11/5/20
By: Andy Treese and Jake Loken
The Supreme Court of Georgia has held that the state’s apportionment statute abrogates the “respondeat superior rule,” a decisional rule of law that had been in effect since 1967. As a result, employers now …
11/5/20
By: Andy Treese and Jake Loken
The Supreme Court of Georgia has held that the state’s apportionment statute abrogates the “respondeat superior rule,” a decisional rule of law that had been in effect since 1967. As a result, employers now …
Federal Court Addresses Georgia Restrictive Covenant Rules
10/21/20
By: Ken Menendez
Employers regularly grapple with the interpretation and application of the law regarding restrictive covenants. Court rulings in such cases are often drawn narrowly to address the specific facts of the case at issue and therefore can be of …
Seeking Sanctions Against a Dishonest Plaintiff
10/19/20
By: Jennifer Adair
Sanctions for discovery abuses are not a weapon reserved for the plaintiff, and defense attorneys should not shy away from pulling this arrow from their quiver when misrepresentations by the plaintiff are so egregious that a vigorous …
9/28/20
By: Janeen Smith
The risk posed by failing to timely file an answer in Georgia keeps defense counsel up at night. While no defendant nor defense counsel intends to cause a case to be in default, things happen. The Georgia Supreme …
Georgia Revamps Lactation Break Law for Private Employers and Creates a New One for Public Employers
9/22/20
By: Tim Boughey
The Georgia state legislature recently weighed in on the issue of lactation breaks by passing “Charlotte’s Law.” Before August 5, 2020, Georgia employers largely followed the federal Fair Labor Standards Act’s lactation break requirements to provide an …
Expert Testimony on the Ultimate Issue under O.C.G.A § 24-7-704: Anything Goes?
8/18/20
By: Alexia Roney
After a recent article in the Georgia Bar Journal, there is renewed interest in using experts to testify on ultimate issues under the protection of O.C.G.A. § 24-7-704. See Brett A. Adams, An Overview of Ultimate Issue …
5/5/20
By: Wayne Melnick and Janeen Smith
Georgia’s on-the-road driving test joins the ever-growing list of changes to life as we know it as a result of COVID-19. A new generation of drivers will be hitting the roads in Georgia soon, …
Massachusetts Enacts Legislation Authorizing Virtual Notarization During COVID-19 State of Emergency
4/30/20
On April 27, 2020, Governor Baker signed into law An Act Providing for Virtual Notarization to Address Challenges Related to COVID-19 (the “Virtual Notarization Act” or the “Act”). In doing so, Massachusetts joins a number of other …
4/8/20
By: Tom Ward
On March 30, 2020, Governor Brian Kemp issued an executive order that applies to the plan review and inspection requirements for the construction of hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or …
4/8/20
By: Tom Ward
Governor Brian Kemp recently passed an executive order allowing residential builders to immediately employ private inspectors to perform required plan reviews or inspections without having to wait out the time frames required by O.C.G.A. 8-2-26(g)(4).
The relevant …
Practice of Medicine Without a License in Georgia Under COVID-19
3/30/20
By: Shaun Daugherty
In the early evening hours of March 23, Georgia’s Governor Kemp signed an executive order addressing the current medical crisis that has developed due to the novel coronavirus, COVID-19. Under this executive order, any “administrative rules that …
United States Supreme Court to Decide Whether Georgia Law can be Copyrighted
7/15/19
By: Jason Kamp
The United States Supreme Court recently agreed to decide whether the annotations contained in the Official Code of Georgia Annotated (OCGA.) can be copyrighted by the state of Georgia, granting certiorari in State of Georgia, et al. …