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  • 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...
    United StatesReal Estate and Construction
    Freeman Mathis & Gary
    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.
    United StatesTechnology
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Data Breach "Safe Harbor": Could New Jersey's Businesses Be Getting A Reprieve From The Onslaught Of Litigation Stemming From Data Breaches?

    Over the past several months, there have been numerous instances of significant data privacy breaches reported in the news.
    United StatesTechnology
    Freeman Mathis & Gary
    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.
    United StatesTechnology
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Indemnification Provisions Merit Attention When Negotiating A Contract Or When Facing Litigation

    Many agreements between parties contain indemnification provisions. While parties often focus their negotiations on the terms controlling the ultimate requirements for performance of the contract...
    United StatesCorporate/Commercial Law
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    President Biden Announces Vaccine Requirement For Private Employers

    On September 9, President Biden announced that the Occupational Safety and Health Administration ("OSHA") will develop an emergency rule requiring private businesses with 100 or more employees to ...
    United StatesEmployment and HR
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Squeezing Blood From Stones: An Introduction To Creditors' Rights

    Creditors' rights, practiced properly, is a truly unique intersection in the law. When I clerked with the Honorable William F. Stone, Jr., in the United States Bankruptcy Court...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    New Jersey Institutes New Private Cause Of Action For Bad Faith In UM/UIM Claims

    On January 18, 2022 Governor Murphy signed into effect senate bill S1559, The New Jersey Insurance Fair Conduct Act ("IFCA"), instituting a private cause of action against insurance companies...
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Georgia Supreme Court Upholds Its Stance On General Personal Jurisdiction… For Now

    For years, corporations throughout the United States were subject to broad general personal jurisdiction allowing plaintiffs to "forum shop" for a plaintiff-friendly jurisdiction.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Supreme Court Of Georgia Adopts Standard For Obtaining A Protective Order To Prevent The Deposition Of High-Ranking Corporate Executives

    The Supreme Court of Georgia granted certiorari in General Motors, LLC v. Buchanan on the question of "[w]hat factors should be considered by a trial court in ruling on a motion for a protective order under OCGA § 9-11-26...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Watch Your Step: New Jersey Tort Claims Act Summer Law Update

    The New Jersey Tort Claims Act remains a viable defense this summer for public entities, even for cases involving uneven boardwalks at the New Jersey shore.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    2022 International Data Privacy Day: Top Ways To Prepare Your Organization For Data Security And Privacy In The New Year

    Each year on January 28th, the International Association of Privacy Professionals (IAPP) celebrates International Data Privacy Day.
    United StatesPrivacy
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    NHTSA Probes Tesla Crashes Involving Motorcyclist Fatalities

    A recent article in Insurance Journal discusses how two crashes involving Teslas apparently running on Autopilot are drawing scrutiny from federal regulators and point to a potential...
    United StatesTransport
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Supreme Court Of Georgia Considers Standard For Obtaining A Protective Order To Prevent The Deposition Of High Ranking Executives

    The Supreme Court of Georgia heard oral argument last week in General Motors LLC v. Buchanan.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Maine Healthcare Workers Challenging Vaccine Mandate Cannot Proceed Under Pseudonyms

    The healthcare workers challenging the constitutionality of Maine's COVID-19 vaccine mandate can no longer litigate their claims anonymously after the First Circuit Court of...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith'

    In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge's Order denying an insured's motion to amend the complaint to allege "bad faith."
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    From Property Damage Disputes To Employment Disputes, How The Supreme Court's Decision In Morgan v. Sundance Impacts The Fate Of Arbitration Clauses

    On May 23, 2022, the Supreme Court published its decision in Morgan v. Sundance related to the Federal Arbitration Act
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Massachusetts High Court Holds That Attorney's Fees Awarded Under G.L. C. 93A Are Not Covered Under Commercial Liability Insurance Policy As Damages "Because Of Bodily Injury"

    Liability insurance policies do not cover G.L. c. 93A attorney's fees in Massachusetts after a recent decision from the state's highest court.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Right Result. Right Reason? Kentucky Federal Court Considers Questions Of Intent Under Different Parts Of An Insurance Policy

    Can the same conduct be unintentional, under a broad reading of the word "intent," and still be intentional under a narrower test? A recent opinion from a Kentucky federal seems to suggest that an insured...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    The Supreme Judicial Court Of Massachusetts Rules That Litigation Privilege Protects Attorney From Civil Liability In First Impression Case

    The SJC was tasked with determining whether the litigation privilege protected the attorney.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary

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