USLAW Member Legal Alerts

BEC Fraud Revisited

Posted May 25, 2022

Business Email Compromise (“BEC”) frauds have once again become a major threat for businesses. This method took a backseat to other more sophisticated scams for the last two years, but the scheme has been reinvigorated, once again taking center stage. The FBI issued a Public Service Announcement on May 4,… 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

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

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

Nebraska Supreme Court: Lack of “Mental Disorder” Stymies Delinquent Taxpayer’s Extended Redemption Claim

Posted May 20, 2022

Nieveen v. TAX 106, 311 Neb. 574 (2022). Tax sales are a common method for counties to recoup unpaid property taxes in Nebraska.  Each county places an automatic lien on property within its boundaries for any unpaid property taxes.  Neb. Rev. Stat. § 77-1901.  The county can then sell its… 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

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

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

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

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

S Corporation Inversion Using An “F” Reorganization

Posted May 14, 2022

Originally Published in the Nebraska CPA Magazine Pub. 4 2022 Issue 2. Many new business owners are excited by the flow-through treatment of income and loss as well as the self-employment tax savings that can be available to entities that elect to be taxed under Subchapter S of the Internal… 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

US Supreme Court to Hear FLSA Highly Compensated Employee Case

Posted May 4, 2022

On May 2, 2022, the United States Supreme Court granted certiorari in Helix Energy Solutions Group, Inc. v. Hewitt, a case that deals with the Section 13(a)(1) and 29 C.F.R. § 541.601 highly compensated employee exemption under the Fair Labor Standards Act. 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

Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims

Posted April 14, 2022

Iglesia v. BrotherhoodArizona Court of AppealsApril 12, 2022JSH Attorney: Patrick Gorman In cases alleging bad faith against an insurance carriers, policyholders will often sue employee adjusters or contractors (independent adjusters, engineers, experts) of the insurance carrier to keep the case out of federal court. In a legal sense, policyholders sue… 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

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

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

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

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

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

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

Ryan Younger Named A Managing Member Of QGT

Posted February 23, 2022

Quattlebaum, Grooms & Tull PLLC is pleased to announce that R. Ryan Younger has been named a managing member of the law firm.   Mr. Younger is located in the firm’s Little Rock office and concentrates his practice on complex business litigation, class actions and appeals.  His work in civil… 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

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