A panel of three judges in the Fourth Circuit in the case of Frank Black & Southeast Investments N.C., Inc. v. FINRA dismissed a constitutional challenge to FINRA’s authority to regulate and punish security brokers. The panel determined that it lacked jurisdiction to render a decision on the basis that the prior Order underlying the…
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The Mississippi State Board of Architecture has significant updates to its regulations governing the practice of architecture. Adopted in May 2024 and effective as of November 9, 2024, the changes aim to modernize architectural practice, while strengthening professional oversight. The updates address licensure requirements, continuing education, practice standards, and firm registration, all of which are…
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The Louisiana Court of Appeal recently addressed the liability of architects in premises liability claims in Holleman v. Golden Nugget Lake Charles, LLC, 2024 WL 4897557 (La. App. 3 Cir. 11/27/24). Plaintiff Martha Holleman (“Ms. Holleman”) alleged she sustained injuries after slipping on wet travertine tiles near the pool area of the Golden Nugget Casino….
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In Aloha Petroleum, Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, 155 Haw. 108, 557 P.3d 837 (2024), Aloha Petroleum, Ltd. sought a defense from its liability insurers for separate lawsuits brought by Hawaiian municipalities. The municipalities alleged that, as of the 1960s, the fossil fuel industry knew “its products would cause catastrophic climate…
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On December 9, 2024 the Environmental Protection Agency (“EPA”) finalized the bans of two chemicals, trichloroethylene (“TCE”) and perchloroethylene (“PCE”), that have been linked to risks of cancer and other severe health conditions. The ban comes as part of the EPA’s regulatory authority under the 2016 amendments to the Toxic Substances Control Act. TCE and…
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In 2024, the U.S. Department of Labor (DOL) issued a final rule to clarify how workers are classified which was aimed at distinguishing between employees and independent contractors. This clarification is poised to impact industries nationwide, redefining employer obligations and worker rights under the Fair Labor Standards Act (FLSA). Worker classification has long been a…
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On December 11, 2024, the U.S. Securities and Exchange Commission (SEC) imposed a $15 million fine on Morgan Stanley for its failure to adequately protect client accounts. The fine stems from the firm’s failure to implement proper safeguards, which led to the exposure of sensitive client information and unauthorized transactions. The SEC’s investigation revealed the…
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In Osborne v. Drees Homes of Fla., Inc., a home builder deeded a built home to original buyers by a warranty deed in December 2012. No. 5D2023-2978, 2024 WL 4575415 (Fla. 5th DCA Oct. 25, 2024). In addition to the deed, the Parties entered into a purchase and sale agreement that contained a limited warranty…
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Liability insurers are no strangers to time-limited demands sent by plaintiff’s counsel. In Georgia, these demands are called Holt demands after the seminal case S. Gen. Ins. Co. v. Holt, 416 S.E.2d 274 (Ga. 1992). In Holt, the Georgia Supreme Court held that an insurer can be liable to its insured for unreasonably declining a…
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The 2024 presidential election has finally come to pass with Republican candidate Donald Trump set to begin his second administration in January 2025. It can be expected that the Trump Administration will bring numerous changes to the employment law landscape during his second administration. Many of these changes will likely roll back various Biden-era initiatives…
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