“Garbage in, garbage out” is a popular adage in the world of analysis. The general concept is that faulty inputs produce low-quality outputs. This is especially true when it comes to evaluating economic damages claims for...more
The Securities and Exchange Commission’s (the “SEC”) escalating focus on investment advisor compliance is continuing into 2022. In 2021, the SEC brought 159 enforcement actions against investment advisors or investment...more
Reasons for Optimism as Eleventh Circuit Revisits Hunstein and Doubles Down - In Hunstein v. Preferred Collection and Management Services, the Eleventh Circuit drastically altered the Fair Debt Collection Practices Act...more
In ES v Shillington, 2021 ABQB 739 [Shillington], the Alberta Court of Queen's Bench recognized the tort of public disclosure of private facts for the first time in Alberta. This decision expands remedies available to...more
In WM Morrisons Supermarkets plc v Various Claimants the Supreme Court today issued an important judgment clarifying the scope of vicarious liability of employers for the wrongful acts of their employees: Morrisons was found...more
The Federal Trade Commission (FTC) recently published a paper recapping its December 2017 Informational Injury Workshop. ...more
A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more
A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more
Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices...more
Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more
Recent reports surrounding Germanwings co-pilot Andreas Lubitz suggest that Lubitz told his doctors he was on sick leave (or was instructed by his doctors to be on sick leave), and concealed that he was still flying for the...more
In the New Year, one of the trade secret trends we’re watching is the ongoing tension between a company’s interest in preserving its proprietary information and the public’s demand to know more about the goods or services it...more
A California appellate court expanded the basis for a public disclosure of private facts claim in Ignat v. Yum! Brands, Inc....more
In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more