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 …
Eleventh Circuit Applies Spokeo’s Stringent Article III Standing Requirements
10/27/16
By: Robyn Flegal
Earlier this year, the Supreme Court clarified the pleading requirements to establish standing in federal lawsuits arising out of alleged statutory violations. A detailed explanation of the Supreme Court’s Spokeo[1] opinion can be found on the …
Clearer Skies Ahead for HIPPA-Covered Entities Using Cloud Service Providers
10/27/16
By: Mandy Proctor
Earlier this month, the Department of Health and Human Services’ Office of Civil Rights (OCR) issued guidelines to HIPPA-covered entities that use or may use cloud service providers (CSPs) in connection with the processing of electronic Personal …
USCIS Increases Fees
10/26/16
By: Agne Krutules
On October 24, 2016, U.S. Citizenship and Immigration Services announced a final rule published in the Federal Register adjusting the fees required for most immigration applications and petitions. The fees increased by a weighted average of 21 …