ArticleUpdates To Kings & Bronx County Supreme Court ADR ProcessesKings Supreme has also started a new ADR Plan.United StatesLitigation, Mediation & ArbitrationLewis Brisbois Bisgaard & Smith LLP
ArticleTwo Year Statute Of Limitations Applies To Negligent Construction Defect Claims For Damage To PropertyA recent decision by the Supreme Court of Oregon - Goodwin v. Kingsmen Plastering, Inc. held that a claim arising out of alleged negligent construction must be brought within two years...United StatesReal Estate and ConstructionLewis Brisbois Bisgaard & Smith LLP
ArticleEquifax Agrees To New Data Security Measures In Consent Order With Eight State Regulatory AgenciesOn September 7, 2017, the consumer reporting agency Equifax announced one of the most highly publicized cybersecurity incidents in history, which may have exposed more than 143 million Americans'...United StatesTechnologyLewis Brisbois Bisgaard & Smith LLP
ArticleFourth Circuit Affirms Conviction And Sentencing Of Vessel Owner And Operator For Violations Of APPSOn May 7, 2018, the Fourth Circuit in United States v. Oceanic Illsabe Limited affirmed the conviction and sentencing of a vessel owner and operator for violations of the Act to Prevent Pollution from Ships (APPS).United StatesTransportLewis Brisbois Bisgaard & Smith LLP
ArticleSchool Bus Season - Fun Facts & Cautions For FallAs we enter the fall season, we can expect to see more snow, more holiday traffic, and more pumpkin spice items on the shelves.United StatesTransportLewis Brisbois Bisgaard & Smith LLP
ArticleA $10 Million "Advisory Verdict" And The Unpredictable Risks Of Going To TrialGoing to trial is always a risky decision, but it can be especially risky in the rural areas of Eastern Kentucky. Last month, a jury from Pikeville, Kentucky returned a $10 million...United StatesFood, Drugs, Healthcare, Life SciencesLewis Brisbois Bisgaard & Smith LLP
ArticleFINRA Arbitrators Issue $3 Million Dollar Sanctions For Failure To Comply With Discovery OrderA three-person FINRA panel in Miami ordered Morgan Stanley Smith Barney LLC to pay Puerto Rico bond investors $3 million in sanctions for failure to produce documents related to the termination of a broker.United StatesLitigation, Mediation & ArbitrationLewis Brisbois Bisgaard & Smith LLP
ArticleHands Off My Wages! Five Steps Employers Can Take To Comply With The Notice Requirements Of California's Wage Theft Protection ActCalifornia's Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. United StatesEmployment and HRLewis Brisbois Bisgaard & Smith LLP
ArticleSummary of Significant Retaliation DecisionsUnited StatesEmployment and HRLewis Brisbois Bisgaard & Smith LLP
ArticleTariff Refund System To Be Launched April 20, 2026U.S. Customs and Border Protection has announced that its tariff refund system will launch on April 20, 2026, allowing importers to claim refunds for duties invalidated by the Supreme Court's ruling on emergency tariffs imposed in April 2025. The new system will operate through CBP's CAPE functionality within the ACE system, with strict requirements and limitations on which entries qualify for the initial phase of refunds. United StatesInternational LawLewis Brisbois Bisgaard & Smith LLP
ArticleSovereign Immunity In Kentucky: A Two-Pronged AnalysisThe principle of sovereign immunity has existed since the inception of common law societies to protect the state from tort liability. In the United States, the government is immune...United StatesLitigation, Mediation & ArbitrationLewis Brisbois Bisgaard & Smith LLP
ArticleRussia-Ukraine Conflict Presents Business Issues And Concerns For US CompaniesRussia's incursion in Ukraine is likely to impair both U.S. and Ukrainian companies' performance of their respective obligations under agreements for the supply of goods and services in Ukraine. GlobalCorporate/Commercial LawLewis Brisbois Bisgaard & Smith LLP
ArticleCourt Rules That Website Did not Bind Consumers To Arbitrate Their ClaimsThe Second Circuit ruled that a consumer class action lawsuit against Amazon.com brought under the CPSA arising from the sale of a diet pill would be allowed to proceed in the federal court...United StatesConsumer ProtectionLewis Brisbois Bisgaard & Smith LLP
ArticleOregon Court Of Appeals: Manufacturers Are Liable For Asbestos-Containing Replacement Parts Sold By OthersIn McKenzie v. A.W. Chesterton Company, et al., 277 Or. App. 728, 2016 App. LEXIS 484 (2016), the Court of Appeals of Oregon reversed summary judgment in favor of defendant Warren Pumps, LLC...United StatesConsumer ProtectionLewis Brisbois Bisgaard & Smith LLP
ArticleCOVID-19 Response: Treasury Department Guidance On Small Business Loan Program: Well-Financed Borrowers Need Not ApplyThe Treasury Department released new guidance on April 23, 2020 regarding the Paycheck Protection Program (PPP) in an effort to curtail the fallout from news that publicly traded...United StatesCoronavirus (COVID-19)Lewis Brisbois Bisgaard & Smith LLP
ArticleIRS Guidance May Narrow Employers' Eligibility For COVID TaxThe IRS issued a Memorandum last month addressing when an employer may be considered to have experienced a full or partial suspension of operations during the COVID-19 pandemic in 2020...United StatesCoronavirus (COVID-19)Lewis Brisbois Bisgaard & Smith LLP
ArticleWork-From-Home: Five Tips To Avoid Overtime LiabilityBy now, the coronavirus pandemic has caused considerable disruption to most employers. In light of various restrictions imposed under various stay-at-home orders, many employers have been forced to adopt Work-From-Home...United StatesCoronavirus (COVID-19)Lewis Brisbois Bisgaard & Smith LLP
ArticleSixth Circuit Affirms Denial Of Broad Injunctive Relief Based On Franchisor’s “Unclean Hands” In Franchise DisputeAdding to case law addressing franchisor–franchisee disputes involving system departures and post-termination competition, the United States Court of Appeals for the Sixth Circuit issued its opinion...United StatesCorporate/Commercial LawLewis Brisbois Bisgaard & Smith LLP
ArticleFraudulent Concealment Of Prior Medical Treatment Proves CostlyRecently, New York Partner David L. Rosenthal secured the dismissal of spinal fusion case that came with a $3 million settlement demand, based upon the plaintiff's failure to disclose prior treatment.United StatesCriminal LawLewis Brisbois Bisgaard & Smith LLP
Article2025 South Carolina Labor & Employment Year End ReviewSouth Carolina continues to be an employer-friendly state. Generally, taxes are low, and it remains an at-will and right-to-work state. United StatesEmployment and HRLewis Brisbois Bisgaard & Smith LLP