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February 08, 2024 | Law.com

Can McDonald's Franchisee Be Held Vicariously Liable for Employee's Offensive Interaction With Drive-Thru Customer?

"When he issued the racial slur, he was in the middle of performing his job duties. There's no timeout where he acts in the interest of the employer one second, and then doesn't another second—and that's what the defense is going to say," plaintiff's counsel, James Clifford, a partner of Clifford & Clifford in Portland, argued before the Maine Supreme Judicial Court Wednesday.
5 minute read
February 08, 2024 | Law.com

Virginia Judge Revisits Bivens Suit Following Recent Fourth Circuit Precedential Decisions

The high court has "'consistently rebuffed' every request—12 of them now—to find implied causes of action against federal officials for money damages under the Constitution," and has made it clear that "expanding the Bivens remedy to a new context is an extraordinary act, that will be unavailable in most every case," wrote U.S. District Judge Michael S. Nachmanoff.
5 minute read
February 08, 2024 | The American Lawyer

'Relationships are Everything': Clifford Chance's Melissa Fogarty Talks Getting on Big Deals and Rising to the Top

The firm's joint head of corporate discusses plucking up courage to approach senior partners, her mentors, and developing juniors.
7 minute read
February 08, 2024 | New York Law Journal

Felon in Possession, New York Gun Ban and Disqualification of Counsel

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
9 minute read
February 08, 2024 | New York Law Journal

Title IX: A Paradigm of Legal Nuance

Title IX investigations are supposed to be a fair and effective tool to make informed decisions about student complaints. Not surprisingly, the practical application of this federal law is often as nuanced as the behaviors that brought about the complaint to begin with. A recent case demonstrates this very well.
4 minute read
Law Journal Press | Digital Book Lancaster County & Berks County Court Rules 2024 Authors: View this Book

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February 08, 2024 | Daily Business Review

Insurance Company Sues Florida Attorney for Alleged False Claim

"[He] has earned more money from his solo personal injury practice, opened subsequent to the onset of his disability, than he had prior to his alleged total disability," the insurer said of the attorney.
3 minute read
February 08, 2024 | Daily Business Review

'I Have Stayed Quiet Long Enough': Miami City Attorney Fires Back at Accusers

"They won't share the status of the inquiry, but they'll share the fact that I'm asking about it, which is weird," said an attorney at the center of the Florida Bar inquiry.
8 minute read
February 08, 2024 | Daily Report Online

Judgment Vacated: Hospital's Certificate of Need Conveyed Private Right

"[A] right under a [Certificate of Need] to operate a particular kind of hospital is a private right because the right to use one's property in a particular way is a traditional property right," the Supreme Court of Georgia ruled.
5 minute read
February 08, 2024 | The Legal Intelligencer

Harvard Law School Mentor Shares Essential Student Tips

The Epstein Law Firm's Michael J. Epstein, a New Jersey lawyer and Harvard Law School graduate, offers law students six key tips that come from his decades of experience as a lawyer and his work as a Harvard Law mentor.
4 minute read
February 08, 2024 | The Legal Intelligencer

Mitigating Cyber Risk: Back to the Basics in 2024

  Cyber risk continues to evolve and grow as more businesses expand their digital footprints and threat actors continue to reap monetary gains…
6 minute read

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