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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...

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Jack 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...

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How 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....

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SEC 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...

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Permitting 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...

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Repeated 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...

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The 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...

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Eight 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...

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NY 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)...

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Minimizing 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...

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Inspecting 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....

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Private 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...

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Ozempic, 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...

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Defendant 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...

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Who'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...

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Fiduciary 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...

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Neurosurgeon’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...

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AI 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...

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Federal 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...

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Merger 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...

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Exploring 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....

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Stop 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...

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Beyond 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...

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ASTM 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...

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10 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...

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Superior 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...

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Frederick 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...

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My 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...

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Damages, 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...

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GDPR 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...

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EU 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...

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Rare 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,...

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Palkon 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...

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Conflicting 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...

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Certification 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...

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Motion 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...

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Investigations 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...

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A 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....

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Premises 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...

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When 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...

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The 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...

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Significant 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...

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Before 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...

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Emerging 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...

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Obligations 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...

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Excess 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....

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New 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...

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Choosing 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...

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Tennessee 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...

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Fighting 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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