USLAW Member Legal Alerts

Daniel Holmander Receives 2023 NASS Medallion Award

Daniel Holmander was chosen to receive the National Association of Secretaries of State (NASS) 2023 Medallion Award.  Each year five individuals or organizations are recognized for their outstanding service and dedication to our state, especially in the areas of elections, civic education, and community engagement. Dan has been sharing his… Continue Reading

Zwilling to Present Webinar on Attorney/Client Communications

Carr Allison shareholder Melisa Zwilling is scheduled to present a free webinar on December 7 at 1:00 PM (CT). This webinar will discuss some steps that should be taken to ensure the attorney/client privilege is not inadvertently waived with regard to communications with counsel.  In addition, she will discuss some… Continue Reading

Immigration Fees Likely to Soar in Early 2024

Facing a stubborn backlog and an influx of immigrants seeking refuge, United States Citizenship and Immigration Services (USCIS) proposed a rule featuring a new fee schedule in January 2023. The proposed fee schedule includes sharp increases in fees for H-1B visas, green cards, and naturalization. USCIS has deferred the final… Continue Reading

Outsourcing – a transfer of operations?

The post Outsourcing – a transfer of operations? appeared first on BUSE. Continue Reading

Partner Vanessa Silke and Associate Hannes Zetzsche Published in USLAW Magazine

Baird Holm Partner Vanessa Silke and Associate Hannes Zetzsche co-authored the article, “Water Rights in Agricultural Transactions From Evaluation and Verification to Conveyance,” which was published in the Fall 2023 issue of USLAW Magazine. Read more about the best practices for due diligence associated with water rights that buyers, sellers,… Continue Reading

Super Lawyers Recognizes Seven CCTB Attorneys

Copeland, Cook, Taylor & Bush, P.A. proudly announces that Greg Copeland, Ryan Perkins, and Jason Bush have been honored as 2023 Mid-South Super Lawyers, while Ian Austin, Landon Kidd, Kyle Ketchings, and Ken Davis have been recognized as 2023 Mid-South Rising Stars by Super Lawyers magazine, which also named Ryan… Continue Reading

CFPB Fines Online Lender $15 million in a New Consent Order

Earlier this month, the Consumer Financial Protection Bureau (“CFPB”) leveled a $15 million dollar penalty against online lender Enova in connection with what the CFPB characterized as widespread illegal conduct. The order follows a 2019 order from the CFPB against Enova that resulted in a $3.2 million penalty. At issue… Continue Reading

Annual Breach Report

The information contained in this report is a summary of the data collected by a variety of sources regarding data breaches.  By studying the breach reports submitted to various government agencies we can draw conclusions surrounding breaches over the past year, including: the type of breaches being used by hacking… Continue Reading

Meta calls for Federal Privacy Legislation in Wake of Suit Alleging Its Violation of Children’s Privacy Law

Last month we covered the lawsuit brought by the attorneys general of thirty-three states against Meta for claims that its hugely popular social media platforms, Instagram and Facebook, violate the federal children’s privacy law, COPPA, as well as state laws pertaining to unfair and deceptive trade practices.  Over the last… Continue Reading

Preparation is key!

The post Preparation is key! appeared first on BUSE. Continue Reading

Palmer Selected for Alabama State Bar’s Leadership Forum

Carr Allison attorney Steve Palmer has been selected to participate in the 2024 Alabama State Bar’s (ASB) Leadership Forum Class 18.  Steve practices in Carr Allison’s Birmingham (AL) office where his focus is workers’ compensation litigation defense.  Steve is a graduate of the University of Alabama School of Law, Duke… Continue Reading

Local and State Employment Law Update: Settlement Agreements, Abortion-Related Services and Family-Leave Benefits

Certain states are prohibiting employers from entering into settlement agreements, while others have reduced family-leave insurance rates and prohibited employers from cooperating in any inquiry or investigation into an employee and abortion-related services. Read the full article to determine whether any of these laws apply to you. CALIFORNIA Under A.B.… Continue Reading

Super Lawyers Selects 15 From QGT For 2023

Quattlebaum, Grooms & Tull PLLC is pleased to announce that fifteen attorneys with our firm were recently named to the Mid-South Super Lawyers and Mid-South Rising Stars lists for 2023 by Super Lawyers.  Brandon B. Cate, Vincent O. Chadick, E. B. (Chip) Chiles IV, Joseph R. Falasco, Timothy W. Grooms, Michael B. Heister, Jeb H. Joyce, J.… Continue Reading

7 Carr Allison Attorneys Named to 2023 Super Lawyers® Rising Stars

Carr Allison is proud to announce that seven attorneys have been named to the 2023 Super Lawyers® Rising Stars list. Attorneys are selected as Rising Stars by a rigorous process of peer nominations, peer evaluations and third party research.  Eligibility for Rising Stars is subject to those 40 years old… Continue Reading

3 Carr Allison Attorneys Named to 2023 Super Lawyers

Carr Allison is excited to announce that three attorneys have been named to the 2023 Super Lawyers® list. Attorneys are selected as Super Lawyers® by a rigorous process of peer nominations, peer evaluations and third party research.  Congratulations!   Below is a list of attorneys included. Russell Allison (Birmingham, AL)… Continue Reading

by Sophia M. Brasseux, Esq. Virginia, along with several other states, has enacted laws in recent years directly responding to the increased prevalence of artificial intelligence (“AI”).  This past year the Virginia Consumer Data Privacy Act went into effect, giving consumers the right to opt out of profiling in furtherance… Continue Reading

Carr Allison Opens New Office in Auburn, AL and Welcomes Mark Toppen

Carr Allison is excited to announce the opening of our newest office, located in Auburn (AL). Our newest associate, Mark Toppen, will be providing expanded services for our clients in the Auburn area.  To learn more about Mark’s practice click here! The post Carr Allison Opens New Office in Auburn,… Continue Reading

Fine for data protection violation.

The post Fine for data protection violation. appeared first on BUSE. Continue Reading

AP&S Welcomes New Associates

We are proud to welcome Colten H. Erickson, Eric S. Mulvey and Gabriella M. Valentin to the firm. Colten H. Erickson is a member of the firm’s litigation group. His practice includes a wide array of civil matters, including complex business and commercial litigation, land use conflicts, and constitutional challenges.… Continue Reading

New Year’s Resolutions for Employers – Chicago’s New Leave Laws Effective 1/1/2024 – Webcast on 11/29 

On November 9, 2023, the Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance. Beginning on January 1, 2024, the new ordinance requires that all employers, with one or more employee, provide employees with 10 paid leave days. The new law is not only applicable… Continue Reading

Cliff McKinney Recognized In Arkansas 250

QGT Managing Member J. Cliff McKinney II has been named to the 2023 edition of the Arkansas 250, a special publication that celebrates influential Arkansans across business, politics, and nonprofits. Research for the list involved combing through the state’s various media outlets, meeting with executives and leaders from every region and each major… Continue Reading

Partner Jon Blumenthal Mentioned Among “Top Names in Omaha’s Commercial Real Estate Market” in RE Journals Article

See below for RE Journals’ recap of this year’s Omaha Commercial Real Estate Conference where Partner Jon Blumenthal moderated the panel “Apartment Market Update & Forecast.” The key word during Omaha Commercial Real Estate Conference? Resiliency The post Partner Jon Blumenthal Mentioned Among “Top Names in Omaha’s Commercial Real Estate… Continue Reading

We Wish You a Merry Christmas!

The post We Wish You a Merry Christmas! appeared first on BUSE. Continue Reading

Chicago City Council Passes Sweeping Paid Time and Paid Sick Leave Ordinance – Effective January 1, 2024

Happy holidays…Not really. On November 9, 2023, the Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance. The new ordinance creates a confusing set of requirements for employers to navigate. Beginning on January 1, 2024, the ordinance requires that all employers, with one or more… Continue Reading

Kristin Matsko Featured in RI Foundation’s Fall 2023 Publication

The Rhode Island Foundation’s fall publication featured an article entitled, “The Unassuming Expert – Kristin Matsko, Esq.”  In this article Kristin discusses her 16-year career in trusts and estates law and her involvement in the RI Foundation’s Professional Advisory Council, which helps the Foundation with the charitable giving, endowment planning,… Continue Reading

Beyond the Diagnosis: Navigating Disability Accommodation in the Workplace - Insights from Wingra Redi-Mix v. LIRC

The Wisconsin Fair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability and requires that employers reasonably accommodate an individual with a known disability. Of course, not all disabilities are “known” – they may not be obvious or observable to an employer and they may not be… Continue Reading

Employees sick on vacation.

The post Employees sick on vacation. appeared first on BUSE. Continue Reading

Arizona Appeals Court Upholds Justification Defense Under A.R.S. § 13-409 And Remands For Sanctions Against City

Paz v. City of TucsonArizona Court of Appeals, Division II November 6, 2023 JSH Attorneys: Justin Ackerman & Ashley Caballero-Daltrey In an opinion on Monday, the Arizona Court of Appeals addressed a number of issues related to Arizona’s justification defense under A.R.S. § 13-409, including the proper jury instructions for… Continue Reading

Arizona Court of Appeals Holds that Notice of Claim Seeking $1,000,000 or Applicable Policy Limits Fails To State A Sum Certain

City of Mesa v. RyanArizona Court of Appeals October 31, 2023 JSH Attorneys: Justin Ackerman & Elizabeth B.N. Garcia In City of Mesa v. Ryan, No. 1 CA-SA 23-0154 (Oct. 31, 2023), the Arizona Court of Appeals reversed the denial of the defendant’s motion to dismiss which was based on… Continue Reading

Kathleen McCauley Appointed Chair of ACTL Virginia Committee

MRC shareholder Kathleen McCauley has been appointed chair of the Virginia Committee of the American College of Trial Lawyers. ACTL’s state committees are the backbone of the organization, performing work that includes the nomination of candidates for Fellowship and the organization of local outreach activities. Congratulations, Kate! The post Kathleen… Continue Reading

Adler Pollock & Sheehan Ranked by Best Law Firms®

AP&S has been recognized in the 2024 edition of Best Law Firms®, ranked by Best Lawyers®, regionally in 37 practice areas. Firms included in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be considered for this milestone achievement, at… Continue Reading

2024 “Best Law Firms” Ranks CCTB in 14 Practice Areas

Best Lawyers has released its fourteenth annual list of “Best Law Firms,” which ranks Copeland, Cook, Taylor & Bush, P.A. among the “Best Law Firms” in nearly every area of the firm’s practice. “These rankings – our first independently published rankings and 14th edition – serve as a true North… Continue Reading

JSH Ranked Nationally, Regionally in Best Lawyers’ “Best Law Firms” List

Jones, Skelton & Hochuli, PLC is pleased to announce that our Appellate practice has once again earned national recognition in the “Best Law Firms” rankings by U.S. News & World Report and Best Lawyers, while 15 of the firm’s practice areas were recognized in two locations at the regional level… Continue Reading

QGT Ranked In 25 Practice Areas By Best Law Firms®

Quattleaum, Grooms & Tull PLLC is proud to share that we are recognized regionally in 25 practice areas in the 2024 edition of Best Law Firms®, ranked by Best Lawyers®.  Firms included in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and… Continue Reading

John Tarantino Sits on Panel for IBM AI Innovation Day: Rhode Island

John will contribute to a panel discussion with other AI industry leaders at IBM’s AI Innovation Day: Rhode Island on Thursday, November 9, 2023, from 10:00am – 3:00pm at the CIC, Rhode Island Innovation Hub in Providence. IBM brings together a group of AI Industry leaders and trailblazers to provide… Continue Reading

Madalyn Goolsby Published in UA Little Rock Law Review

Madalyn J. Goolsby has authored an article for the Fall 2023 edition of the University of Arkansas at Little Rock Law Review. Her article “Filling the Gap: The Need for Legislative Action to Protect the Right to Record Police in the Age of Citizen Journalism,” argues that cities and states… Continue Reading

Filling the Gap: The Need For Legislative Action To Protect The Right To Record Police In The Age Of Citizen Journalism

Fall 2023 by Madalyn J. Goolsby | The streets of Louisiana were buzzing with excitement as Mardi Gras celebrations unfolded, but the atmosphere quickly turned chaotic when a brawl erupted. Among the parade-goers caught in the fray was Jacobi Cage, a twenty-year-old former high school athlete with no criminal record.… Continue Reading

Thank You For Being A Friend

A reflection on the changes to the rules governing the filing of amicus curiae briefs in the United States Supreme Court. Each new year typically comes with slight changes to the rules of appellate procedure, and 2023 was no exception. This year, the Supreme Court rolled out new rules for… Continue Reading

A.R.S. § 13-3620’s Reporting Requirements Do Not Apply Unless A Healthcare Provider Is Aware Of Past Or Present Abuse

Avitia v. Crisis Prevention and Recovery Inc.Arizona Supreme Court October 16th, 2023 JSH Attorneys: Justin Ackerman & Arcangelo Cella Arizona Revised Statutes § 13-3620(A) provides that a healthcare provider “who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense… Continue Reading

The Arizona Legislature’s Enactment of A.R.S. § 4-312(B) Abrogated Common Law Dramshop Claims

Torres v. JAI Dining Servs. (Phx.) Inc.Arizona Supreme Court October 16th, 2023 JSH Attorney: Justin Ackerman The Arizona Supreme Court held today in Torres v. JAI Dining Servs. (Phx.) Inc., that the constitution does not protect common law dram shop actions, and thus, the legislature, by enacting a statutory dram… Continue Reading

Kevin Fritz Receives the 2023 USLAW NETWORK O’Hagan Award

Lashly & Baer is proud of our attorney Kevin Fritz for receiving the 2023 USLAW NETWORK O’Hagan Award for his dedicated commitment to the USLAW NETWORK, Inc. organization. Kevin actively networks with other legal professionals from around the country to share the latest information in the transportation industry. He regularly… Continue Reading

Kate McCauley Selected to Faculty of VSB Professionalism Course

MRC shareholder Kathleen McCauley has been invited to serve a three-year term as a member of the faculty for the Virginia State Bar (VSB) Law School Professionalism Program.  Kate is among a group of Virginia State Bar members who are known for their high professional standards and have been invited… Continue Reading

Defense Victory for Barth and Vojas

On September 22, 2023, Lashly & Bear attorneys Michael Barth and Katherine Vojas obtained a defense verdict for their health care clients in the Circuit Court of the City of St. Louis. The case involved claims of academic medical practice and allegations that the Department of Ophthalmology failed to timely… Continue Reading

Two MRC Attorneys Receive Honor for Pro Bono Service

MRC attorneys Taylor Brewer and Katherine Schwieder have been recognized by the Virginia State Bar as Service Challenge Winners of the Get to 30! Pro Bono Challenge.  Taylor and Katherine gave 30 or more pro bono hours in service to others from July 1, 2022, to March 31, 2023. See… Continue Reading

Keely Duke Selected as 2023 Idaho Business Review Leader in Law

Idaho Business Review selected Keely Duke as a 2023 Leader in Law. The annual recognition focuses on professionals who demonstrate outstanding performance in leadership, mentorship, community service and other areas.  A committee carefully considered all nominees and selected 29 as Leaders in Law. Awardees hail from all over Idaho and are… Continue Reading

Unanimous Defense Verdict for Magrath and Brown

On August 8, 2023, Lashly & Baer attorneys William Magrath and Riley Brown obtained a unanimous defense verdict for their clients.  Plaintiff claimed the Defendants were medically negligent in not explicitly warning him to protect his numb limb from extremes of hot and cold after administering a popliteal nerve block. … Continue Reading

New Fraud and Abuse Safe Harbors Incentivize Expansion of Wellness Programs for Healthcare Workers

The Stark Law and Anti-Kickback Statute are the two principal fraud and abuse laws in the United States impacting the healthcare industry today. With little fanfare, Congress has expanded the categories of safe harbors for both fraud and abuse statutes by passing the Consolidated Appropriations Act, CAA, for 2023. These… Continue Reading

Best Lawyers 2024 Unveiled!

Duke Evett, PLLC is proud to have three lawyers listed in the 2023 editions of The Best Lawyers in America ® and the Best Lawyers: Ones to Watch in America. Featured 2024 Best Lawyers: Joshua S. Evett was recently selected by his peers in the 2024 edition of The Best… Continue Reading

Thank you to our Summer Interns!

A big thank you to our summer interns — Aiden, Brady, Jack, and Lilly.  Best of luck back at school.  Make us proud! Continue Reading

Fourteen CCTB Attorneys Recognized in The Best Lawyers in America 2024; Jim Moore Named “Lawyer of the Year”

Copeland, Cook, Taylor & Bush is pleased to announce that the following attorneys have been recognized in The Best Lawyers in America© 2024: Glen Bush (Energy Law | Oil and Gas Law) Greg Copeland (Bet-the-Company Litigation | Commercial Litigation | Insurance Law) John MacNeill (Litigation – Insurance | Personal Injury… Continue Reading

Eight MRC Attorneys Included in 2024 Edition of The Best Lawyers in America

A record number of MRC attorneys have been recognized by their peers. Best Lawyers®, the oldest legal rankings company, is pleased to announce the 30th edition of The Best Lawyers in America® and fourth edition of Best Lawyers: Ones to Watch®. Determined through Best Lawyers’ Purely Peer Review® research process,… Continue Reading

The Future of Telehealth – Part 3

This article is the third in a series by Lashly & Baer attorneys Scott A. Pummell and Riley J. Brown addressing various changes coming to the regulation of and access to telehealth services. In fact, the legal and regulatory boundaries of telehealth and remote medicine changed almost overnight as the… Continue Reading

Appeals from Summary Judgment Denial

Federal appellate practitioners are readily familiar with the principle that a district court’s order denying summary judgment is generally not immediately appealable. Instead, an appeal regarding the summary judgment denial must wait until a final judgment has been rendered.  This most often occurs after trial. But if the parties proceed… Continue Reading

Good Luck to Ryan McCormick!

Ryan McCormick is leaving Duke Evett to start law school at the University of Idaho College of Law.  Good luck, Ryan!  You will be missed. Continue Reading

Congratulations to Keely Duke for being selected to Super Lawyers again for 2023!

Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Their patented attorney selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers list each year. Congrats, Keely! Continue Reading

Glenn Taylor Inducted as Mississippi Bar Foundation Fellow

Shareholder Glenn Gates Taylor has been inducted as a Fellow of the Mississippi Bar Foundation. The Fellows designation is the Foundation’s highest honor. Only 10% of the lawyers in Mississippi are eligible for membership as a fellow. Fellows are selected for membership based not only on their excellence as a… Continue Reading

Six CCTB Attorneys Recognized By Super Lawyers

Copeland, Cook, Taylor & Bush, P.A. congratulates its Super Lawyers (Greg Copeland, Ryan Perkins, and Jason Bush), and Super Lawyers Rising Stars (Ian Austin, Landon Kidd, and Kyle Ketchings)! The post Six CCTB Attorneys Recognized By Super Lawyers appeared first on Copeland Cook Taylor & Bush. Continue Reading

New Faces of Justice: 2022 California Appellate Appointments

2022 was a banner year for appointments and elevations to California’s Courts of Appeal. The State’s new Chief Justice and newest Associate Justice of the California Supreme Court led the news, but Governor Newsom also filled a large number of vacancies on the intermediate appellate courts. With all this change,… Continue Reading

Appellate Oral Argument: The Ultimate Misnomer?

Justice William Bedsworth’s recent column, “Oral Argument: Better Than Oral Surgery,” packs a lot of meanings into the title’s last four words. (See The Recorder, 12/19/2022.) I suppose it might depend on viewpoint, you know, surgeon or patient, the condition in question, the complexity of the problem, and how direct… Continue Reading

IRS Guidance on New Research & Experimental Cost Capitalization: At What Expense?

Companies face the loss of a major tax break on research and experimental ("R&E") costs for 2022, absent Congressional action. Since 1954, Internal Revenue Code section 174 has allowed taxpayers to immediately deduct R&E costs. Effective January 1, 2022, the Tax Cuts and Jobs Act of 2017 ("TCJA") amended section… Continue Reading

Worth the Wait? CalPERS Regulation Will Define "Limited Duration" for Rehired Retirees

Key points: Limited duration for post-retirement employment will mean up to 24 consecutive months, with potential extensions up to 48 consecutive months, or longer with CalPERS' approval. The 24-month rule will also apply to time served by active employees appointed to upgraded positions or classifications for purposes of reporting "temporary… Continue Reading

Pay-to-Play Restrictions Expanded in 2023

Key Points Elected officials are now universally subject to the Levine Act, the primary California pay-to-play statute. Elected and appointed officials cannot accept or solicit a campaign contribution for 12 months following the date a decision is made concerning licenses, permits, land use entitlements, and certain contracts (Covered Proceedings) before… Continue Reading

IRS Issues 2023 Limits for Retirement Plans

On October 21, 2022, the IRS announced in Notice 2022-55 cost-of-living adjustments to the tax-qualified retirement plan dollar limits for 2023. Most of the applicable dollar limits currently effective for 2022 will increase substantially compared with prior years. Below is a summary of the limits that are generally relevant for… Continue Reading

Pandemic-Era Extensions for Presenting Government Claims to Public Entity Defendants Expired on October 27, 2022

On October 27, 2022, Governor Gavin Newsom’s COVID-19 pandemic-related extensions of the deadline to present a government claim to a public entity under the Government Claims Act expired. In other words, a would-be claimant can no longer invoke the 120-day pandemic-related extension when presenting a claim. Background Government Code section… Continue Reading

Judicial Notice on Appeal (Part Two): Discretionary Subject Matter

Appellate courts have broad power when it comes to judicial notice, and that power is comprised of two types of matters: mandatory and discretionary. In the first part of this two-part post, I discussed matters that an appellate court must judicially notice. (See Judicial Notice on Appeal: Mandatory Subject Matter,… Continue Reading

Privacy Rights and Public Perception – What Didn’t Change in COVID

We came across an interesting article in Slate that highlights an example of one police department in Connecticut that sought to use drones to help flatten the curve in the early months of the COVID-19 pandemic—allegedly by using drones equipped with tools that could monitor compliance with social distancing guidance and potential… Continue Reading

Anti-Drone Technology at Professional Sports Stadiums

Anti-drone technology is now a basic security feature at many major league baseball (MLB) stadiums. Here is an interesting article on the Sports Illustrated website about the use of anti-drone technology to combat the growing problem of drones flying overhead during games. The Federal Aviation Association (FAA) has banned unmanned… Continue Reading

Drones and Local Government—a COVID Story

Here’s an interesting article from the New York Times about the use of drones to spray a sanitizing cleaning solution over seats at a spring training baseball stadium in Arizona.  Such UAS spraying technology already exists in the agriculture industry and so this is a simple hack for today’s COVID-influenced world.  So… Continue Reading

FAA Issues Final Rules On Operation Over People and Remote Identification

The hoverlaw blog has been dormant for a while.  But we are back!  When we last posted, the FAA had issued notices of proposed rulemaking regarding remote identification of unmanned aircraft systems (UAS) and UAS operation over people.  As of January 15, 2021, the two rules are now finalized.  The… Continue Reading

Remote Identification: The FAA Proposed Rule and Privacy

In our first posting of 2020, we covered the FAA’s Remote Identification of Unmanned Aircraft Systems notice of proposed rulemaking and promised that we would be blogging on the impacts of the proposed new rule. This is the fourth in a series of postings about the significance of the proposed new… Continue Reading

Bevan Publishes Story in USLAW Magazine on Auto Insurance Issues for Driverless Cars

Kent Bevan published a story in USLAW Magazine entitled, “When the Driver is a Computer: Addressing Auto Insurance Issues Surrounding Autonomous Vehicles.” “Driverless cars and autonomous vehicles are a common sight in futuristic science fiction movies, but now they’re becoming a part of present-day reality. In fact, the physical act of driving a car may… Continue Reading

Brumitt Delivers Construction Law Presentation

Lee Brumitt delivers a presentation to the American Society of Professional Estimators, “Dealing with Change and Delay on Construction Projects.” Continue Reading

Brumitt Delivers Construction Law Presentations

Lee Brumitt presented to the Kansas City Chapter of the National Association for Women in Construction on January 14. The presentation entitled “Preserving and Advancing Contractors’ Payment Rights” focused on federal, Missouri, and Kansas law and discussed tools and best practices to increase the likelihood of general and subcontractors receiving full… Continue Reading

New Prime, Inc. v. Oliveira: Independent Contractors Now Exempted Under the Federal Arbitration Act

By: Anne E. Baggott andBenjamin J. Stringer The U.S. Supreme Court recently decided a case with important implications for the transportation industry, New Prime, Inc. v. Oliveira. Under federal law, transportation companies can no longer compel its workers engaged in interstate commerce to arbitrate disputes.  However, state laws may still permit arbitration of… Continue Reading

Ketchum and Boe Receive Special Recognitions in “Super Lawyers”

Amanda Pennington Ketchum and Leslie A. Boe received special recognitions in this year’s edition of Super Lawyers: Continue Reading

Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed?

If you’re litigating a putative class action in federal court and get a class certification order that is adverse to your client (whether plaintiff or defense), you may petition to take an immediate appeal of that order.  Fed. R. Civ. P. 23(f). The petition to appeal must be filed quickly—within… Continue Reading

California Provides Defendants Additional Exemptions from Slack Fill Liability

In response to an ever-increasing number of class action lawsuits claiming consumer deception based on the amount of empty space in product packaging, California recently amended its slack fill statutes to provide manufacturers with additional exemptions to avoid liability. For those who are unfamiliar, slack fill is defined as non-functional… Continue Reading

Revisiting Alvarado: “Work Week v. Pay Period” Question Remains

“The California Supreme Court Modifies Its Opinion in Alvarado v. Dart  Container Corporation, 4 Cal.5th 542 (2018) only to leave open the ‘workweek v. pay period’ regular rate calculation question.” Things couldn’t get much worse for employers in the area of calculating the regular rate of pay – a complicated… Continue Reading

Recent Decisions on Statutory Immunities Under the California Tort Claims Act

The California Tort Claims Act (“Act”), California Government Code §§ 810, et seq., sets forth the basic principles of public entity tort liability.  Common tort claims against public entities relate to alleged injuries that occur on public property, such as a trip-and-fall on a public sidewalk alleged to be in… Continue Reading

Ninth Circuit Underscores The Importance Of Carefully Crafting Class Action Settlements

In Brown v. Cinemark USA, Inc., 876 F.3d 1199 (9th Cir. 2017), the Ninth Circuit considered an issue of first impression: whether it had jurisdiction to consider an appeal of an order denying class certification where the individual plaintiffs seeking to represent the class settled their individual claims. In Brown,… Continue Reading