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October 2015

Ashley Madison Hack Raises Questions of Insurable Loss

By: Jessica Samford

By now, most everyone should be familiar with the frenzy surrounding the recent hacking of the Ashley Madison website, making headlines due to its risqué premise—adultery. Hackers known as the “Impact Team” made available for download account data such as email addresses associated with website accounts, and the full impact so far is yet to be determined. Not only are there personal and financial data breach concerns, but there is also significant potential for reputational and invasion of privacy harm. It has been reported that there was no verification of email addresses used to create accounts, so some email addresses may even be on the list as a result of identity theft.

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Stall Protocol: What Employers Need to Know about Restroom Access To Transgender Employees

By: Jennifer L. Ward, Esq.

Under the Occupational Safety and Health Administration’s (“OSHA”) standards, employers are required to provide their employees with restroom facilities. Until recently, this requirement left employers wondering whether they could deny a transgender employee the right to use a bathroom that is consistent with their “gender identity.”

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The Pros and Cons of Emerging Trucking Apps

By: Matt Grattan and Kevin Stone

Emerging smart phone apps promise to transform the trucking business by offering trucking companies and truck drivers opportunities to maximize capacity, minimize time spent at weigh stations and inspection sites, and improve navigational assistance.  Cargomatic—the Uber of trucking apps—allows local businesses to find trucks in their area that have free space and track delivery.  The benefits are obvious for small businesses that don’t have the time and effort to find trucks and for trucking companies that are seeking to fill empty space in their trucks.  Trucker Path—a Yelp for the trucking world—is an interactive app that provides up-to-date information to help truckers find truck stops, rest areas, parking, and more.  Users provide information and ratings for each location, allowing drivers to determine whether certain stops are open or closed, for example.

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FMG Adds New Attorneys to Atlanta Office

FMG adds five new associates to the Atlanta office.
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Firm and Attorney News 

Mike Wolak And John Goselin will be speaking at next month's Annual Conference of the Independent Broker Dealer Consortium. The conference is October 23 - 25, 2015.    


Wayne Melnick , Brian Dempsey, and Ali Sabzevari obtained summary judgment for two police officers alleged to have violated a woman’s civil rights when she was burned by a Noise Flash Diversionary Device (“flash bang”) that was deployed into the apartment in which she was staying during the execution of a narcotics no-knock search warrant. In a first of its kind decision in the Eleventh Circuit, the Northern District of Georgia held that the officers in question were entitled to qualified immunity.  In doing so, the court agreed with FMG’s arguments that not only was there no constitutional violation, but that the law is not clearly established regarding the use of flash bang devices in warrant executions such as this. 


Brad Adler has been elected Chairperson for the Southeast Chapter of the Professional Liability Underwriting Society (PLUS).  In this capacity, Mr. Adler will lead one of PLUS’ largest and most successful Chapters covering eight states as it hosts numerous educational, networking and volunteer events in 2015 – 2016.


Phil Savrin and Ali Sabzevari obtained a complete win for a police officer who shot and killed a naked man who was advancing toward the officer with an object concealed in his hand.  The officer did not fire his weapon until the suspect had closed the gap between them and made a final lunge with outstretched arms.  The federal judge agreed that the officer’s use of deadly force was reasonable as a matter of law and did not violate the Fourth Amendment protections. 


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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.


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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