Protection of Private Information
3/30/22
By: Paul Boylan
The Supreme Judicial Court for the Commonwealth of Massachusetts recently confirmed what it means for something to be confidential. The case is In the matter of Attorney Michael J. Kelley, SJC-13145, March 16, 2022.
Kelley confirms the …
SCOTUS has granted certiorari in The Andy Warhol Foundation case
3/29/22
By: Patrick Eckler
The Supreme Court of the United States has granted certiorari in The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, et al., on the following question: Whether a work of art is “transformative” when …
Congress Imposes New 72-Hour Reporting Requirement for Cyber Security Incidents
3/28/22
By: David Cole and Heather Kuhn
President Biden’s promise to prioritize cybersecurity this year is beginning to take shape. On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act (“Cyber Incident Reporting Act”). …
Chubb unit beats virus coverage suit brought by NJ apparel company
3/25/22
By: Edward Solensky Jr.
In GK Trading LLC v. Chubb Group of Insurance Cos. et al., the Superior
Court of New Jersey dismissed an apparel company’s suit seeking to have a Chubb
unit cover its losses arising from the coronavirus …
U.S. Women’s Soccer Team’s pay discrimination settlement is a good reminder for companies to assess their compensation systems
3/23/22
By: William H. Buechner, Jr.
The U.S. Women’s National Team (“USWNT”) recently settled its highly publicized class-action lawsuit under Title VII and the Equal Pay Act against the U.S. Soccer Federation (“U.S. Soccer”). Under the terms of the settlement, the …
Florida Bad Faith: If Insurers Try Sometimes, They Just Might Find, They Get Summary Judgment
3/22/22
By: Matthew Boyer and Jessica Cauley
On February 15, 2022, the Eleventh Circuit filed an unpublished opinion interpreting Florida’s bad faith law arising out of the United States District Court for the Southern District of Florida. Ellis v. GEICO Gen. …
Another Step Toward Limiting Forced Arbitration: House Passes the FAIR Act
3/22/22
By: Margot Parker
Following President Biden’s recent signing of a bill ending mandatory arbitration of sexual assault and harassment claims accruing on or after March 2, 2022, the U.S. House approved the FAIR Act (Forced Arbitration Injustice Repeal) on March …
Can Parties Agree to Broad Appellate Rights of Arbitration Awards?
3/21/22
By: Warren D. Hutchison
The benefits of resolving civil disputes through binding arbitration are the subject of constant debate. The primary arguments favoring arbitration are that it is faster and cheaper than going to court, a “knowledgeable” arbitrator can decide …
The age of e-file: lawyers should use caution to avoid malpractice, meet deadlines in the age of technology
11/1/21
By: Marissa Dunn
E-filing has radically changed the way we practice law. No longer are the days of finding parking near the courthouse and waiting your turn in line for the clerk. So too has service by physical mail disappeared. E-service dominates in …
Keeneland Ass’n v. Prather: The supreme court of Kentucky reaffirms utility of the farm animals activity act
10/28/21
By: Tia J. Combs
Kentucky’s Farm Animals Activity Act (“FAAA”), KRS 247.401, et seq. acts to limit the liability of those engaged in farm animal activities by, inter alia, bars most claims by participants in farm animal activities …
Greater protections against wildfires are on the way
10/26/21
By: Matthew Jones
The California Insurance Commissioner recently proposed a plan titled the California Fair Access to Insurance Requirements Plan (“FAIR Plan”) to help ease the burden of homeowners in areas threatened by wildfires. The recent large wildfires throughout the …
Belmora seeks SCOTUS review for the second time in its cross-border trademark battle with Bayer over FLANAX.
10/14/21
By: Caitlin McQueen Tubbesing
Belmora LLC has petitioned for writ of certiorari to the Supreme Court for a second time in a decades-long trademark dispute between Bayer Consumer Care AG (Bayer) and Belmora over their use of the FLANAX mark for over-the-counter pain relievers sold in Mexico and …