Data Breaches Expected to Fuel D&O Claims Premised on Inadequate Board Oversight Over Cyber Security Risks
10/30/15
By: John Goselin and Mike Wolak
With the recent filing of a shareholder derivative action against several directors and officers of The Home Depot following the company’s severe data breach in 2014, questions concerning the adequacy of board oversight over …
California, Again, Amends its Data Breach Notification Statute
10/23/15
By: Kacie Manisco
On October 6, 2015, Governor Jerry Brown signed into law three separate bills amending California’s Data Breach Notification Statute. Together, the amendments, which take effect on January 1, 2016, expand the definition of “personal information,” provide a …
Addiction in the Workplace
10/23/15
By: Tim Holdsworth
Last week, the University of Southern California fired their head football coach, Steve Sarkisian, for attending a practice under the influence of alcohol. This was purportedly not the first time that Sarkisian’s drinking affected his coaching duties. …
FMG Government Practice Section Obtains Summary Judgment in First-Of-Its-Kind Case in Eleventh Circuit Obtaining Qualified Immunity for Officers Accused of Burning a Woman with a Flash Bang Device
10/14/15
By: Wayne Melnick
In a truly team effort, Freeman Mathis & Gary partners Wayne S. Melnick and Brian R. Dempsey, along with of counsel Chuck Reed and associate Ali Sabzevari, won summary judgment in a first-of-its-kind case in …
U.S. Supreme Court to Decide Whether California Courts Have Discretion to Not Enforce Arbitration Agreements With Substantively Unconscionable Provisions
10/12/15
By: Allison Shrallow
In 2013, a California district court denied Defendants’ Motion to Compel Arbitration in a case entitled Thomas Zaborowski, et al. v. MHN Government Services, Inc., et al. This case involved an arbitration agreement which: (1) required …
Georgia Utility Update – October 2015
10/7/15
$7.9 Million Pipeline Project Will Take Almost 300 Years to Break Even
It will take close to 300 years to recover the $7,890,000 that it will cost to build a 57,500 foot six inch high pressure steel pipeline based on …
Is a Franchisee an Ostensible Agent of a Franchisor? — California Court Denies Summary Judgment on This Theory
10/6/15
By: Allison Shrallow
On September 25, 2015, the United States District Court for the Northern District of California granted in part and denied in part McDonald’s USA and McDonald’s Corporation’s Motion for Summary Judgment in the case Stephanie Ochoa, et …
New California Law: Requesting an Accommodation is a “Protected Activity”
10/5/15
By: Allison Shrallow
As the law now stands, it is exceedingly difficult for an employer in California to defeat a retaliation claim. To establish a prima facie case, an employee need only establish he engaged in protected activity and shortly …
The Return of the Intern?
10/5/15
By: Michael Hill
The Eleventh Circuit Court of Appeals has dramatically modified the test to determine whether an “intern” is an employee. In Schumann v. Collier Anesthesia, P.A., — F.3d —, No. 14-13169, 2015 WL 5297260 (11th Cir. Sept. …
Off-Duty Police Officer Immune from Excessive Force Claim
10/2/15
By: Brian Dempsey
In a recent opinion, the Georgia Court of Appeals granted official immunity to an off-duty police officer, Jose Vidal, who was providing security at an IHOP restaurant when he arrested a patron and allegedly used excessive force. …
NLRB Doubles Down on ‘Joint Employer’ Standard Expansion
10/2/15
By: Tim Holdsworth
On August 27, 2015, the National Labor Relations Board discarded thirty years of precedent and handed down a new and expanded definition of joint employer. See Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, …
Drones Regulation Deadline Missed by FAA
10/2/15
By: Wayne Melnick
In the recent past, I blogged a series of articles regarding the possible legal and insurance ramifications of law enforcement drone usage. These included blogs on risk questions related to government drone usage how drones can be …