Civil Litigation

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On October 11, 2019, the Austin Court of Appeals upheld the denial of Alex Jones’ Texas Anti-Slapp motion in Alex E. Jones; lnfowars, LLC; and Free Speech Systems, LLC,  v. Scarlett Lewis, NO. 03-19-00423-CV (Austin COA Oct. 11, 2019). The gravamen of the lawsuit is that Jones intentionally inflicted emotional distress (IIED) on Scarlett Lewis by making statements implying Sandy Hook parents either lied about how their children were killed or that they were killed…
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The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance company to the plaintiff.  Bolt Factory Lofts Owners Association, Inc. v. Auto-Owners Insurance Company, 2019WL 3483901(Colo. App. 2019). In a 2016 lawsuit in Denver District Court, 2016CV3360, the Bolt Factory…
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On Wednesday, President Donald Trump signed two executive orders (titled Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication and Promoting the Rule of Law Through Improved Agency Guidance Documents) that require agencies to publish all informal guidance online and to limit its use in enforcement actions. In his Oval Office signing ceremony, the President defended the orders, arguing that “all too often, guidance documents are a…
As data breaches are seemingly reported on a daily basis, cybersecurity has emerged as a top enforcement priority for federal and state regulators and a key concern for companies of all sizes in a diverse range of industries. For example, compliance with federal cybersecurity regulations is required by nearly every government contract and the New York Division of Financial Services adopted a vast set of regulations that is applicable to all entities operating under NYDFS…
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Now the court deals with healing the strained relationship between the father, who was false accused of abuse, and the children. To get a better idea of the severity of the false accusations by the mother and some of her behavior which occurred during the trial, read the factual portion of this case. L.S. v. E.C., NYLJ October 04, 2019,  Date filed: 2019-09-03,  Court: Family Court, Bronx Judge: Judge Ariel Chesler, Case Number: 199451: “It…
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Justice delayed is far from ideal, but it’s better than life behind bars. This column is supposed to address the realities and absurdities of jury consulting as depicted in CBS’ “Bull.” But what’s an author to do when the episode has little to no actual jury consulting in the storyline? You dig deep and find something else to write about. So, this week, I’m addressing four scenes that piqued my interest. But first, a disclaimer:…
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This is a follow-up to our September 13, 2019 post discussing the DOJ guidance on corporate claims of inability to pay. On Tuesday, October 8, 2019, the Department of Justice provided guidance on how its prosecutors should evaluate claims of corporate poverty.  This comes on the heels of Deputy Assistant Attorney General Matthew Miner’s comments last month suggesting that further guidance on corporate poverty claims was forthcoming.  The DOJ’s memo sets forth a framework for…
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Here the mother falsely accused the father of sexual abuse of the 10 year old, one of the two children, the other being 7. L.S. v. E.C., NYLJ October 04, 2019,  Date filed: 2019-09-03,  Court: Family Court, Bronx Judge: Judge Ariel Chesler, Case Number: 199451: “The mother’s written summation argues she should be granted sole custody and the father given supervised visitation. In contrast, the father’s summation asserts the mother has alienated him from the…