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May 10, 2024 | Daily Business Review

TCPA Update: FCC Implements New One-to-One Consent Rule

The new rule, which goes into effect on Jan. 27, 2025, requires that prior express written consent be obtained separately for each company seeking to use such consent. In other words, there must be "one-to-one" consent.
5 minute read
May 10, 2024 | The Legal Intelligencer

People in the News—May 10, 2024—Archer & Greiner, Reger Rizzo

Archer & Greiner partner Debra S. Rosen has been appointed to the board of directors of the Alice Paul Institute (API).
4 minute read
May 10, 2024 | Daily Report Online

To Subrogate or Not to Subrogate?—That is the Question for Workers' Compensation Employers and Insurers

An employee injured in an accident arising out of and in the course of his employment through the negligence of a third-party has a potential claim against that party which is not impacted by his or her workers' compensation claim. The employer and insurer have a potential subrogation right against the proceeds from the third-party claim.
8 minute read
May 10, 2024 | The Legal Intelligencer

Is It Lay or Expert? Superior Court Has an Opinion (Maybe a Wrong One)

Lay witnesses may not cross a line and give testimony that is "based on scientific, technical, or other specialized knowledge within the scope of Rule 702." That's for experts, and with expert testimony comes discovery obligations such as reports and CVs.
8 minute read
May 10, 2024 | The Legal Intelligencer

DOL's Retirement Security Rule Imposes New Fiduciary Standards on Financial Services, Insurance Industries

Like many recent DOL rules related to retirement investing, the retirement security rule is polarizing and is sure to face significant legal challenges, including from the insurance industry to whom the rule applies a new, heightened duty.
7 minute read
May 10, 2024 | The Recorder

FTC Issues Final Rule Banning Most Noncompetes, but Immediate Legal Challenges Ensue

Employers do not need to not rush to immediately implement changes. Instead, they should allow time for the above litigation to play out over the next few months to see, among other things, if the courts invalidate the final rule or stay it pending the outcome of the litigation and inevitable appeals.
6 minute read
May 10, 2024 | Daily Business Review

A Model, a Billionaire and a Verdict: Both Sides Claim Victory in Miami Feud

"Plaintiff's position that she won is a delusional one," said defense attorney Herman J. Russomanno III.
4 minute read
May 10, 2024 | New York Law Journal

Growing Exterritorial Expansion of RICO

Within months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.
16 minute read
May 10, 2024 | New York Law Journal

Action Over Unease: What Happens Post-Tender Acceptance?

The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
7 minute read
May 10, 2024 | New York Law Journal

Meet the New Boss, Same as the Old Boss: The New Old Independent Contractor Rules

The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
8 minute read

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