Has Fiduciary Rule Suffered a Fatal Blow?
4/4/18
By: Theodore C. Peters
The Employee Retirement Income Security Act of 1974 (“ERISA”) defined a “fiduciary” as someone who provides investment advice for a fee. The following year, the U.S. Department of Labor (“DOL”) promulgated regulations that provided a five-part …
Supreme Court on Prolonged Detention and Bond for Immigrants
3/27/18
By: Layli Eskandari Deal
Immigration has been a hot topic in the news lately due to the various issues being litigated in the Courts. Recently the Supreme Court made a ruling on the issue of prolonged detention by Immigration and …
BREAKING – D.C. Circuit Sets Aside Key Portions of FCC Ruling in Long-Awaited TCPA Decision
3/20/18
By: Matthew N. Foree
The United States Court of Appeals for the District of Columbia Circuit has finally issued its decision in the appeal of the Federal Communication Commission’s July 2015 Declaratory Order regarding the Telephone Consumer Protection Act. The …
Non-Pennsylvanians Can Sue Pa. Businesses for Out of State Transactions Under the Pennsylvania Unfair Trade Practices Consumer Protection Law
3/2/18
By: Erin E. Lamb
Citizens from outside Pennsylvania can now sue Pennsylvania businesses for transactions that occurred outside the commonwealth, under the Pennsylvania Unfair Trade Practices Consumer Protection Law (UTPCPL). The Pennsylvania Supreme Court, in a unanimous ruling, affirmed such …
Need a Lyft? Georgia Court of Appeals Decision Raises Coverage Questions for Ridesharing Services and Their Drivers
2/19/18
By: Connor M. Bateman
Most personal automobile insurance policies exclude coverage for damages that result from the ownership or operation of a vehicle used as a “public or livery conveyance.” Although typically undefined in the policy, this phrase has generally …
Latest Developments In DACA
2/19/18
By: Kenneth S. Levine
On 2/15/2018 four (4) separate legislative bills that sought to address the March 5th termination of the DACA program, border security, family-based immigration and the Diversity Lottery were put up for a vote in the …
Enforcing an HOA Covenant
2/12/18
By: Jan S. Sigman
Many homes built in the metro Atlanta area in the past 20 years are located in subdivisions that have a homeowner’s association (HOA). In 1994, Georgia adopted the Property Owner’s Association Act. If an HOA elects …
Show Me the Money! Georgia Court of Appeals Affirms HOA’s Right to Recover Attorneys Fees
1/31/18
By: Cheryl H. Shaw
Community associations are funded through assessments paid by property owners. When owners fail to pay, the association’s ability to meet financial obligations and provide for upkeep of the community is diminished. Common area repairs and replacements …
Are We There Yet?: Auto Service Advisor Exempt Status Under the FLSA Makes Return Trip to the Supreme Court
11/28/17
By: Will Collins
Last year, the Supreme Court narrowly avoided a collision with the question of whether service advisors at car dealerships are exempt as “salesmen” under the overtime requirements of the Fair Labor Standards Act (FLSA). However, as Encino …
Professional Negligence Claim Against Georgia Design Professional Survives Economic Loss Rule
11/27/17
By: Cheryl H. Shaw
Georgia’s economic loss rule bars recovery in tort for economic losses arising from a contract. The idea behind the rule is that simple: When a dispute involves strictly economic losses, the parties should resolve their claims …
NLRB Tells Appellate Court that Racial Harassment by Picketers is OK
11/1/17
By: Paul H. Derrick
The National Labor Relations Board is urging the full Eighth Circuit Court of Appeals not to review a 2-1 panel decision that found a union picketer’s racially derogatory comments toward black replacement workers to be protected …
Does Being Behind Bars Bar a Criminal Malpractice Claim?
10/25/17
By: Sara E. Brochstein
It is well established that in a legal malpractice action, a plaintiff has the burden of proving three elements: (1) an attorney-client relationship with the defendant attorney; (2) failure of the attorney to exercise ordinary care, …