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January 2012




Another Risk of Using Independent Contractors – Workers’ Compensation Laws

Bart GaryLeanne PrybylskiBy Bart Gary and Leanne Prybylski

Many businesses see the use of independent contractors as a way to circumvent laws applicable to employees, such as wage and hour laws, withholding of taxes and FICA and employee benefits.  Frequently, the benefits are too good to be true.  Add to the list of pitfalls, the workers’ compensation law.

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Georgia May Join Minority View of Assignability of Legal Malpractice Claims

Dana MaineBy Dana Maine

Georgia may be on its way to joining the minority of states holding that, under some circumstances, legal malpractice claims can be assigned.  In a case of first impression, the Georgia Court of Appeals held in Villanueva v. First American Title Insurance Company that “malpractice claims are not per se unassignable.”  The case, however, is on its way to the Georgia Supreme Court with the chance that that court will pass a binding precedent along the lines of the opinion from the Court of Appeals.

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The Rise of Retaliation and Whistleblower Claims

Ben MathisAnthony Del RioBy Ben Mathis and Anthony Del Rio

Retaliation claims against employers are on the rise, and all employers must be cognizant of the increased legal risk of such claims.  In 2010, for the first time ever, retaliation surpassed race discrimination and became the most common charge filed with the Equal Employment Opportunity Commission (EEOC).

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FMG Adds New Partner and Associates

FMG is pleased to announce that David Cole has been made a Partner of the Firm. Also, Anthony Del Rio, James Dervin, La’Vonda McLean and Stephanie Stewart have recently joined the firm as Associates. Jason Mitchell, Kathleen Dod and Shawn Kalfus have also joined the Firm within the past year.

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Save the Date:

Labor and Employment Seminar

Topic: What's New for HR in 2012 - 
     New Issues and New Objectives

When:  Thursday, January 19, 2012
              8:30 a.m. - 10:30 a.m.

Where: FMG Conference Center
   (across from the Georgian Club) 100 Galleria Parkway
   17th Floor, Atlanta, GA 30339 

Register for Seminar

Or call 770.818.1423

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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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Information conveyed in this presentation should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided in this presentation is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.
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