Court Expands TCPA Unsolicited Fax Liability
12/30/14
By: Matt Foree
The Telephone Consumer Protection Act (“TCPA”) has been criticized for its severe penalties and its failure to apply common sense. As discussed in this blog previously, members of Congress submitted correspondence to the Chairman of the Federal …
Federal Oversight of Local Policing: A Growing Trend
12/22/14
By: Peter Munk
Controversial uses of force by police in Ferguson, MO, Staten Island, NY, and Cleveland, OH have been among the most talked-about events of 2014. In addition to what these uses of force say about the relationship between …
OFCCP Announces Implementation of Final Rule Modifying Obligations of Federal Contractors
12/16/14
By: Joyce Mocek
On December 9, 2014, the Office of Federal Contract Compliance (OFCCP) published a Final Rule implementing Executive Order 13672 which prohibits discrimination based on sexual orientation and gender identity as it relates to federal contractors and subcontractors. …
Police Officer’s Mistake of Law Does Not Make an Arrest and Search Invalid
12/16/14
By: Wayne Melnick
Earlier this week, the United States Supreme Court ruled that a police officer’s mistaken belief of the state of the law does not make an arrest and search invalid as long as the officer’s belief was reasonable. …
Are We Speaking the Same Language? (Part 2)
12/15/14
By: Seth Kirby
In a previous blog entry we discussed the concept of “micro-language” and its relationship to insurance coverage disputes. In essence, this concept is a recognition that people ascribe different meanings to words and phrases based upon …
FINRA Puts the Vice Grip On Confidentiality Provisions Customer Settlements and Customer Arbitrations and Litigation
12/10/14
By: John Goselin
FINRA’s Notice to Members 14-40 revises the regulator’s position on the permissible scope and nature of confidentiality provisions that broker-dealers can agree to relating to the discovery process in legal proceedings or as a term in …
Outsourced Labor? Temps? – New Statutory Liability for Companies Using Contract Workers
12/5/14
By: Sandra McIntyre
On January 1, 2015, California Labor Code section 2810.3 becomes operative. It imposes civil liability on companies utilizing non-exempt workers provided by contractors to perform the regular and customary work of the company if the contractor fails …
Bart Gary's Construction Law Handbook 2015 Edition is Now Available
12/5/14
Freeman Mathis & Gary is pleased to announce that Bart Gary’s Georgia Construction Law Handbook, 2015 edition is now available. This is the third annual edition and is expanded to include new topics and recent developments. The 428-page book is …
11th Circuit Rules Cruise Lines Can Be Sued for Medical Malpractice
12/3/14
By: Laura Broome
The 11th Circuit recently ruled that cruise ships may be sued for medical malpractice, negating any reliance by cruise ship companies upon the defense of immunity in cases of medical malpractice. In Patricia Franza v. Royal …