Jackson Lewis P.C. • February 18, 2020
Millions of people across the globe use some type of wearable device that constantly captures data including health information, fitness levels, location, and much more. These devices, such as Fitbit and the Apple Watch, are often referred to as “wearables.” Experts estimate that over 300 million wearables are in circulation and that the number of wearables could increase 55 percent each year.
Goldberg Segalla LLP • February 11, 2020
Hackers have successfully hit at least five United States law firms within the past few weeks. Reportedly, the attacks are part of a coordinated effort potentially affecting nearly 200 victims in January alone. As if that were not frightening enough, the threat to law firms and to their clients, has magnified substantially in light of the type of attack now employed against law firms.
Goldberg Segalla LLP • January 31, 2020
At its simplest and most basic level, a professional malpractice policy for an attorney serves to insure against claims of malpractice. The devil is in the details, of course. In a recent decision, the Second Circuit affirmed a decision denying coverage to an attorney involved in a dispute over collection of his legal fee. The decision provides an interesting coverage lesson as well as a lesson about the sensitive nature of seeking to collect on a disputed fee.
Ogletree Deakins • January 20, 2020
In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee. The court reversed a district court’s decision in favor of an employer on the grounds that it had improperly limited the scope of discovery. The Sixth Circuit’s decision highlights that documentary evidence reviewed by decision-makers and/or about which they had knowledge will likely be found to be discoverable, and depositions of decision-makers and those who provided information to the decisions-makers during the hiring process will likely be found to be permissible.
Goldberg Segalla LLP • January 14, 2020
A recent decision rendered by the New York Appellate Division, First Department, on October 17, 2019, held that the lower court properly dismissed a legal malpractice complaint on the ground that documentary evidence established there was no attorney-client relationship.
Littler Mendelson, P.C. • January 08, 2020
Associate Matt Scherer, member of Littler’s Robotics, AI and Automation Practice Group and Data Analytics team, and Andrew Arruda, founder of Ross Intelligence, discuss how AI is being used in the practice of law, such as in legal research and contract review.
Jackson Lewis P.C. • March 17, 2019
If you have ever received a pre-litigation records request, then you may already know that such a request tends to be a harbinger of a lawsuit on the horizon. Plaintiff’s lawyers regularly use Labor Code provisions to obtain pay and personnel records, before a lawsuit has been filed.
Ogletree Deakins • March 07, 2019
The acronym SLAPP stands for “Strategic Lawsuit Against Public Participation.” A SLAPP lawsuit seeks to chill, dissuade, or punish a party’s exercise of constitutional rights to free speech and to petition the government for redress of grievances. The majority of states (at least 28) have adopted or recognized “anti-SLAPP” statutes enacted for the purpose of safeguarding individuals’ First Amendment rights.
Jackson Lewis P.C. • February 28, 2019
The evidence is in, the jury instructions are done, final trial motions have been made (and appeal points dutifully preserved), and it is time for the final argument, the holy grail of the trial lawyer. After months (if not years) of preparation, it is finally time to just argue, to tell the jurors what you think about the evidence and convince them to agree with your view of what is just and proper, right? Wrong.
Fisher Phillips • October 31, 2018
Most attorneys are well aware of statutory obligations that require private and governmental entities to notify individuals of data breaches that involve the loss or disclosure of personally identifiable information. An area that may be less clear, however, is what ethical obligations attorneys have to guard against data breaches involving client information and what steps attorneys must take when a data breach occurs.