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How Do You Authenticate A Text Message During Trial?

September 17 2020 One of the most basic evidentiary issues encountered during court proceedings is the authenticity of a thing presented. In other words, is the thing…

Don’t Expect to See Civil Jury Trials in 2020

April 29 2020 The right to a trial by jury is central to our justice system. The Seventh Amendment to the United States Constitution ensures the right to a jury…

Cancelled: Legal Waivers Make Refunds a Long Shot for Covid-19-Related Outdoor Race Cancellations

May 5 2020 As explored in my recent article, the Covid-19 pandemic has wreaked havoc on the 2020 outdoor race season. Athletes…

Debt Collections During COVID-19: State and Local Limitations

June 30 2020 As the global coronavirus pandemic continues, many states and local court systems have implemented new rules on debt collection and post-judgment…

COVID-19 Related Employment Lawsuits On The Rise - What Employers Should Expect and How To Protect Themselves

June 10 2020 Since the COVID-19 crisis began, employers have been faced with a myriad of tough decisions, compounded by rapidly changing state, local and federal…

AB-5 Updates: Prop 22, PRO Act, and a Speed Bump for Truckers in the Ninth Circuit

July 19 2021 Recently, Uber and Lyft, with Door Dash and other gig companies, successfully invested more than $200 million into the passage Proposition 22,…

Drafting Or Enforcing A Liquidated Damages Provision? Make Sure The Amount Is Reasonably Proportionate.

May 12 2021 Oftentimes, the “bite” of a liquidated damages provision is dictated by either the relative negotiating strength of the parties or by the failure of…

Florida’s Non-Competition Statute Governs More Than Just Competition, and Pleading the Statute’s Factors as an Affirmative Defense Might Not Be Required

May 11 2021 In an appellate opinion that starts with a discussion about an alleged breach of a real estate listing agreement, but then becomes focused on…

Supreme Court Cuts Off an Attempt to Expand the TCPA's Autodialer Definition

April 9 2021 On April 1, 2021, the Supreme Court issued a decision in Facebook, Inc. v Duguid, 592 U.S. __ (2021)1 interpreting the definition of an “automatic…

A Wolf in Wolf’s Clothing: Why Pennsylvania Supreme Court Adoption of Strict Liability for Consumer Protection Law Catch-All Claims Poses No New Threat

April 5 2021 Just over a month ago, in Gregg v. Ameriprise Fin., Inc., the Supreme Court of Pennsylvania issued a 4-3 opinion settling the question of whether the…