Is “Birthright Citizenship” Subject To Revocation By A Presidential Executive Order?
10/30/18
By: Ken Levine
During an interview by Axios on October 29, 2018, President Trump declared that he was about to sign an executive order to abolish birthright citizenship in the United States. While the President insisted that birthright citizenship, a …
Closings Gone Bad
10/25/18
By: Dana Maine
Nathan Hardwick IV was convicted by a Northern District of Georgia federal jury on October 12, 2018 of embezzling $26 million from the accounts of his former firm, Morris Hardwick Schneider. $20 million of this amount was …
OSHA Developments Favorable for Employers
10/24/18
By: Amy Bender
Two recent OSHA developments signal good news for employers.
The first relates to the scope of OSHA inspections of an employer’s workplace. In a recent federal court case, after an employee of a poultry processing plant was …
Who’s Liable for Letting the Dogs Out?
10/23/18
By: Wes Jackson
“Cry ‘Havoc!,’ and let slip the dogs of war.”
William Shakespeare, Julius Caesar act 3, sc. 1.
Havoc indeed—in a case argued before the Georgia Supreme Court on October 10, two pit bulls slipped out of …
Panera Assistant Managers Granted Cert. In Overtime Suit Reminds Franchisees that Duties, Not Title, Prevail
10/22/18
By: Brad Adler & Hillary Freesmeier
While retail employers have tightened up their wage and hour practices, there are still too many companies in the retail industry, including fast food and fast casual employers, that have failed to take inventory …
The Bad Faith Trap: Evidentiary Concerns In Defending “Failure To Settle” Claims
10/19/18
By: Phil Savrin
It is commonly known in our industry that even an insurer that has accepted coverage for a liability claim can nevertheless be exposed to liability beyond the limits of the policy if it fails to settle the …
YMCA Owes No Duty To Provide Or Use AEDs When Renting Field To Private Soccer Club
10/17/18
By: Carlos Martinez-Garcia
California’s Fourth District Court of Appeal recently affirmed the trial Court’s order granting summary judgment in favor of the YMCA, disposing of a wrongful death lawsuit involving a patron who died of a heart attack on their …
Women On Board
10/16/18
By: Rebecca Smith
Nearly one-quarter of California-headquartered publicly held domestic or foreign corporations have no female directors. No later than the close of the 2019 calendar year, those companies will need to add at least one. Senate Bill 826 (SB …
An Examination of the Interpretation of Free Recreation
10/15/18
By: Kevin Stone
In Georgia, if property is open free of charge for recreational purposes, the landowner is normally immune from liability for injuries occurring on the property. A court can decide this as a matter of law without sending …
Facebook And Association Criticism: How To Address Unfounded Allegations Against An Association And Its Board
10/12/18
By: Jonathan Romvary
How far can a Board go in fighting against what they believe is unfair homeowner criticism? Can they publish a formal response to unfounded allegations? How should Associations address online criticism on unofficial Facebook groups created by …
As #MeToo Movement Takes Off, EEOC Sexual Harassment Claims Jump
10/11/18
By: Barry Brownstein
Since October 2017, when the Harvey Weinstein scandal broke and the #MeToo movement took off, the U.S. Equal Employment Opportunity Commission has filed 50 percent more sexual harassment lawsuits than it did the previous year and has …
Ninth Circuit’s Decision Upholding Arbitration Clause Enables Uber To Sidestep Substantive Issues Regarding Misclassification
10/10/18
By: Laura Flynn
In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial …