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May 2014

"Back to the Future:" HOA Directors Liable for Acts Before HOA Formed?

By: Dana Maine and William Ezzell
Here's a question for the Homeowners' Association (HOA) directors and officers out there: how far back in time can your duties owed to an HOA stretch? In Thunderbolt Harbour Phase II Condominium Association, Inc. v. Ryan, a developer of a condominium expansion learned that they can extend to problems caused before the construction of the units was completed.
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FIRREA Bar To D&O Insurer's Failed Bank Coverage Action

By: Mike Wolak
In a recent decision that could dramatically change the face of failed bank insurance coverage litigation, a federal district court judge reaffirmed earlier holdings that a failed bank's D&O insurer's declaratory judgment action against the FDIC (as receiver for the failed bank) and against the bank's former officers and directors was barred by the anti-injunction provision of the Financial Institutions Reform, Recovery and Enforcement Act.
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"Advertising on Social Media? Better Watch Your Step!"

By: Taryn Kadar
Social media provides an outlet for politics, sports, connecting with friends, contests, and window shopping. It is only natural that it also provides companies with unique marketing and advertising opportunities to reach consumers. Companies have been taking advantage of these opportunities, and the Federal Trade Commission (FTC) is frantically trying to keep up with the times.
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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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