• LexBlog United States

Publisher:
LexBlog
Publication date:
2019-10-04

Latest documents

  • LawNext Episode 55: Utah’s Bold Experiment to Reimagine Legal Services

    In August, a Utah task force on access to justice issued a report that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.” Two days later, the Utah Supreme Court voted unanimously to approve the report’s recommendations, including...

  • What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?

    Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability. The ADA requires employers to provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation”...

  • Insurer Cannot Invoke Duty to Cooperate as Affirmative Defense After Denying Coverage

    In Dunn, et al. v. Columbia National Insurance Company, No. 2:17-cv-0246 (N.D. Ga.), an insurance company refused to defend an insured in a personal injury claim contending that the insured failed to cooperate in the defense. The underlying claim stemmed from an automobile accident, where an employee of Lawson Air Conditioning and Plumbing, Inc. (“Lawson”),...

  • New Delaware Chapter 11 Filing – Yueting Jia

    On October 14, 2019, Yueting Jia, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Lead Case No. 19-12220).  The Debtor reports assets in the range of $500,000,001- $1 Billion, liabilities in the range of $1,000,000,001- $10 Billion, and estimated creditors in the...

  • FMSB issues final statement of good practice on conflicts of interest

    On 14 October 2019, the FICC Markets Standards Board published a final statement of good practice on conflicts of interest. The main purpose of the statement is to provide fixed income currencies and commodities (FICC) market participants with guidance as they consider ways in which to identify, manage or mitigate conflicts of interest that arise...

  • The Revitalization of CIPA Claims in the New Age of “Smart” Speakers (Part II)

    Welcome back to our three-part series examining CIPA class actions and defenses. In Part I of this series, we provided an overview of CIPA and its recent resurgence in the age of smart speakers. Here, we review recent CIPA class actions and common violations. CIPA Finds New Life in the Wake of the “Smart” Devices ...

  • Should Protection of Personal Data Be Regulated Using A Property Model, Rather Than a Privacy Model? Probably Not.

    As public pressure increases on legislators to better protect the personal information that organizations collect, interest has grown in using a property framework, rather than the current privacy model. On October 1, U.S. presidential candidate Andrew Yang became the latest policymaker to advocate for a data security framework that treats personal information as property. Yang...

  • Source as yet unknown in England’s E. coli O157 outbreak

    Public Health England is investigating an E. coli O157 outbreak with people sick across the country. One infection is in a four-year-old child from Hampshire named as Isla Aspery who needed treatment at Southampton General Hospital after a trip to the Isle of Wight. Public Health England (PHE) South East and the Isle of Wight...

  • United States Implements Sanctions on Turkey and Raises Section 232 Steel Tariffs Again from 25% to 50%

    On October 14, 2019, President Donald Trump announced U.S. economic sanctions directed at the government of Turkey in response to Turkey’s military action in northeast Syria, “including but not limited to indiscriminate targeting of civilians, targeting of civilian infrastructure, targeting of ethnic or religious minorities, or targeting or other actions that undermine the continued counterterrorism...

  • Flying in Friendly Skies: An In-Depth Look at the FAA’s Unique Bid Protest Forum

    Federal contractors usually think of two bid protest forums: the Government Accountability Office and the U.S. Court of Federal Claims.  But another protest forum often flies under the radar: the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition — aka the ODRA. In a continuation of our blog post earlier this year, we take...

Featured documents

  • Naturopathic Scope of Practice

    Naturopathic scope of practice varies by state, sometimes including such practices as minor surgery and sometimes excluding such things as lab tests. On May 6, 2006 the Board of Naturopathic Examiners of Oregon State will host a day-long seminar examining legal and ethical issues in naturopathic...

  • More About Pryor

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  • Temporary Moratorium on Development In the Lake Tahoe Basin Is Not a Taking

    by Diane G. Kindermann and Robert T. Yamachika The United States Supreme Court on April 23, 2002 decided in Tahoe- Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002) that temporary, government-imposed development moratoria do not automatically amount to a regulatory...

  • Court Approves $27 Million Fee Award To Attorneys In Microsoft Benefits Suit

    Vizcaino v. Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002) In this class action, eight former “freelance” Microsoft workers alleged that the company had improperly deprived them of employee benefits, including participation in the Employee Stock Purchase Plan. Nine years after the case was filed,...

  • Court Upholds Unfair Competition Claims Arising From False Statements About Working Conditions

    Kasky v. Nike, Inc., 27 Cal. 4th 939 (2002) In a 4-3 decision, the California Supreme Court upheld claims filed against Nike pursuant to California Business & Professions Code Sections 17204 (unfair competition) and 17535 (false advertising). Acting on behalf of the California consuming public, ...

  • Redesigned VersusLaw

    Not long after its 1995 launch, Web research service VersusLaw adopted the slogan, “Revolutionizing the way America does law.” This was no exaggerated boast. In an era when online legal research still required expensive and cumbersome dial-up access to Westlaw and Lexis-Nexis, VersusLaw pioneered...

  • Employee Who Suffered Psychiatric Injury From Workplace Investigation Is Not Entitled To Workers’ Comp Benefits

    Northrop Grumman Corp. v. WCAB, 103 Cal. App. 4th 1021 (2002) Robert C. Graves filed a workers’ compensation claim for psychiatric injuries he allegedly sustained following an investigation into his alleged racial discrimination against a subordinate employee whom he supervised at Northrop Grumman. ...

  • E-mail encryption gets an upgrade

    For lawyers, encrypting e-mail should be simple and routine. In Pretty Good Update for E-Mail Privacy, Washington Post writer Kevin Savetz reports on the December release of a new version of Pretty Good Privacy, once the standard for e-mail encryption until Network Associates bought it in 1997 and...

  • Extra: The Blawgistan News hits the stands

    Fail to fire up your aggregator for a few days and you might as well be Rip van Winkle waking after years of sleep. So let me be the last to note the launch of The Blawgistan News. But who needs an aggregator when you have this site? These folks monitor the RSS feeds of......

  • Deputy Consul General Not Entitled To Immunity From Claims Of Domestic Servant

    Park v. Shin, 313 F.3d 1138 (9th Cir. 2002) Tae Sook Park sued Bong Kil Shin, the Deputy Consul General of the Korean Consulate in San Francisco, and his wife, Mee Sook Shin, for various employment-related claims arising from Park’s tenure as the Shins’ domestic servant. The Shins argued that they...