We’re trying something new this week with our Top 10. In an effort to be even more transparent about “what makes a blog post a Top 10 piece” we’re breaking things down a little further. Our Publisher Colin O’Keefe has three…
Continue Reading Top 10: Write to the medium, be proactive, think strategically
Latest Articles
Civil Litigation
Asbestos, a carcinogen responsible for thousands of American deaths annually, has often been found in consumer products like makeup, children’s toys and talcum powder. Yet, no one has been…
Continue Reading EPA Agrees to Require Reporting on Asbestos Use and Exposure Under TSCAThe Plaintiffs’ Bar continues to completely dominate Illinois and latest proof of this is a new law taking effect soon – prejudgment interest. Here are the main points to know…
Continue Reading Pre-Judgement Interest in Illinois
If ACS finds that there is no believable evidence that the abuse report is true, it will mark the report as “unfounded”. The report will be kept at the New…
Continue Reading HARASSING A TENANT WITH UNFOUNDED CHILD ABUSE COMPLAINTSVendor For Email Subscription Service For Tort Talk Being Changed — No Action Required On Your Part
I have been notified that Feedburner, the vendor that has provided the email subscription services for many years for Tort Talk, is being phased out.
With the help of an…
Continue Reading Vendor For Email Subscription Service For Tort Talk Being Changed — No Action Required On Your PartJudge Cote: College Textbook Publishers Did Not “Conspire” to Steer Universities to Requiring Digital Books
In a pair of opinions Monday, Judge Cote dismissed two putative class actions, one brought by college textbook retailers (opinion here) and another brought by students (opinion here)…
Continue Reading Judge Cote: College Textbook Publishers Did Not “Conspire” to Steer Universities to Requiring Digital BooksThe headline is somewhat misleading. There may have been deceit, but for Judiciary Law § 487 purposes, the deceit did not take place during a litigation. Pszeniczny v Horn
2021…
Corporate & Commercial
The report for the Mississippi Gaming Commission’s meeting held on June 17, 2021, can be reviewed by clicking here.
Continue Reading Mississippi Gaming Commission Posts Meeting Report for June 2021In a comment letter to the Securities and Exchange Commission on June 11, seven well-known tech companies responded to SEC Acting Chair Allison Herren Lee’s March 2021 request for public…
Continue Reading Tech Companies Come Together on Climate-Related DisclosuresNinth Circuit in Part Reverses Dismissal of the Google+ User Data Securities Lawsuit
In a very interesting June 16, 2021 opinion, the Ninth Circuit has reversed in part the district court’s dismissal of the privacy and cybersecurity-related securities class action lawsuit filed against…
Continue Reading Ninth Circuit in Part Reverses Dismissal of the Google+ User Data Securities LawsuitYou Really Got Me: Second Circuit Rules in Favor of Met Museum in Fair Use Case Involving Photograph of Van Halen
On April 2, 2021, the United States Court of Appeals for the Second Circuit ruled in favor of the Metropolitan Museum of Art when it held in a summary order…
Continue Reading You Really Got Me: Second Circuit Rules in Favor of Met Museum in Fair Use Case Involving Photograph of Van HalenCommercial Lease Disputes Becoming a Little More Frequent than “From Time to Time”
I think it’s fair to say that there’s been an uptick in litigation involving commercial lease disputes and retail property closings gone awry over the last 15 months. And for…
Continue Reading Commercial Lease Disputes Becoming a Little More Frequent than “From Time to Time”Given the massive wave of medical and adult use marijuana laws being passed across the country, the average person may think there is no longer any debate as to whether…
Continue Reading 9th Circuit Hears a New Attempt at Forcing the DEA’s Hand on Marijuana SchedulingEmployment & Labor
Special thanks to our summer associate Janice Lin for her contributions to this post.
The Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) saga is over. As predicted (see our blog here…
Continue Reading The Saga is Over: California Scraps Masks and Social Distance for Employees, Effective ImmediatelyThe last few weeks have been quite tense for California employers as they watched the drama unfold with the state’s Department of Industrial Relations’ Division of Occupational Safety and Health…
Continue Reading Cal/OSHA Amends COVID-19 Emergency Temporary Standards, Again.Some Things Never Change… Including, Apparently, T&Cs in Germany
With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way…
Continue Reading Some Things Never Change… Including, Apparently, T&Cs in GermanyWith the wide availability of COVID-19 vaccines and as COVID-19 cases continue declining, employers face questions as to returning workers safely to the workplace. In making these decisions, companies should…
Continue Reading Employer Considerations for Returning Employees to WorkTexas Supreme Court Finds Injured Contract Worker Was an Employee for Workers’ Compensation Purposes
The current prominence of the multi-entity workplace—where so-called “host” employers rely on third-party staffing agencies to perform various functions—makes a clear determination of statutory “employer” status critical in a variety…
Continue Reading Texas Supreme Court Finds Injured Contract Worker Was an Employee for Workers’ Compensation PurposesSeyfarth Synopsis: The DOL has waded into a long-simmering debate about whether audio recordings of phone calls between a plan participant and the plan’s administrator or insurer should be provided…
Continue Reading Audio Recordings Are Up for the Taking!