EnforceMintz — Some of 2023’s Largest FCA Resolutions Involved Stark Law...
The Physician Self-Referral Law — known as the “Stark Law” — broadly prohibits physicians from profiting from self-referrals for “designated health services” (DHS) payable by Medicare or Medicaid. For...
View ArticleJack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to...
In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called...
View ArticleHow Florida's Comparative Fault Laws Impact Premises Liability Cases
Premises liability cases are often hotly contested. The Plaintiff will typically claim that the property owner or manager is entirely responsible for any slip and fall that occurs on their premises....
View ArticleSEC Adopts Final Rules on SPACs, Shell Companies and Projections
The Securities and Exchange Commission (SEC) recently adopted final rules (available here; also see the fact sheet and press release) representing significant changes to special purpose acquisition...
View ArticlePermitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was...
Biamonte v. Biamonte, 219 A.D.3d 683, 194 N.Y.S.3d 553 (2d Dept Aug. 16, 2023) - The decedent driver had borrowed a vehicle from the defendant owner that had a malfunctioning gas gauge. The decedent...
View ArticleRepeated Lies Run up Big Tab for Trump in Defamation Case
A recent $83.3 million verdict against Donald Trump for continued defamatory statements underscores what would seem to be an intuitive best practice to minimize defamation liability: once a defendant...
View ArticleThe Covid-19 Presumptions: Are They Truly Gone?
For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88...
View ArticleEight Issues That Will Impact the Hospitality Industry in 2024
After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of...
View ArticleNY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or...
On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO)...
View ArticleMinimizing National Labor Relations Act Liability for Employers with...
Employers with a non-unionized workforce often mistakenly believe that they are not covered by the National Labor Relations Act (NLRA or the “Act”). The NLRA is most commonly known as the law that...
View ArticleInspecting Floors Every 15 Minutes May Defeat a “Constructive Notice”...
In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No....
View ArticlePrivate Credit Trends: Executive Compensation Considerations in Out-of-Court...
Retaining key management at a distressed company in the midst of an out-of-court restructuring can be necessary for the success of the restructuring. To realign incentives, private credit lenders need...
View ArticleOzempic, Wegovy, and the New Compliance Risks for Providers
Diabetes and obesity drugs have skyrocketed in popularity as of late. According to a report released by Trilliant Health in September 2023, healthcare providers in the United States wrote more than 9...
View ArticleDefendant Driver Succeeds on Summary Judgment Where there Was No Evidence of...
Glass-Hill v. Gordon, 2023 Wl 5202615, No. N21C-11204 (SPL) (Del. Super. Ct. Aug. 14, 2023) - This action involved a motor vehicle collision where the facts were not in dispute. It was agreed the...
View ArticleWho's Liable for Deepfakes? FTC Proposes To Target Developers of Generative...
Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new...
View ArticleFiduciary Liability Limitations Under Nevada Law Trigger Entire Fairness...
The Delaware Court of Chancery, in Palkon v. Maffei, et al., C.A. No. 2023-0449-JTL (Del. Ch. Feb. 20, 2024), determined that a reduction in the liability exposure of a fiduciary due to the conversion...
View ArticleNeurosurgeon’s Expert Opinions in Trial Against a Certified Registered Nurse...
Waechter v. Laser Spine Institute, LLC, 8th Dist. Cuyahoga No. 112022, 2023-Ohio-3715 - The plaintiff brought an action against a certified registered nurse anesthetist (CRNA), alleging she was...
View ArticleAI Gone Wild: Airline Has to Honor a Refund Policy Its Chatbot Fabricated
In a recent case brought in front of the Civil Resolution Tribunal (“CRT”) of British Columbia, Moffatt v. Air Canada, 2024 BCCRT 149, the CRT found in favor of an airline customer who relied on...
View ArticleFederal Contractors and Subcontractors May Want to Double-Check the Liability...
When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific...
View ArticleMerger and Acquisition Considerations for Employee Benefit Plans
In the context of mergers and acquisitions, an acquisition target’s qualified retirement plans, health plans, executive compensation arrangements, and benefit programs (referred to collectively as...
View ArticleExploring Wood-Framed Roof Collapses: Causation and Identifying Responsible...
AN OVERVIEW OF THE CAUSES OF ROOF FAILURE - Collapses of wood-framed roofs are frequently reported in North America, ranging from simple agricultural roofs to complex roofs in industrial buildings....
View ArticleStop Blaming the Parents! – The Scope of Parental Liability for a...
Misbehaving children? Blame the parents, right? Not so in the corporate context, at least according to Manhattan Commercial Division Justice Robert R. Reed in a recent decision, Memorial Sloan...
View ArticleBeyond the Palette: Issues in art disputes in the English Courts
Fine art is big business. The three most expensive paintings to have ever been sold – Salvator Mundi by Leonardo da Vinci, Interchange by Willem de Kooning and The Card Players by Paul Cézanne – have...
View ArticleASTM E1527–21 Is Now the Required ASTM Standard for All Appropriate Inquiries
As of February 13, 2024, ASTM E1527–21 is the required ASTM standard for All Appropriate Inquiries (AAI) in real estate transactions. Conducting AAI is required to establish the innocent landowner...
View Article10 Legal Issues for Nonprofit and Association Leadership in 2024
As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving...
View ArticleSuperior Court Re-affirms that an Adjacent Landowner Owes No Duty to Those...
Kistler v. Dietrich, 303 A.3d 168 (Pa. Super. 2023) - The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees...
View ArticleFrederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent...
Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a...
View ArticleMy Mom would say that, when it comes to PFAS, the Judicial Panel on Multi...
A little over five years ago, the Judicial Panel on Multidistrict Litigation gave Federal Judge Richard Gergel of South Carolina the burden of disposing of any cases “alleg[ing] that AFFF products used...
View ArticleDamages, Apportionment, Limitation of Liability, and Indemnity in...
In an earlier article, I summarized important procedural issues in Georgia construction arbitrations. In that piece, specific reference was made to situations where a non-signatory to a contract could...
View ArticleGDPR Risks, and the Need for Compliance, Keep Going Up
Compliance with the EU’s General Data Protection Regulation (GDPR) has long been a complicated, arduous task, but compliance officers can always start with one universal driver: your company’s GDPR...
View ArticleEU Cyber Legislation Puts Emphasis on Board Responsibility
What is a Management Body? Under both DORA and NIS2, a management body can be a body with managerial and/or supervisory functions. The powers and structure of management bodies vary within the EU...
View ArticleRare as a Dodo: Bifurcation in Business Divorce Trials
Jury trials in business divorce litigation are uncommon. Bifurcated business divorce jury trials are all but nonexistent. But in Aronov v Khavinson (81 Misc3d 1242(A) [Sup Ct, Kings County Feb. 9,...
View ArticlePalkon v. Maffei: Delaware’s Warning Shot to Controlling Stockholders Seeking...
In late February, the Chancery Court denied a motion to dismiss a stockholder lawsuit against the controlling stockholder and board of directors of TripAdvisor, Inc., seeking to enjoin a...
View ArticleConflicting Court Rulings on Subchapter V Eligibility Leave Small Businesses...
Two recent bankruptcy court decisions reflect a split of authority on subchapter V eligibility. In re Macedon Consulting Inc. finds that all future amounts due under an unexpired lease qualify as...
View ArticleCertification Denied in Proposed Class Proceeding Against Gun Manufacturer...
An Ontario Superior Court Judge has refused to certify a class action against the manufacturer of the handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto. The plaintiffs...
View ArticleMotion for Partial Summary Judgment of Regulator Manufacturer Denied
Court: Supreme Court of the State of New York, New York County (NYCAL) - Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to...
View ArticleInvestigations Newsletter: Deputy Attorney General Monaco Warns Industries:...
On March 7, Deputy Attorney General Lisa Monaco delivered the keynote remarks at the American Bar Association’s (ABA) 39th National Institute on White Collar Crime. She noted that artificial...
View ArticleA Look at What's to Come: Looming Changes to the Pennsylvania Statutory...
Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v....
View ArticlePremises Defendant’s Motion to Dismiss for Failure to State a Claim Granted
Plaintiff Marvin Evans was diagnosed with lung cancer in September 2022. Subsequently, the plaintiff sued a number of defendants in the Civil District Court for Orleans Parish, alleging that his lung...
View ArticleWhen Can a Government Official Limit Comments or Block Users on Social Media?
In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook...
View ArticleThe EU Corporate Sustainability Due Diligence Directive – March 2024 Update
Just when the corporate world was getting a handle on the Corporate Sustainability Due Diligence Directive (CSDDD), the goalposts have moved again. The CSDDD has faced a rollercoaster of revisions over...
View ArticleSignificant Legislative Changes for North Carolinians Injured in Car Accidents
Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance...
View ArticleBefore You Sign—Minimizing Medical Director Liability Exposure
Whether at a hospital, nursing home, surgical center or private office, physicians are encountering “Medical Director” opportunities more frequently than ever before. While physicians may be intrigued...
View ArticleEmerging Theories of Liability in the Internet of Things Era
The Internet of Things (“IoT”) has ushered in a new era of connectivity and convenience, but with it comes a host of legal issues and emerging theories of liability. As IoT devices become increasingly...
View ArticleObligations Extend Beyond Accepting Settlement Proposal
The vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The...
View ArticleExcess Insurer’s Policy Conditions Shield It from a Potential $10 Million...
Excess insurers facing claims should heavily scrutinize their policies for conditions that may be unsatisfactory —even if seemingly immaterial— because they can provide a complete defense to coverage....
View ArticleNew York Workers' Compensation Ruling Roundup - March 2024
On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to...
View ArticleChoosing the Wrong Business Structure: A Startup’s Death Sentence?
Starting a business is a thrilling journey filled with excitement, innovation and the promise of potential success. However, choosing the wrong business structure to reach your objectives can set your...
View ArticleTennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI...
Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human...
View ArticleFighting Early Obsolescence: New EU Directive Extends Liability Risks
On 6 March 2024, the EU published directive 2024/825/EU, intended to bolster consumer rights in the face of environmental challenges. The directive seeks to clarify companies’ liability concerning...
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