Article
Kentucky Supreme Court Ends Pro-Insurer Streak In Bad Faith Cases
Insurers have had a nice streak of winning bad faith decisions from Kentucky's courts of appeal.
Freeman Mathis & Gary
- Article
Outbreak!: Why Insurance Claims Professionals Should Pay Attention To Monkeypox
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009.Freeman Mathis & Gary - Article
Keeneland Ass'n V. Prather: The Supreme Court Of Kentucky Reaffirms Utility Of The Farm Animals Activity Act
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...Freeman Mathis & Gary - Article
The Rule On Joint Representation Conflict Waivers For California Lawyers Has Loosened Up
Under the old rules of professional conduct attributable to California lawyers, whenever a lawyer represented more than one client...Freeman Mathis & Gary - Article
Connecticut Joins States Offering Businesses A "Safe Harbor" Against Data Breach Lawsuits
Connecticut has become the third state to pass a "Safe Harbor" statute offering protection to businesses who face civil lawsuits based on data breaches.Freeman Mathis & Gary - Article
Accounting For The COVID-19 Employee Retention Credit Limitation In Your Federal Tax Return
As we embark on another tax season, Americans from coast to coast will once again need to navigate a complex and ever-changing web of COVID-19 related law on their federal tax returns.Freeman Mathis & Gary - Article
Employers Must Engage In Good Faith Interactive Process With Employees Seeking Accommodation Or Risk Running Afoul Of The ADA
Practical tip for employers: understand the root of an employee's request for accommodation in order to effectively engage in the requisite interactive process.Freeman Mathis & Gary - Article
OSHA Suspends Covid-19 100 Employee ETS While Legal Challenges Play Out
It has been a very hectic and uncertain few days for employers trying to digest and prepare for implementation of OSHA's Covid-19 Emergency Temporary Standard.Freeman Mathis & Gary - Article
When Fido Becomes Family: Insurance Industry Is Impacted By New Trends In American Pet Ownership
The verdict is in: Americans view pets as family. 70% of American households (90.5 million families) own a pet, and 57% of millennials own a dog, some even choosing to have a fur family over a traditional family.Freeman Mathis & Gary - Article
In A First, U.S. Treasury Department Sanctions Virtual Currency Exchange
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)...Freeman Mathis & Gary - Article
California Implements New 2022 COVID-19 Supplemental Paid Sick Leave Law
On February 9, 2022, California's Governor signed Senate Bill 114 into law requiring employers with 26 or more employees (and some public entities) to provide up to 80 hours of supplemental paid sick leave...Freeman Mathis & Gary - Article
EEOC Updates COVID-19 Workplace Testing Rules: What Employers Need To Know
On July 12, 2022, the EEOC updated its "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws: Technical Assistance Questions and Answers" by ...Freeman Mathis & Gary - Article
The Eleventh Circuit Finds That A Qualifying "Excess Judgment" For Bad Faith May Be Based On A Consent Judgment, Rather Than A Verdict
In Erika L. McNamara, Willard F. Warren and Kenneth Bennett v. Government Employees Insurance Company, 2022 U.S. App. LEXIS 9090 (11th Cir. Apr. 5, 2022)...Freeman Mathis & Gary - Article
Arbitration V. Litigation: Dispute Resolution Considerations For Construction Professionals
An often-overlooked side effect of litigation, particularly in the construction industry, is the impact that it has on day-to-day operations.Freeman Mathis & Gary - Article
Employee Or Independent Contractor? The Connecticut Supreme Court Weighs In
On August 16, 2022, the Connecticut Supreme Court addressed what may constitute an enterprise's "usual course of business" under Part B of the three-part statutory ABC Test, Conn. Gen. Stat. §31-222, ...Freeman Mathis & Gary - Article
Music Shutdown: Georgia Gun Laws Shoot Down Music Midtown Festival
The annual Music Midtown music festival marks the end of summer for Atlantans.Freeman Mathis & Gary - Article
It's Time To Makeup For Your Wrongs: California's AG Declares First CCPA Enforcement Action Against Mega Retailer Sephora
On August 24, 2022, California Attorney General Rob Bonta issued the first-ever enforcement action under the California Consumer Privacy Act ("CCPA") against cosmetics retail chain Sephora.Freeman Mathis & Gary - Article
Transition Not Substantial Completion Starts The Clock: New Jersey Amends Statute Of Limitations For Homeowner And Condominium Association Construction Defect Cases
In 2017, the New Jersey Supreme Court, in Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., held that the statute of limitations for construction...Freeman Mathis & Gary - Article
3rd Circuit Finds Data Leaked On Dark Web "Shaming" Site Inferred A "Substantial Risk" Of Imminent Harm
The litigation battleground in class actions arising out of data breaches is almost always fought on Article III standing.Freeman Mathis & Gary - Article
The Human Resources Impact Of The Kronos Ransomware Attack
The unique combination of COVID-19 and a drastic decrease in the workforce found more workers putting in overtime this holiday season.Freeman Mathis & Gary
