A client called recently and shared the challenging situation she is experiencing. A family member passed the previous month, and she was named the executor. Her relative did not have a list of their online accounts and passwords; they merely had a cheat sheet hinting as to what existed online. My client is now in the awkward position of collecting
“The decision presents an instructive example of how a reversal may be obtained, when a trial court’s alimony award is not supported by sufficient factual findings.” Appellate court reversals of trial courts’ alimony awards are rare. The determination whether to make such an award is highly fact-driven and, in most cases, the trial court will write an alimony decision that
If you have ever reviewed a severance agreement on behalf of an employee, you have likely come across a series of acronyms like ADEA, ADA, ADAA, GINA, FMLA, WARN, OWBPA and ERISA, just to name a few. That agreement likely required the employee to release all of these claims, and many others, in exchange for some consideration. But did you
In October, I posted a blog on my law firm’s website celebrating the fact that corporate America’s most recent attack against the Consumer Financial Protection Bureau (CFPB), a federal lawsuit challenging the constitutionality of the agency, had been defeated. While the DC Court of Appeals held that the CFPB’s director could be removed by the president at will, rather than
As of Dec. 1, 2016, via the power of a single search warrant, the FBI can legally hack into an unlimited quantity of computers well-beyond the judicial district where said warrant is issued. Th is new expansion of power is a function of the recently amended Rule 41 of the Federal Rules of Criminal Procedure. Rule 41 is a set
Irrespective of your political leanings, the Trump University class action is an interesting and unique case. It is also a good learning tool for one issue that comes up in nearly every consumer protection class action – reliance. In this article, we will explore the lawsuit, cutting through the political noise that surrounded it. The plaintiffs in the Trump University
In this issue, I will be addressing parentage actions related to children born out of wedlock. Actions to establish paternity are controlled by Tenn. Code Ann. §36-2- 301 et seq. In Tennessee, most actions to establish paternity are brought in the juvenile court. However, a petition to establish parentage can be brought in the circuit or chancery court, as the
Wells Fargo has come under immense pressure not only publicly, but politically and legally, for its scheme that caused over two million accounts to be opened in customers’ names without their consent. If you haven’t read about this, Wells Fargo had institutional goals and incentives in place that paid its retail banking employees substantial bonuses for opening new customer accounts.
A recent decision from the Ninth Circuit Court of Appeals has created turmoil for federal prosecutions involving the Computer Fraud and Abuse Act (CFAA). This decision raises more questions than it answers in an already nebulous area of law. What is the CFAA? The CFAA, which is set forth in 18 U.S.C. § 1030, imposes criminal liability on individuals who
The Department of Labor Occupational Safety and Health Administration (OSHA), issued new rules requiring employers to electronically submit injury and illness data to be posted to OSHA’s website. Under these rules, employers must establish a reasonable procedure for reporting this data, in a way that does not deter or discourage employees from disclosing work-related injuries and illnesses. This requirement axiomatically
A client called recently and shared the challenging situation she is experiencing. A family member passed the previous month, and she was named the executor. Her relative did not have a list of their online accounts and passwords; they merely had a cheat sheet hinting as to what existed online. My client is now in the awkward position of collecting
“The decision presents an instructive example of how a reversal may be obtained, when a trial court’s alimony award is not supported by sufficient factual findings.” Appellate court reversals of trial courts’ alimony awards are rare. The determination whether to make such an award is highly fact-driven and, in most cases, the trial court will write an alimony decision that
If you have ever reviewed a severance agreement on behalf of an employee, you have likely come across a series of acronyms like ADEA, ADA, ADAA, GINA, FMLA, WARN, OWBPA and ERISA, just to name a few. That agreement likely required the employee to release all of these claims, and many others, in exchange for some consideration. But did you
In October, I posted a blog on my law firm’s website celebrating the fact that corporate America’s most recent attack against the Consumer Financial Protection Bureau (CFPB), a federal lawsuit challenging the constitutionality of the agency, had been defeated. While the DC Court of Appeals held that the CFPB’s director could be removed by the president at will, rather than
As of Dec. 1, 2016, via the power of a single search warrant, the FBI can legally hack into an unlimited quantity of computers well-beyond the judicial district where said warrant is issued. Th is new expansion of power is a function of the recently amended Rule 41 of the Federal Rules of Criminal Procedure. Rule 41 is a set
Irrespective of your political leanings, the Trump University class action is an interesting and unique case. It is also a good learning tool for one issue that comes up in nearly every consumer protection class action – reliance. In this article, we will explore the lawsuit, cutting through the political noise that surrounded it. The plaintiffs in the Trump University
In this issue, I will be addressing parentage actions related to children born out of wedlock. Actions to establish paternity are controlled by Tenn. Code Ann. §36-2- 301 et seq. In Tennessee, most actions to establish paternity are brought in the juvenile court. However, a petition to establish parentage can be brought in the circuit or chancery court, as the
Wells Fargo has come under immense pressure not only publicly, but politically and legally, for its scheme that caused over two million accounts to be opened in customers’ names without their consent. If you haven’t read about this, Wells Fargo had institutional goals and incentives in place that paid its retail banking employees substantial bonuses for opening new customer accounts.
A recent decision from the Ninth Circuit Court of Appeals has created turmoil for federal prosecutions involving the Computer Fraud and Abuse Act (CFAA). This decision raises more questions than it answers in an already nebulous area of law. What is the CFAA? The CFAA, which is set forth in 18 U.S.C. § 1030, imposes criminal liability on individuals who
The Department of Labor Occupational Safety and Health Administration (OSHA), issued new rules requiring employers to electronically submit injury and illness data to be posted to OSHA’s website. Under these rules, employers must establish a reasonable procedure for reporting this data, in a way that does not deter or discourage employees from disclosing work-related injuries and illnesses. This requirement axiomatically
