Edible Bites Episode 9: Emerging Issues in Cannabis Privacy
The federal Corporate Transparency Act (CTA), effective January 1, 2024, whose constitutionality is currently being tested in the courts, follows in the footsteps of the IRC in that it creates a limited statutory exception...more
A longstanding and critical incident of a trustee’s fiduciary duty of loyalty is the duty to vigorously defend the trust’s very existence, as well as all its material provisions (hereinafter “existence defense”), unless it...more
California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more
Although the government usually has no duty to protect people from one another, on January 31, 2022, in Mears v. Connolly, No. 21-1148, the Third Circuit ruled that the government may be liable when the government itself...more
After operating in limbo for a little over two months, Medicare/Medicaid certified facilities across the country now know one thing for certain—the Centers for Medicare & Medicaid Services Interim Final Rule mandating health...more
In episode 9 of McGuireWoods' Edible Bites video webinar series, healthcare attorneys Kate Hardey, Royce DuBiner and Janice Suchyta discuss issues pertaining to cannabis and privacy laws, such as HIPAA and the California...more
FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more
When it comes to defining a security company’s obligations, words may speak louder than actions. On January 06, 2021, the Third District Court of Appeal issued its opinion in Margery Glickman and Fred Glickman vs. Kindred...more
The Massachusetts Supreme Judicial Court (“SJC”) has created an actionable duty of care of colleges and universities to helplessly intoxicated students. On July 27, 2020, the court held that, where a college or university has...more
A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more
• In his State of the State address, Governor Newsom proposed a “Data Dividend” that would apparently entitle Californians to compensation for the use of their data. If passed, it would be the first measure of its kind in the...more
The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more
Pennsylvania’s highest court recently issued a major decision that impacts employers and their storage of sensitive employee information in two important ways. First, the court imposed a new duty on employers to use...more
Recently, the Supreme Court of Pennsylvania issued a landmark decision in Dittman v. UPMC, 2018 Pa. LEXIS 6051 (Pa. Nov. 21, 2018) in which employers now have an independent duty to protect employee data from cyberattacks....more
In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...more
The Arizona Supreme Court recently held that a defendant that used asbestos materials in its workplace before 1970 has no duty to protect the public from secondary asbestos exposure. Arizona only recognizes a duty in a...more
A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more
Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...more
Failure to Intervene Against Harassing Customer Created Hostile Work Environment, EEOC Charged - CHICAGO - A federal jury has awarded $250,000 in compensatory damages to a former employee of Costco Wholesale, Inc. who...more
Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of...more
Motion to Withdraw — Meaning of Requirement to "Diligently Attempt" to Locate the Client: Caveman Foods, LLC v. Ann Payne's Caveman Foods, LLC, Civ. No. 2:12-1112 WBS DAD - Risk Management Issue: When a lawyer or law...more