Independent Contractor vs Employee Status in the Gig Economy
5/31/18
By: Daniel Walsh
As recently noted by FMG’s Connor Bateman, Courts across the country are now reexamining coverage issues stemming from auto insurance policies held by drivers working with Transportation Network Companies (“TNCs”) such as Lyft and Uber.
In …
“Senior Safe Act” Encourages Reporting of Senior Investor Fraud
5/25/18
By: Ted Peters
On May 22, 2018, the Senior Safe Act, authored by U.S. Senators Susan Collins (R-ME) and Claire McCaskill (D-MO), passed in the House of Representatives as part of a bipartisan banking reform package after previously being …
Georgia’s Making a List and Long-Term Care Organizations Must Check It Twice
5/24/18
By: Will Collins
This month, Georgia’s Governor signed into effect a law implementing a comprehensive background check system in an effort to target and curb elder abuse, placing additional screening, notice, and retention requirements on long-term care organizations as well …
High Court OKs Employers' Use of Class Waivers
5/23/18
By: Paul Derrick
Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), says the U.S. Supreme Court in a much-anticipated decision.
The Supreme Court’s long-awaited decision resolves a circuit split on whether class or …
Shortening the Statutory Limitations Period in a Residential Lease
5/23/18
By: Jake Daly
Every state has statutes or rules governing the time within which various types of claims must be filed. In Georgia, the general rule is that a personal injury claim must be brought within 2 years of the …
Lessons Learned from the SEC’s Order in the Yahoo! Data Breach Enforcement Action
5/22/18
By: Jennifer Lee
On April 24, 2018, the SEC issued an order in the enforcement action against Altaba Inc., formerly Yahoo! Inc., and imposed a $35 million fine relating to the 2014 data breach which affected more than 500 million …
The Restatement of The Law of Liability Insurance Is Coming~ Ready Or Not!
5/21/18
By: Gretchen Carner
On May 22, 2018, at the annual meeting of the American Law Institute (ALI ) in Washington, D.C., its members are set to vote on final approval of the Restatement of the Law of Liability Insurance (RLLI). …
DOJ and USCIS Join Forces Creating a Tougher Road for Employers
5/18/18
By: Layli Eskandari Deal
On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) and Department of Justice (DOJ) entered into a Memorandum of Understanding regarding information sharing and case referrals. USCIS and DOJ state that this effort is meant …
9th Circuit Holds Inadmissible Evidence May Support Class Cert
5/17/18
By: Ted Peters
Courts around the country are split over whether admissible evidence is needed to support a class certification. The Fifth Circuit requires it, and the Seventh and Third Circuits appear to be of the same opinion. In contrast, …
Winemakers Decan’t Warn a Consumer About Every Risk
5/16/18
A Pour Result for Plaintiffs’ Attorneys in California, but a Grape Win for Vintners
By: Robyn Flegal
In May 2018, the California Court of Appeals refused to revive a class action lawsuit claiming wines made by fifteen winemakers should contain …
Foreign Students and Exchange Visitors Beware!
5/15/18
By: Layli Eskandari Deal
On May 10, 2018, USCIS published a Policy Memorandum to provide guidance on how the agency will be calculating unlawful presence for F-1, J-1, and M-1 nonimmigrant visa holders and their dependents.
Generally, foreign students and …
DOL Fiduciary Rule Suffers a Slow Death
5/15/18
By: Ted Peters
In 2016, the U.S. Department of Labor (“DOL”) promulgated a set of rules and regulations now infamously referred to as the “Fiduciary Rule.” After multiple criticism and legal challenges, the Fifth Circuit Court of Appeal struck down …