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 Supreme Court upholds its stance on general personal jurisdiction… for now
10/1/21
By: Tyler S. Connor
For years, corporations throughout the United States were subject to broad general personal jurisdiction allowing plaintiffs to “forum shop” for a plaintiff-friendly jurisdiction. In Daimler AG v. Bauman, 517 U.S. 117 (2014), the United States Supreme Court limited …
Caution to Contractors – How your subcontractor’s defective work can cost you in the Eleventh Circuit
9/30/21
By: Hannah-Kate Gosch
Are general contractors covered when the cost of repairing or removing a subcontractor’s defective work results in the loss of use of the tangible property which is not itself physically damaged?
The United States Court of Appeals …
In a first, U.S. Treasury Department sanctions virtual currency exchange
9/28/21
By: Ben N. Dunlap, Esq.
The U.S. Department of the Treasury’s Office of Foreign Assets Control’s (OFAC) on September 21, 2021, for the first time issued sanctions against a virtual currency exchange, SUEX OTC, S.R.O. (SUEX), for its role in …
Pennsylvania House of Representatives introduces anti-indemnity bill
9/23/21
By: Joshua Ferguson
The Pennsylvania House of Representatives introduced House Bill 1886, legislation amending Act 164 of 1970, which relates to Indemnification Agreements in certain contracts. Like Act 164, the bill itself appears to cover agreements between ”architects, engineers or surveyors and owners, contractors, subcontractors or suppliers.”
Beyond the …
IP malpractice mitigation: What IP practitioners should do to avoid claims, conflicts, and calamities
9/22/21
By: R. Victoria Fuller and Jessica Gray Kelly
Intellectual Property attorneys face malpractice risks unique to their specialty. Avoiding claims from clients and complying with the rules of professional conduct requires practitioners to exercise constant vigilance.
Understanding both the circumstances that tend to drive …
The rule on joint representation conflict waivers for California lawyers has loosened up
9/21/21
By: Gregory T. Fayard
Under the old rules of professional conduct attributable to California lawyers, whenever a lawyer represented more than one client, the safe protocol was to get an informed written consent from both clients to the joint representation …
U.S. to buckle down on crypto payments in ransom cyberattacks- A push against a booming criminal industry
9/21/21
By: Julia Bover
The Wall Street Journal reported last week that the Biden administration is “preparing an array of actions” to combat the ransomware epidemic by targeting the digital currency market as early as this week. Sanctions on cryptocurrency were …
Who can you blame? Georgia Supreme Court decision regarding apportionment sends shockwaves through the legal community.
9/20/21
By: Aaron Miller
The Supreme Court of Georgia on August 10, 2021 issued an opinion significantly limiting the apportionment statute in Georgia. The case, Alston & Bird, LLP v. Hatcher Management Holdings, LLC S20G1419, severely limits the situations in which …
Data breach “Safe Harbor”: Could New Jersey’s businesses be getting a reprieve from the onslaught of litigation stemming from data breaches?
9/16/21
By: Zachary E. Danner, Esq.
Over the past several months, there have been numerous instances of significant data privacy breaches reported in the news. From Facebook, who experienced a data breach affecting over 540 million users, to Microsoft, Capital One, …
Exculpatory clause in gym membership contract holds water in favorable NJ summary judgment ruling
9/15/21
By: Nicholas J. Hubner and William H Catto
The New Jersey Superior Court, Appellate Division, affirmed a favorable summary judgment ruling for the defendant Life Time Fitness, Inc. (“Life Time”) against plaintiff-gym-patron on plaintiff’s negligence claim, and refusal to grant …
Recent Court of Appeals decision highlights the specific requirements of Georgia’s ante litem notice statute
9/10/21
By: Amy B. Cowan
In recent years, the Georgia Court of Appeals has consistently held that Georgia’s municipal ante litem notice statute requires that any notice of claim served upon a city must contain the specific amount of monetary damages sought stated …