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June 2011




Data Breach Liability Are You Prepared?

Ben MathisMary Anne AckoureyBy Ben Mathis and Mary Anne Ackourey

The potential for data breach liability is a financial risk that many companies and public entities are just beginning to recognize and address.  Unfortunately, for too many, the significant financial liability they can incur becomes apparent only when it is too late.

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Differing Site Condition Clause Pays Off for Georgia Contractor

Bart GaryBy Bart Gary

Differing site conditions (DSC), sometimes called changed site conditions, are latent conditions on, in, or under the construction site that were not anticipated by the parties in their contract or that were not shown on the plans, specifications, and other contract documents. In the absence of a contract term that allocates the risk of such conditions, the risk is born by the contractor and its subcontractors. The conditions may be asbestos or other hazardous materials in a structure to be renovated or expanded, but most often are subsurface conditions in the soil, which may include rock, ground water, toxic substances, or unsuitable soil. These unexpected substances make the work more difficult or even impossible.

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The Redistricting Process for Local Governments

Bobby BakerBy Bobby Baker

The United States Constitution requires a census be done every ten years for the purpose of redistricting Congress, but every state and local government entity must also adjust their district lines as a result of population changes.  Many people are interested how the redistricting process works at the local level for city and county offices.  Redistricting for local government entities is simpler than redistricting for federal and state legislative offices, yet caution must be exercised when redistricting city and county offices.

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United States Supreme Court Revives Challenges to RLUIPA

Dana MaineWhitfield CaughmanBy Dana Maine and Whitfield Caughman

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), which is intended to prevent state and local governments from placing “substantial burdens” on religious exercise in the institutionalized persons and land use context.  Although the statute has been in effect for a decade, a decision by the United States Supreme Court on April 20, 2011 calls its legitimacy into question in two ways.

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Non-Compete Law Goes Into Effect (Again!)

Brad AdlerDavid ColeBy Brad Adler and David Cole

After more than two years of legal wrangling, it appears that the Georgia Restrictive Covenants Act finally is now in effect after Governor Nathan Deal signed House Bill 30 on May 11, 2011. Of course, while Governor Deal’s signature may have cleared up uncertainty over the application of the statute from May 11 forward, real questions still loom over the true effective date of the predecessor statute. 

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Freeman Mathis & Gary, LLP welcomes Michael D. Flint, Shira Adler Crittendon, J. Scott Rees and Laura L. Broome as its newest attorneys.

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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.




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