Federal Trade Commission Offers Tips on Avoiding and Responding to Ransomware Attacks
11/22/16
By: Amy C. Bender
With ransomware attacks on the rise, it is important to have a plan in place on how best to prevent such attacks and respond when they occur. The Federal Trade Commission, the government agency tasked with …
The Fraudulent Joinder Prevention Act of 2016: Leveling the Removal Playing Field
11/21/16
By: Jacob E. Daly
Generally speaking, at least in personal injury cases, plaintiffs prefer to litigate in state courts while defendants prefer to litigate in federal courts. Federal law has long permitted defendants to remove cases filed in state court …
ICE Reformed: Election of Donald Trump Likely to Affect Federal Immigration Enforcement Priorities
11/18/16
By: E. Charles Reed, Jr.
Between 2008-2014, the federal government utilized a program called “Secure Communities” to arrange for the transfer of suspected aliens from local law enforcement custody to federal custody upon receipt of a detainer request from Immigration …
ADA Website Compliance: More Than Just a Good Idea
11/16/16
By: Paul H. Derrick
Since its passage in 1990, the Americans with Disabilities Act (ADA) has become nearly ubiquitous, perhaps best known for its applicability to workplaces, wheelchair access, and service animals. Surprisingly few people, however, are aware that the …
All About the Money
11/15/16
By: Lisa R. Gorman
I suspect if we took a poll and asked what factor should be used to determine which employees are entitled to earn overtime wages, most would agree on salary. I suspect if we asked how high …
Georgia’s New Garnishment Code
11/10/16
By: A. Ali Sabzevari
To collect money owed, judgment-creditors must typically file a garnishment action and serve the garnishee, such as an employer or financial institution, and the judgment-debtor. The State of Georgia has a new garnishment code that …
NetDiligence’s 2016 Cyber Claims Study Shows Data Breach Risks Concern Organizations Large and Small
11/7/16
By: Melissa A. Santalone
NetDiligence’s 2016 study of cyber insurance claims made during the year show that data breaches are not just problems for retail giants or Fortune 500 companies. Huge breaches, including those with over 1 million records lost, …
Higher Screening Standards Needed to Prevent Fentanyl Misappropriation in Hospitals
11/4/16
By: Robyn Flegal
A disturbing trend is on the rise. Hospital employees are misappropriating drugs intended for patients. The drug of choice is fentanyl, which has been used as a prescription painkiller since the 1960s, but is up to fifty …
Federal Mandate for Electronic Logging Devices Upheld in U.S. Court of Appeals’ Ruling
11/3/16
By: Parker M. Green
The Federal Motor Carrier Safety Administration’s mandate requiring most commercial truck drivers to use electronic logging devices (ELD) survived its strongest legal challenge to date when the 7th Circuit Court of Appeals voted unanimously to …
Is Your Corporate Culture a Religion?
11/1/16
By: Michael M. Hill
Trouble with low morale in the workplace? Conflicts among employees? Perhaps you are considering addressing the problems by hiring an outside consultant to tweak the company’s culture? If so, you may want to tread cautiously. A …
Third-Party Lending May be Bad Investment for Attorneys: Litigation Finance and Champerty Affect Validity of Fee Agreements and Ethical Duties
11/1/16
By: Meaghan Londergan
Once universally disfavored, litigation finance (funding of lawsuits through third-party lending) is now commonly used to pursue litigation against well-funded defendants. However, the longstanding doctrine of “champerty” in many states provides the defense bar with a mechanism …