The staff of the Division of Corporation Finance (CorpFin) of the U.S. Securities and Exchange Commission (SEC) recently released a Sample Letter indicating that companies subject to federal securities disclosure requirements may have obligations related to the conflict in Ukraine, regardless of whether they are directly subject to U.S. sanctions against Russia.

The New York Senate and Assembly recently passed Bill S74A, also known as the Grieving Families Act, and it is expected that Governor Hochul will likely sign the bill into law. If passed, the law would significantly expand the damages available in wrongful death actions in a number of ways.

In Morgan v. Sundance, Inc., No. 21-328 (May 23, 2022), the United States Supreme Court granted review to resolve the split in authority between federal courts regarding whether there is an arbitration-specific waiver rule requiring a showing of prejudice. The Supreme Court held that federal courts may not create arbitration-specific variants of federal procedural rules, like those concerning waiver, based on the “policy favoring arbitration” under the Federal Arbitration Act (FAA).

This week, the California Supreme Court clarified in Naranjo v. Spectrum Security Services, Inc. whether meal and rest period violations may also result in wage statement penalties and waiting time penalties against an employer. In its ruling, the California Supreme Court held that meal and rest period premiums may trigger derivative wage statement and waiting time penalties.

Effective July 1, 2022, the Florida Supreme Court has amended Florida Rule of Civil Procedure 1.442—governing procedural requirements for service of proposals for settlement—to preclude service of a proposal containing “nonmonetary terms, with the exceptions of a voluntary dismissal of all claims with prejudice and any other nonmonetary terms permitted by statute.” The court’s amendment comes on the court’s own motion and after a lengthy comment period and oral argument.

The New York State Legislature is currently reviewing proposed bill S74A, known as the Grieving Families Act (GFA). Introduced by State Senator Brad Hoylman (D – Manhattan), the GFA proposes a vast expansion of compensable damages in wrongful death actions

A recent decision out of the Ninth Circuit in Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020) aims to impose enormous costs on the transportation industry, including freight brokers. Indeed, these are the very costs that Congress sought to avoid in enacting the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1) (the F4A).

Those who practice transportation law are acutely aware of the accident investigation process. There are essential tasks that must be completed in short order, such as driver and witness interviews, obtaining crash reports, retaining the right accident reconstruction expert, and coordinating and completing inspections of the accident scene and involved vehicles. This article, however, is meant to serve as a reminder that our understanding of where crash data can be found must go beyond simply downloading an engine control or air bag control module.