The Gig Economy, Uber, and the Future of Worker Classification
1/21/16
By: Behnam Salehi and Allison Shrallow
The “gig economy” is a unique business model in which companies connect consumers to various services through internet platforms. Instead of hiring employees to perform the services, most “gig economy” employers hire independent contractors …
SCOTUS Holds that Unaccepted Offer of Judgment Does Not Moot Plaintiff’s Case
1/21/16
By: Matt Foree
Yesterday, the Supreme Court of the United States issued its opinion in the Campbell-Ewald Co. v. Gomez case. In that opinion, the Court held that an unaccepted settlement offer or offer of judgment does not moot a …
MDL Procedures At-Risk For Closer Scrutiny Going Forward
1/21/16
By: Ryan Babcock
For years, the resolution of large-impact product defect and personal injury litigation has been shifting away from class actions in favor of Multidistrict Litigation cases that are consolidated in front of one judge in the federal and …
Insurance Application Omissions Not Enough to Rescind Policy
1/19/16
By: Kristian Smith
Insurers may need to pay closer attention to insurance applications. A Pennsylvania jury recently ruled that an insurer knew (or should have known) about omissions on an insurance application, preventing the insurer from rescinding the policy.
In …
Employers Win a Healthy Victory Against The EEOC on Employee Wellness Programs
1/19/16
By: Amanda Cash
While the EEOC filed multiple lawsuits in 2014 challenging the employee wellness programs of three different companies, employers won a significant victory on the last day of 2015 in the wellness program arena. On December 31, 2015, …
1/14/16
With less than three months left before the FY 2017 filing period, it is high time for employers to start gearing up for this year’s H-1B season.
Under the current cap system, the USCIS allots a …
The Tripartite Relationship: Minefield or Common Sense?
1/11/16
By: Jeremy W. Rogers
The tripartite relationship between the attorney, insurance carrier, and the insured, has been the subject of innumerable law review articles, blogs, seminar presentations, and other publications. The vast majority of these publications stress that the tripartite …
SCOTUS Hears Case on Effect of TCPA Offer of Judgment
1/8/16
By: Matt Foree
The U.S. Supreme Court recently heard oral argument on a case affecting the resolution of Telephone Consumer Protection Act (“TCPA”) cases in which a defendant has submitted a Rule 68 Offer of Judgment to a plaintiff. The …
Court of Appeals Clarifies Georgia Law Regarding Insurance Policy Notice Provisions
1/6/16
By: Connor Bateman
The Georgia Court of Appeals recently ruled in Plantation Pipe Line Co. v. Stonewall Ins. Co. that an insured’s two-year delay in notifying its excess liability insurer of potential third-party claims, although untimely as a matter of …
Drug Distributors May Find Themselves Without a Defense
12/23/15
By: Michael Bruyere and Kristian Smith
Rising prescription drug abuse has put drug distributors under scrutiny in the last few years. Now, pharmaceutical companies are being sued for the economic costs associated with the epidemic, but they may not be …
Zenefits Offering Payouts to Former Employees Not Paid Out for PTO
12/17/15
By: Allison Shrallow
The perks of working at a startup know no bounds. From restaurant-quality meals, in-office massages, yoga classes, transportation, and beer and wine on tap to game rooms, dog-friendly offices, and casual dress code, startup culture blurs the …
When is Housework Not Housework? Differences in Interpreting Georgia and Federal Minimum Wage Laws
12/17/15
By: Michael Hill
When it comes to interpreting statutes, the devil is in the details. The Georgia Supreme Court ruled recently that employees for third-party providers of in-home personal care services were not prohibited from receiving Georgia’s minimum wage even …
