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FMG Law Blog Line

Archive for February, 2012

Six Steps to Stop FLSA Cases that are Plaguing Employers

Posted on: February 1st, 2012

By Ben Mathis

The dramatic growth of cases alleging employees did not receive all payments due under the Fair Labor Standards Act (FLSA) continues to show no signs of slowing. The number of FLSA cases has more than tripled in the last 5 years. In Georgia, the increase is even more dramatic with over a fourfold increase in claims filed in Federal Court. (more…)

Opportunities and Risks for Contractors in a Rebounding Economy

Posted on: February 1st, 2012

By Kamy Molavi

Despite periodic reports of Europe’s progress in dealing with the Greek sovereign debt debacle, neither Greece nor other (and larger) European economies are out of the woods, and the continent may be on the verge of another recession. And there is alarming, but potentially contradictory, news regarding a slow-down in the Chinese economy and significant increase in oil prices driven largely by the threat of another war in the Middle East. Shockingly, economists cannot agree on the potential impact of all or any one of those looming calamities on the U.S. economy.  (more…)

Is $25 Billion Enough to Cure the Mortgage Crisis?

Posted on: February 1st, 2012

By Stephanie Stewart

On January 23, 2012, state attorneys general from across the country received the draft of a proposed $25 billion settlement agreement with the nation’s largest banks that would substantially restructure foreclosure and mortgage services practices.  The five biggestU.S.mortgage lenders – Bank of America, JPMorgan Chase, Wells Fargo, Citibank, and Ally Financial – have all agreed to the settlement, which comes in the wake of the multi-year investigation into the foreclosure practices of these institutions.  The investigation revealed that several of these banks were engaging in “robo-signing,” a practice in which bank employees sign documents they have not read or use false signatures to sign off on foreclosures.  Many of the companies that processed these mortgages then failed to verify the information on the foreclosure documents.  These practices have forced literally hundreds of thousands of people from their homes.  Indeed, nearly 8 million people have faced foreclosure since the housing bubble burst. (more…)

Over There, But Still Here–U.S. Employment Laws in the Global Workplace

Posted on: February 1st, 2012

By Mary Anne Ackourey and La’Vonda McLean

The globalization of American business activities has resulted in employers increasing the number of employees they place on international assignments.  This presents a unique challenge regarding the applicability of United States employment laws to employees in a foreign workplace.  (more…)

Ticking Time Bomb: Defusing the Ineffective Litigation Hold Letter

Posted on: February 1st, 2012

By Sun Choy and David Cole

The pitfalls of e-discovery are real.  The failure to preserve electronically stored information after receiving notice of litigation or once litigation becomes reasonably foreseeable may have serious consequences, including costly and potentially devastating sanctions on both parties and their counsel.  According to a study published in the Duke Law Journal, court sanctions arising from e-discovery disputes reached an all-time high in 2009, with more sanctions being issued in 2009 alone than in all years prior to 2009 combined.  To mitigate the potential for sanctions, an effective litigation hold letter is perhaps the most important part of ensuring that all evidence, including electronically stored information, is preserved.  (more…)