FTC Finds Data Security Practices Unreasonable, Even Without Evidence of Unauthorized Access
9/30/16
By: Matt Foree
Recently, the Federal Trade Commission (“FTC”) issued a significant decision in which it held that LabMD, a former clinical laboratory, engaged in “unfair” practices in violation of Section 5 of the FTC Act because it failed to …
Georgia Utility Update – September 2016
9/30/16
By Robert B. Baker
PSC Approves An Additional 1,600 Megawatts (“MW”) of Renewable Energy by 2021
The Georgia Public Service Commission’s recent Integrated Resource Plan (“IRP”) decision provides for the development of an additional 1,600 MW of renewable energy in …
Let’s Go to the Replay: Effective Use of Video Footage to Defend Constitutional Claims
9/27/16
By: Andrew Treese and Kevin Stone
The 1989 premier of COPS, and more significantly the Rodney King incident in 1991, marked the beginning of a new era in law enforcement: the era of “policing on video.” Technological advances, combined with …
U.S. DOT Issues Guidelines for Self-Driving Vehicles
9/27/16
By: Wes Jackson
On Tuesday, the U.S. Department of Transportation ushered in the long-anticipated future of transportation with guidelines for “autonomous vehicles,” or self-driving cars (available here). The policy guidance focuses primarily on “highly automated vehicles,” (“HAVs”) or those …
The Foundation to Deny Coverage May Have Cracks
9/26/16
By: Bart Gary and Brian Lake
In Cypress Point Condo. Ass’n, Inc. v. Adria Towers, L.L.C., 226 N.J. 403 (2016), decided August 4, 2016, the Supreme Court of New Jersey affirmed a Court of Appeals decision that a condominium …
Apartment Management and Owners Increasingly on the Hook for Violent Crime
9/26/16
By: Wes Jackson
Unknown assailants killed a 33-year-old father of three during an apartment robbery in 2015. Earlier this month, a Clayton County jury determined the apartment complex where the robbery occurred is liable for half of the $20 million …
Sixth Circuit Becomes Latest Court to Find Standing in a Data Breach Lawsuit
9/23/16
By: David Cole
The majority of lawsuits filed by consumers over data breaches in recent years have been successfully defended by arguments that the plaintiffs lacked standing to bring the lawsuit. To have standing, a plaintiff must be able to …
States File Lawsuit to Block New Department of Labor Overtime Rules
9/22/16
By: Timothy Holdsworth
On September 20, twenty-one (21) states filed a challenge to the Department of Labor’s (“DOL”) increases to the minimum salary included in the final rules amending the Fair Labor Standard Act’s (“FLSA”) White Collar Exemptions, released in …
Our Employee Said What Online? Public Entities and Employee Speech in the Digital Age
9/22/16
By: Paul H. Derrick
Unlike their private-sector counterparts, employees of municipalities, counties, and other public entities have work-related free speech rights that enjoy varying levels of First Amendment protection. Supreme Court law is clear on that broad point, although its …
Self-Driving Cars Will Likely Change the Insurance Landscape
9/21/16
By: Melissa Santalone
This week Uber debuts its pilot program for self-driving cars in Pittsburgh. These lucky Uber users in Pittsburgh will be among the first Americans to come into direct contact with technology that is expected to eventually make …
Georgia City Sues County Over Dispute in Providing Emergency Services
9/20/16
By: A. Ali Sabzevari
A dispute between a Georgia city and county over the delivery of emergency services has cascaded into the courts. Recently, the City of Tifton filed suit against Tift County to prevent the County from providing extrication …
Stop “IT”: Does Clowning Around Violate the Law?
9/19/16
By: Kevin Stone
Recently, like whack-a-mole, creepy clowns have been popping up throughout the country in unusual places, as reported here, here, and here. In some instances, their presence is simply eerie—“A woman walking home late one …