employers Respond? 

Police Training Reform Comes to Light in a California Courtroom

Storms and hurricanes: what can insurers do to improve outcomes for all on storm-related claims?

When it comes to Exclusions in Insurance Policies, Grammar will Make it Tense

California Court of Appeals Holds No Employer Liability for Hollywood Producer Whose Assistant Drowned at Social Event

The collision of The Onion and criminal prosecution creates perfect parody before the Supreme Court

With Greater Pay Transparency Reporting on the Way, California Employers Are Advised to Be Ready or Face Stiff Penalties

Seek, Never Hide: Massachusetts Federal Court Enters Rare Default Judgment for Plaintiffs After Defendants Fail to Comply with ESI Discovery Orders

I Now Pronounce You Joint Employers: The NLRB’s New Rule Would Expand Definition of Joint Employer

NHTSA probes Tesla crashes involving motorcyclist fatalities

Outbreak!: Why insurance claims professionals should pay attention to Monkeypox

California just enacted new law to increase the wages and standards for fast-food employees — and Opponents are already trying to stop it in its tracks

3rd Circuit finds data leaked on dark web “shaming” site inferred a “substantial risk” of imminent harm

Owners and contractors beware: Massachusetts Appeals Court strictly interprets the Prompt Pay Act

Employee or Independent Contractor? The Connecticut Supreme Court Weighs In

Connecticut Supreme Court finds that apportionment of prior owners of property following drowning death of minor is proper

Watch your step: New Jersey Tort Claims Act Summer law update

It’s Time to Makeup For Your Wrongs: California’s AG Declares First CCPA Enforcement Action Against Mega Retailer Sephora

Walmart Pregnancy Accommodation ruling puts pressure on Congress to act on The Pregnant Workers Fairness Act

From Viking River Cruises v. Moriana to Adolph v. Uber Technologies, Inc.: The Arbitrability Of PAGA Actions In California Continues To Shift

Two Carolina Courts Reject COVID-19 Business Interruption Claims

California Court of Appeal rules in favor of policyholder in COVID business interruption case

New tip credit rules hit PA restaurant and service industry employers

FINRA Seeks to Increase Control Over Expungement of Customer Dispute Disclosures

EEOC Updates COVID-19 Workplace Testing Rules: What Employers Need to Know

Maine Healthcare Workers Challenging Vaccine Mandate Cannot Proceed Under Pseudonyms

Music shutdown: Georgia gun laws shoot down Music Midtown Festival

Cyber insurance experiencing ‘Future Shock’

Massachusetts Supreme Judicial Court Holds that Food Delivery App May Enforce Arbitration Agreement Against Drivers

PENNSYLVANIA ATTORNEYS TAKE NOTE – A Voluntary Settlement Agreement May No Longer Bar A Legal Malpractice Action

New York’s New Sexual Harassment Hotline Could Lead To A Surge In Claims For Employers

Vega v. Tekoh: The Supreme Court Rules that a Violation of Miranda Rights Alone Does Not Give Rise to Damages Under 42 U.S.C. § 1983

Law Firm Ordered to Produce Client Communications Despite the Attorney-Client Privilege and Work-Product Doctrine

Massachusetts high court holds that attorney’s fees awarded under G.L. c. 93A are not covered under commercial liability insurance policy as damages “because of bodily injury”

Major Questions for Chevron Deference and Future Environmental Regulations: The Supreme Court in West Virginia v. EPA

Managing Construction Claims Risk In The Age Of Gen Z and The Great Resignation

The Supreme Judicial Court of Massachusetts Rules that Litigation Privilege Protects Attorney from Civil Liability in First Impression Case

Minnesota Just Made it Harder for Insureds to Claim ‘Bad Faith’

Pennsylvania Limits Risk Transfer for Snow and Ice Management Services

Massachusetts Appeals Court extends protections of the Statute of Repose

Supreme Court Clarifies Scope Of The “Transportation Worker Exemption” In The Federal Arbitration Act

Transition not substantial completion starts the clock: New Jersey amends statute of limitations for homeowner and condominium association construction defect cases

Coverage Doesn’t Stick in Teflon dispute

From property damage disputes to employment disputes, how the Supreme Court’s decision in Morgan v. Sundance impacts the fate of arbitration clauses

Persistent Risks and Regulations: New Health Advisories For PFAS

California Tort Law: Brown v. Taekwondo U.S.A. and the “no duty to aid” rule

Be Careful What You Post: Personal Jurisdiction in Internet Defamation Lawsuits

Supreme Court of Georgia adopts standard for obtaining a protective order to prevent the deposition of high-ranking corporate executives

Executive orders issued during the Covid-19 pandemic did not create an impossibility or cause frustration sufficient to shield restaurant owner from its obligation to pay rent

Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia

A month into recreational cannabis sales, NJ Employers still lack guidance on drugfree workplace enforcement

Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now

Massachusetts’ High Court Strikes Down Capital Gains Tax Levied Against Non-Domiciled Corporation on Statutory Grounds

Right result. Right reason? Kentucky federal court considers questions of intent under different parts of an insurance policy

Georgia Governor Reinstitutes Non-Party Apportionment

Changing Tides: WOTUS and the Jurisdiction of the Clean Water Act

The Connecticut Supreme Court finds that the “Litigation Privilege” extends to claims of “bad faith” based upon an insurers’ actions during litigation.

You Can’t Find Me Anymore: New Jersey Cracks Down on Employer Tracking

New York Comprehensive Insurance Disclosure Act Updates 2022

No more tears: Supreme Court rules damages for emotional distress are not recoverable under Title VI, Title IX, the Rehabilitation Act, or the Affordable Care Act

U.S. Supreme Court Addresses Parameters of Free Speech

Avoid These Practitioner Pitfalls When It Comes to Trade-Secret Misappropriation Trials

Employer overcomes religious-based challenge to vaccine mandate

Elon Musk’s planned purchase of Twitter reignites questions of open source code security

Res Ipsa Loquitur: The Massachusetts Appeals Court reverses Summary Judgment in favor of allowing “a chair” to speak for itself

Ohio Appellate Court addresses “Permanent and Substantial Deformity”

The Eleventh Circuit finds that a qualifying “excess judgment” for bad faith may be based on a consent judgment, rather than a verdict

Massachusetts High Court Issues Two Important Wage and Hour Decisions

Georgia Sparks Further Cannabis Debate

PAGA Manageability Requirement: A Split of Authority in California

New Bridge Projects Raise New Opportunities and Risk Considerations

Georgia legislature passes amendment to O.C.G.A. § 51-12-33 impacting apportionment of fault against non-parties in single defendant cases

California court holds that board diversity law violates equal protection

Kentucky’s Supreme Court examines the punitive damage “multiplier” in a case of first impression

Supreme Court clarifies “favorable termination” requirement for malicious prosecution claims

Red flag: Ninth Circuit affirms summary judgment against football-related wrongful death claims

Ohio Appellate Court reviews standard for claiming peer review privilege

Considerations for accountants in responding to a subpoena for client documents

Five things California lawyers have to report to the State Bar

D.C. Circuit: The Second Most Important Court in America

Updating Your California Employee Handbooks in 2022

Significant Changes for Federal Contractors Likely Coming Soon

Protection of Private Information

SCOTUS has granted certiorari in The Andy Warhol Foundation case

Congress Imposes New 72-Hour Reporting Requirement for Cyber Security Incidents

Chubb unit beats virus coverage suit brought by NJ apparel company

U.S. Women’s Soccer Team’s pay discrimination settlement is a good reminder for companies to assess their compensation systems

Florida Bad Faith: If Insurers Try Sometimes, They Just Might Find, They Get Summary Judgment