“No Poach Approach”? Hostility Toward No-Hiring Provisions Continues To Grow
5/26/21
By: Justin Boron
Businesses should be wary of entering anti-poaching provisions with their competitors.
If there wasn’t enough evidence that these provisions create legal risk, a Pennsylvania Supreme Court decision at the end of April should finally pique the concern …
Determining Ownership In Premises Liability Cases
5/17/21
By: Brian Goldberg
There are fewer more important preliminary inquiries in a premises liability case than determining who owns the underlying land where a plaintiff was injured. Most of the time this is a simple inquiry. But sometimes disagreements may …
Cyber Insurance and the COVID-19 Pandemic
3/5/21
By: Matthew Jones
In light of the Covid-19 pandemic, various professions have changed their policies on working remotely. When the initial lockdown and quarantine process began, some companies were forced to begin working remotely to stay afloat. And even now …
Eleventh Circuit Denies Article III Standing Based on Future Harm from Data Breach
2/26/21
By: Matt Foree
The United States Court of Appeals for the Eleventh Circuit recently held that future harm from a data breach does not provide Article III standing to a plaintiff. By doing so, the Eleventh Circuit weighed in on the …
Supreme Court Hears TCPA Case on Autodialer Definition
1/22/21
By: Matthew Foree
The Supreme Court of the United States recently heard an important Telephone Consumer Protection Act (“TCPA”) case concerning the statutory definition of “automatic telephone dialing system” (“ATDS”). Whether a person used an ATDS can be a basis for …
Supreme Court to Hear TCPA Case on Autodialer Definition
8/18/20
By: Matthew Foree
The Supreme Court of the United States recently announced that it will consider an important Telephone Consumer Protection Act (“TCPA”) case concerning the problematic statutory definition of “automatic telephone dialing system” (“ATDS”). Information about the case, Facebook, Inc. …
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …
6/16/20
By: Catherine Scott
It is a long-settled principle of contract law that an individual who seeks to recover damages under a broken contract will only be allowed to recover a figure sufficient to put that person in the place he or she would have been had the …
Finding Shelter from the Storm: SBA Issues New Guidance on Safe Harbors for PPP Borrowers
5/20/20
The safe harbor period for businesses that received the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) loans expired on May 18, 2020 after a 4-day automatic extension. That safe harbor provided that businesses that repaid loans …
Supreme Court to Hear Arguments Remotely, Including TCPA Constitutional Challenge
4/16/20
By: Matthew Foree
This week, the United States Supreme Court announced that it would hear oral arguments remotely for the first time in its history. The Court will hear oral arguments by telephone conference on certain dates in May in …
Georgia Supreme Court Overrules Precedent on Attorney’s Fees for Counterclaimants
4/8/20
By: Jake Carroll
Georgia law permits the award of attorney’s fees to a claimant where the party defending the claim has “acted in bad faith” in making the contract, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble …
Zoom Class Action Raises Privacy Concern with Favored Online Meeting Platform
4/2/20
By: Barry Miller
A class action filed March 30 alleges that the popular Zoom Video Communications platform is rife with privacy concerns.
That story has piqued the interest of the legal community, as Zoom has become the platform of choice …