In an important recent development in the legal landscape of consumer debt cases, an FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) putative class action lawsuit, the U.S. District Court for the Southern District of Alabama granted summary judgment in favor of a defendant third-party debt collector. This case revolved around…
The US Department of Labor (DOL) has undertaken an investigatory initiative centered around the serious issue of “insurability” under life insurance benefits, as highlighted in a recent news release. The problem herein lies in the failure to complete the process of confirming the evidence of insurability. The evidence of insurability can be described as the…
In an intriguing turn of events in international litigation, the U.S. Supreme Court recently ruled in the case of Yegiazaryan v. Smagin (available for review here), offering a new approach for foreign plaintiffs looking to collect on arbitration awards in the U.S. By employing the Racketeer Influenced and Corrupt Organizations Act (RICO), it can indeed…
Understanding the typical commercial property claims process can be a daunting task, especially in the midst of an already stressful situation. Such circumstances often arise from a convergence of natural, human, or mechanical errors. It goes without saying that swift action is crucial not only to alleviate dangers posed to your employees and customers, but…
The recent judgement by the District Court for the Central District of California has the finance industry on high alert. The court’s decision highlights the potential legal risks for payment processors and ancillary service providers who engage with potential bad actors in the financial industry. In a recent judgment, the District Court entered a ruling…
In a move poised to enhance the safety of pipelines and underground natural gas operations nationwide, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) declared on Aug. 2, 2023, the awarding of $64.4 million in grants to the states. Details of the development were recently released by the law firm McGuireWoods…
On June 27, 2023, a significant legislative shift occurred in the realm of employment law with the effectiveness of the Pregnant Workers Fairness Act (PWFA), impacting businesses employing fifteen or more individuals. The PWFA adds a fresh layer of protection for pregnant workers that are distinctly different from, and complimentary to, the benefits offered to…
On July 26, 2023, a pivotal joint compliance note (“JCN”) was issued by the U.S. Departments of Justice, Treasury, and Commerce. The issuance of this JCN revolved around detailing the voluntary self-disclosure (“VSD”) policies concerning potential violations of U.S. sanctions regulations, export control laws, and others tied to national security. This latest development, as detailed…
As with any public sector entity, local and state government bodies are increasingly grappling with the demands of managing eDiscovery in response to Access Requests and Data Subject Access Requests (DSARs). Evidently, sizable data management challenges coincide. State and local groups generate and store copious volumes of data, spread across a myriad of departments, committees…
In a prominent copyright case, the 9th Circuit Court’s Server Test has come under question, intensifying noteworthy debates within the legal profession. The case, Alexis Hunley, et al v. Instagram, LLC, seeks to scrutinize the breadth and legitimacy of this doctrine widely established by the 9th Circuit and subsequently challenged by various courts. The Server…
The recent emergence of IFRS S1 and S2 Sustainability Disclosure Standards by the International Sustainability Standards Board (ISSB) has caused a significant shift in global sustainability discourse. ISSB, which was established by the IFRS Foundation (IFRS), launched what could be considered a worldwide baseline of disclosure standards to foster consistent and understandable notifications on risks…
The Michigan Supreme Court’s ruling in Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012) have significant implications on the state’s premises liability law and the ‘open and obvious doctrine’. This doctrine rests on the principle that property possessors have no obligation to protect or issue warnings about dangers that are clear and…
A Federal Circuit panel focusing on allegations against 96-year-old Judge Pauline Newman has proposed a potentially significant outcome. They’ve recommended the suspension of Judge Newman from her duties for a period of one year. This decision comes as a direct result of the judge’s perceived lack of cooperation with the investigations into her mental fitness…
In a significant legal shakeup, the Supreme Court of Michigan has radically altered the premises liability law in the state and the associated open and obvious doctrine according to JD Supra. These changes, enacted on July 28, 2023, will have particular applicability in incidents regarding slips and falls. The decision in the case of Kandil-Elsayed…
The issue of counterfeit goods is typically associated with high-end luxury fashion labels like Prada, Louis Vuitton, Gucci, Hermes, and the like. Public perception often holds that these counterfeit products are peddled in shady alleyways or on suspicious websites, easy to spot and avoid for the discerning consumer. However, as a recent analysis by Rivkin…
Recently, the Federal Trade Commission (FTC) and Department of Justice (DOJ) presented drafts of their proposed new Merger Guidelines. The main purpose of these revisions is to reflect and respond to the realities of the modern economy. These proposed guidelines will offer a new set of overarching principles for the FTC and DOJ to implement…
In a significant ruling on July 28, 2023, the Michigan Supreme Court diminished the commonplace application of the ‘open and obvious doctrine’ in premises liability claim cases. Two prominent cases sparked this modification in the interpretation and application of premises liability law in Michigan. These cases, Kandil-Elsayed v. F & E Oil, Inc., and Pinski…
The recent actions taken by Arkansas Attorney General Tim Griffin and the Federal Trade Commission (FTC) serve as a stark reminder that pyramid schemes remain a live issue for law enforcement bodies, despite their relative age as fraudulent schemes. As stated in a recent report, the parties have reached a settlement with BINT Operations LLC…
Legal professionals should be aware that on October 4, 2023, at 2:20 p.m. Eastern Daylight Time (EDT), the Federal Emergency Management Agency (FEMA), in coordination with the Federal Communications Commission (FCC), will conduct a nationwide test of the Emergency Alert System (EAS). A test of the Wireless Emergency Alerts (WEA) will kick off two minutes…
This week marked a significant turn in workplace policies as conveyed by the National Labor Relations Board (“NLRB”). In a bid to reinforce employer work rules, the board has taken the initiative to introduce stricter standards. When challenged, the benchmark will help ascertain if such rules are “facially unlawful” in the purview of Section 8…
In a statement released on July 25, the California Department of Financial Protection and Innovation (DFPI) expressed a new viewpoint regarding the necessity of licensure under the California Money Transmission Act (MTA). The entity concluded that a company that only receives payment instructions, orders, or directions to transmit money or monetary value does not actually constitute…
Artificial Intelligence (AI) has sparked significant interest and witnessed rapid growth, thereby becoming a vital focus of technology transactions. Remarkably, the inherent standard acquisition agreement seems not to have matched the pace and demand of AI companies. These modern tech entities pose unique risks to potential buyers, risks that a standard transaction approach may fail…
Oregon Governor signed into law on July 27 the HB 2052, effective immediately, an Act that imposes registration requirements for data brokers. Under this regulatory provision, a “data broker” is prohibited from collecting, selling, or licensing broker personal data within Oregon unless they have registered with the Department of Consumer and Business Services first. As…
The educational sector and legal professionals alike should take note of the upcoming, highly relevant higher education Title IX coordinator training scheduled for August 31st and September 1st. Spanning over two days, from 2:00 pm to 5:00 pm EST, the program presents invaluable learning opportunities in the realm of Title IX regulations. The training is…
With mounting concerns about the ethical and responsible use of Artificial Intelligence (AI) in the legal profession, law.MIT.edu has formed a Task Force aiming to introduce measures to ensure factual accuracy, credible resources, valid legal reasoning, alignment with professional ethics, thorough due diligence, and responsible utilization of Generative AI for law and legal procedures. In…