USLAW Magazine Spring 2022 edition now available
What’s inside this issue? In the complimentary spring 2022 issue, you will find articles that address the… Continue Reading
USLAW Member Legal Alerts
Jennifer Martin Passes Bar Exam, Becomes Associate Attorney
Posted May 27, 2022
Jones, Skelton & Hochuli, PLC is pleased to announce law clerk Jennifer Martin has passed her Arizona bar exams and been named an associate attorney at the firm. Jennifer, who joins the firm’s Professional Liability, Bad Faith & Complex Litigation Defense Trial Group, first joined the firm as a summer… Continue Reading
John Tull To Present At Arkansas Bar Association Annual Meeting
Posted May 26, 2022
John E. Tull III will be a presenter at the Arkansas Bar Association’s 124th Annual Meeting in Hot Springs, Arkansas, June 15-17, 2022. John’s session, “The Intersection of Sexual Harassment Claims Under Title IX, Privacy and FOIA” will be on Friday, June 17. QGT is proud to once again sponsor… Continue Reading
Chicago Employers: New Policy Requirements and Expanded Sexual Harassment and Bystander Training Obligations Begin July 1, 2022
Posted May 26, 2022
Mayor Lori Lightfoot and the Commission on Human Relations (the “Commission”) recently amended and expanded the sexual harassment prohibitions set forth by the City of Chicago. The Ordinance provides for many changes—it (i) expands the definition of “sexual harassment;” (ii) expands the requirement for written policy documents; (iii) increases the… Continue Reading
Baird Holm Attorneys Eli Rosenberg, Hannes Zetzsche, and Vanessa Silke Co-Author the Article, “Advising Bank Clients about Cannabis: Due Diligence, Suspicious-Activity Reports, and Master Accounts,” for the American Bar Association’s Cannabis Law and Policy Committee Newsletter
Posted May 25, 2022
Baird Holm Attorneys Eli Rosenberg , Hannes Zetzsche, and Vanessa Silke co-authored an article for the American Bar Association’s Cannabis Law and Policy Committee Spring 2022 newsletter. The article titled, “Advising Bank Clients about Cannabis: Due Diligence, Suspicious-Activity Reports, and Master Accounts,” discusses the federal regulations that have long made… Continue Reading
Ryan J. McCormick Joins Duke Evett!
Posted May 25, 2022
Please help us welcome Ryan J. McCormick to Duke Evett. Ryan joins Duke Evett as an Office Assistant and can be reached at rjm@dukeevett.com. Glad you’re a part of our team, Ryan! Continue Reading
Connecticut Passes Consumer Data Privacy Law
Posted May 25, 2022
Connecticut has joined California, Colorado, Utah, and Virginia in passing a comprehensive consumer data privacy law that establishes obligations for businesses that collect and process the personal data of Connecticut residents. The Connecticut Data Privacy Act (the “Act”) was signed by Governor Ned Lamont on May 10, 2022. The new… Continue Reading
CFPB will Directly Supervise Fintech Companies
Posted May 25, 2022
In an aggressive expansion of its regulatory oversight of the financial services market, the Consumer Financial Protection Bureau (“CFPB”) announced last month its intent to use dormant authority within the Dodd-Frank Act to begin supervising non-banks (including fintech and crypto companies) that the CFPB has reasonable cause to determine pose… Continue Reading
Doobie Do’s and Doobie Don’ts: Cannabis Banking
Posted May 25, 2022
Hannes Zetzsche and Eli Rosenberg join host David Kramer for a wide ranging discussion on cannabis banking. This episode covers the legal treatment of cannabis on both the federal and state levels and what issues and challenges banks face in providing financial services to these businesses. Listen here. The post… Continue Reading
Baird Holm Attorneys Hannes Zetzsche and Vanessa Silke Author The Nebraska Lawyer Magazine Article “After AltEn Spill, Legal Claims Sink In”
Posted May 25, 2022
Baird Holm Attorney Hannes Zetzsche and Baird Holm Partner Vanessa Silke authored the article, “After AltEn Spill, Legal Claims Sink In,” for Volume 25 Number 3 of The Nebraska Lawyer. Learn more about the legal consequences that have followed the AltEn spill that occurred February 12, 2021, in Mead, Nebraska… Continue Reading
Filling Vacancies During the Great Resignation – Special Considerations for Health Care Entities
Posted May 24, 2022
As employers continue to face staffing issues, using independent contractors has become more common. Health care entities need to be mindful of the special requirements that apply to such arrangements. Continue Reading
Enforcing NDAs in International Transactions
Posted May 23, 2022
Article PDF By David Longinotti and Candra Jackson Non-Disclosure Agreements, or NDAs, are intended and designed to assure the confidentiality of shared proprietary information. Confidential information disclosed without an NDA in place raises the risk of misappropriation. This risk is especially heightened when dealing with foreign counterparties given… Continue Reading
Say Hello to Mitchell J. Kolberg!
Posted May 23, 2022
Mitchell Kolberg recently finished his second year of law school at the University of Idaho. He served as an associate editor for the Idaho Law Review over the past year and will assume the role of Business editor in the coming months. Mitchell has his eyes on civil litigation and… Continue Reading
Welcome, Patrick O’Neill!
Posted May 20, 2022
Duke Evett is pleased to announce Patrick J. O’Neill has joined our firm as a soon-to-be attorney. Patrick graduated from the University of Idaho College of Law in May 2022. At the University of Idaho College of Law, Patrick was on the Dean’s list and was a Presidential Scholarship Recipient. … Continue Reading
Arbitrator Disclosures: The Effects of Monster Energy
Posted May 20, 2022
When the 9th Circuit issued Monster Energy Company v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019), there was immediate concern over how far the decision would extend and how many cases it would spawn. The decision vacated an arbitral award in favor of Monster Energy. The court found… Continue Reading
Are the Federal Antitrust Laws Now a Weapon for Employee Rights?
Posted May 19, 2022
Perhaps flying under the radar of everyone except antitrust lawyers (and the employers who have been targeted), the Department of Justice (DOJ) has made a concerted push recently to use federal anti-trust laws as a tool to bolster workers’ rights, even going so far as to prosecute employers for alleged… Continue Reading
A Big Welcome to Lisa M. DeFalco!
Posted May 19, 2022
Duke Evett is pleased to welcome our new receptionist, Lisa M. DeFalco. Lisa can be reached at lmd@dukeevett.com. Welcome, Lisa! Continue Reading
Kevin Geyer and Blake Hallock Join Jones, Skelton & Hochuli in Utah
Posted May 18, 2022
Jones, Skelton & Hochuli, PLC is pleased to announce Kevin E. Geyer and Blake A. Hallock have joined the firm as associate attorneys in the growing Salt Lake City office. Kevin will handle a variety of general liability matters, including those in the automobile and general liability insurance industries. He… Continue Reading
JSH Partner Chelsey Golightly Admitted to Utah Bar
Posted May 18, 2022
Jones, Skelton & Hochuli, PLC is pleased to announce partner Chelsey Golightly has been admitted to practice law in Utah. She practices in the areas of general civil litigation and insurance and focuses her practice on defending clients in matters involving wrongful death and catastrophic personal injury, abuse and assault,… Continue Reading
Jones, Skelton & Hochuli Welcomes Three New Associates in Phoenix
Posted May 17, 2022
Jones, Skelton & Hochuli, PLC is pleased to announce it has welcomed Paul G. Davis, Michael R. Shumway, and Sara N. Tulane as associate attorneys in its Phoenix office. Meet each of the firm’s newest associate attorneys below. Paul G. Davis Paul focuses his practice primarily in the area of… Continue Reading
Local and State Employment Law Update: Sex Harassment and Discrimination, Salary Disclosure and Equal Pay
Posted May 13, 2022
Here are some of the latest state and local employment law updates for May 13, 2022. Continue Reading
Putting Your Business In A Strong Position To Defend Against Employment Discrimination Claims
Posted May 11, 2022
Many—if not most—employment discrimination and retaliation lawsuits involve a company’s decision (a) to terminate or otherwise discipline an employee or (b) not to hire a particular applicant. And the reason why the company made its decision is quite possibly the most important fact in the majority—if not all—of these cases. Continue Reading
Duke Evett Attends Boys & Girls Clubs Wild West Auction!
Posted May 6, 2022
Duke Evett is proud to have supported and attended this year’s Boys & Girls Clubs Wild West Auction for Kids. The Auction is held every spring and is one of the Treasure Valley’s premier events that raises critical operating funds for the Boys & Girls Clubs of Ada County. Bringing… Continue Reading
Jones, Skelton & Hochuli Promotes Six Partners
Posted May 2, 2022
Jones, Skelton & Hochuli, PLC is pleased to announce Kristin W. Basha, Anne Holmgren, John Lierman, Fernando C. Palomares, Ravi Patel, and Robert E. M. Smith have each been named partner, effective May 1. Meet each of the firm’s newest partners below. Kristin W. Basha Kristin is an attorney in… Continue Reading
David Vandergriff Reappointed To Arkansas Pollution Control & Ecology Commission
Posted April 7, 2022
David B. Vandergriff has been reappointed to the Arkansas Pollution Control and Ecology Commission by Gov. Asa Hutchinson. With guidance from the Governor, the Legislature, the Environmental Protection Agency (EPA) and others, the Commission determines the environmental policy for the state and the Arkansas Department of Environmental Quality implements those policies.… Continue Reading
Update on California's Latest Extension of COVID-19 Tenant Protections
Posted April 5, 2022
After over two years of statewide eviction moratoria in the forms of executive orders, Judicial Council rules, and legislation, California's eviction moratorium was scheduled to come to an end on March 31, 2022. However, on March 31, 2022, Lt. Gov. Eleni Kounalakis, serving as acting governor while Governor Gavin Newsom… Continue Reading
City of Salinas' Ordinance Violates Federal Religious Land Use Protections Because it Treats Theaters and Places of Religious Assembly Differently
Posted March 31, 2022
Key Points The U.S. Court of Appeals for the Ninth Circuit held that the City of Salinas's challenged zoning ordinance did not violate the "substantial burden" provision of the federal Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") but that it did violate the "equal terms" provision. New… Continue Reading
Appeals of an Arbitrator’s Determination on Injunctions
Posted March 31, 2022
California Code of Civil Procedure 904.1 is probably not a stranger to appellate lawyers who practice in California, as the statute provides a list of certain types of pre-trial orders from which an appeal may be taken. One of the categories of orders listed is “order[s] granting or dissolving an… Continue Reading
QGT Named Arkansas Firm Of The Year By Benchmark Litigation
Posted March 29, 2022
Quattlebaum, Grooms & Tull PLLC was named Arkansas Firm of the Year by Benchmark Litigation at the East Coast awards ceremony held March 24, 2022, marking the ninth time the firm has received this honor. A full list of the winners can be found here. The award selection is based upon… Continue Reading
Cliff McKinney Reports On 130th National Conference Of Commissioners On Uniform State Laws
Posted March 4, 2022
Quattlebaum, Grooms & Tull PLLC attorney J. Cliff McKinney II represented Arkansas at the 130th National Conference of Commissioners on Uniform State Laws in July 2021, and his report of the meeting can be found in the latest issue of The Arkansas Lawyer, the official publication of the Arkansas Bar… Continue Reading
A Report From The 2021 National Conference of Commissioners On Uniform State Laws
Posted March 4, 2022
Winter 2022 by J. Cliff McKinney II | “The Uniform Law Commission (ULC) held its 130th annual National Conference via a hybrid method of in-person meetings in Madison, Wisconsin, and virtual meetings through Zoom in July 2021. Arkansas was represented by its commissioners, David Nixon, John Thomas Shepherd, Cliff McKinney,… Continue Reading
New Masking Guidance for California Employers
Posted March 4, 2022
On February 28, 2022, the California Department of Public Health (CDPH) issued new guidance on the state's masking requirements to combat the COVID-19 pandemic. The key changes in the guidance show a post-Omicron variant and surge shift from mandatory masking, to a strong recommendation to mask in certain settings. In… Continue Reading
California Indoor Mask Mandate Update
Posted February 16, 2022
Effective Today, the California Department of Public Health (CDPH) will no longer require vaccinated individuals to wear masks in all indoor public settings under its updated Guidance for the Use of Face Masks (Updated Guidance). This effectively lifts the indoor mask mandate in most California counties, both where local officials… Continue Reading
Judicial Review Under the California Arbitration Act
Posted January 1, 2022
Under the California Arbitration Act (“CAA”), an adverse award is subject to judicial review. Any party may petition the superior court to either vacate or correct the award. (Code Civ. Proc. § 1285.) But in most instances, such review is limited by statute, and such petitions face a number of… Continue Reading
In Search of Appealability: The Collateral Order Doctrine
Posted November 16, 2021
When it comes to appealing in California’s state courts, the One Final Judgment Rule governs. Challenges to interim orders must await the final judgment. (Griset v. Fair Political Practices Comm’n (2001) 25 Cal.4th 688, 697 (appeal is taken from a final judgment disposing of all controverted matters); Knodel v. Knodel… Continue Reading
Judicial Notice on Appeal: Mandatory Subject Matter
Posted October 29, 2021
Judicial notice is a powerful tool for litigants to get factual matter in front of a court without a sponsoring witness or all the other burdensome requirements under the rules of evidence. If used properly, facts that are beyond dispute and other universally known facts can be firmly established in… Continue Reading
Privacy Rights and Public Perception – What Didn’t Change in COVID
Posted March 12, 2021
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
Posted March 5, 2021
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
Posted March 3, 2021
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
Posted February 24, 2021
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
Posted February 6, 2020
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
Posted April 2, 2019
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
Posted March 13, 2019
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
Posted January 29, 2019
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
Posted January 24, 2019
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”
Posted January 22, 2019
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?
Posted December 28, 2018
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
Posted November 27, 2018
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
Posted June 6, 2018
“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
Posted May 14, 2018
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
Posted March 6, 2018
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
Budget Trailer Bill 502 would expand DIR fines and agency notice requirements
Posted May 8, 2017
On March 17, 2017, the Department of Industrial Relations (DIR) submitted Budget Trailer Bill 502. Budget Trailer Bill 502 would provide changes to the existing contractor registration requirements, as well as changes to the requirement for agencies to provide the DIR with notice of pending public works projects, as initially… Continue Reading
New bill would expand design-build authority for local agencies
Posted March 24, 2017
A new bill, AB 851, was introduced in the California legislature on February 16 that would expand the scope of the design-build authority currently available to local agencies. If adopted, AB 851 would amend Public Contract Code sections 22161 to expand the definition of special districts that can utilize the… Continue Reading
Are P3s the answer to our infrastructure needs? NYT article raises concerns.
Posted January 24, 2017
This article by Griff Palmer in the NY Times Business Day section examines three P3 projects in the US, and compares the promises with some of the disappointments. The article provides a good overview of the significant issues that must be considered in order for a P3 to be successful… Continue Reading
New statute regarding public works claims
Posted January 4, 2017
A new set of requirements regarding contractor claims submitted on public works projects went in to effect on January 1, 2017. Public Contract Code section 9204 was adopted pursuant to AB 626, and will require most public agencies to revise their claims procedures. See the link below for a… Continue Reading
The protected bicycle intersection comes to Davis, CA
Posted August 12, 2015
Davis is the first city in California to install a protected bicycle intersection, which many cyclists believe is part of the necessary infrastructure to expand cycling to the general public. This article includes a great video explaining the benefits of the protected intersection. It will be interesting to see how Davis reacts… Continue Reading
UIM Insurer Allowed to Intervene After Initial Denial of Coverage
Posted July 20, 2015
Consumers Insurance Company provided underinsured motorist (“UIM”) coverage to Bradford Charles. Charles was subsequently injured in a motor vehicle accident with Christina Ranum. Charles’ attorney subsequently made a UIM claim on the Consumers UIM policy. Initially, Consumers denied UIM coverage, but subsequently determined that there may be UIM coverage under… Continue Reading
FMCSA Releases Crash Weighting Analysis And Seeks Public Input
Posted January 26, 2015
On January 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced through the Federal Register a study that examined (1) whether Police Accident Reports provide sufficient, consistent, and reliable information to support crash weighting determinations, (2) whether a crash weighting determination process would offer an even stronger predictor of… Continue Reading
New Eavesdropping Restrictions in Illinois
Posted January 6, 2015
On December 30, 2014, Gov. Quinn signed SB 1342 into law as P.A. 98-1142 (720 ILCS 5/14-1 et seq.); the measure puts new eavesdropping restrictions into place after the Illinois Supreme Court threw out the previous eavesdropping law last March. As a result of the March court ruling, all Illinois… Continue Reading
Missouri Court of Appeals Holds that Missouri’s Statutory Caps on Punitive Damages Do Not Apply in Wrongful Death Cases
Posted June 30, 2014
Recently, in Mansfield v. Horner, WD76310, 2014 WL 2724854 (Mo. App. W.D. June 17, 2014), the Missouri Western District Court of Appeals held that Missouri’s statutory caps on punitive damages do not apply to cases brought pursuant to the Missouri Wrongful Death Act. Under Section 510.265 RSMo, “punitive damages” are… Continue Reading
FMCSA Announces Proposed Rule For Electronic Logging Devices
Posted March 19, 2014
On March 12, 2014, the Federal Motor Carrier Safety Administration (FMCSA) announced its proposed amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) regarding Electronic Logging Devices (ELDs), formally known as Electronic Onboard Recorders (EOBRs). The American Trucking Association has announced its general support for FMCSA’s proposed mandate for the… Continue Reading