7/6/15
By: E. Andrew Treese
It has been clear for some time that a duty to preserve evidence is triggered by actual notice of pending or contemplated litigation. Last week the Supreme Court of Georgia held that the duty is also …
Author: Sean Carroll
FCC Announces New TCPA Declaratory Rulings
6/26/15
By: Matthew N. Foree
Last week, the Federal Communications Commission (FCC) announced in a press release that it issued a package of declaratory rulings regarding the Telephone Consumer Protection Act (TCPA). The FCC declared that it “adopted a proposal to …
Uber Suffers Another Setback In Defending Classification Of Its Drivers As Independent Contractors
6/26/15
Uber, an extraordinarily successful and technology-driven transportation company, has suffered another setback in its attempt to fend off legal challenges to its practice of classifying its drivers as independent contractors rather than employees. The final …
6/24/15
By: Abby A. Vineyard
Last week, the Georgia Supreme Court held that, where a lawsuit involves a question as to the validity of a hospital lien for charges for a patient’s care, the patient challenging the reasonableness of the charges …
Employers Should Start Using New FMLA Certification Forms
6/24/15
By: David Cole
The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. The new forms include the following:
…
6/23/15
The Eleventh Circuit Court of Appeals’ recent opinion in Warehouse Solutions, Inc. v. Integrated Logistics, LLC, et al., 2015 WL 2151757 (May 8, 2015), is an important reminder that written confidentiality and non-disclosure agreements …
S.E.C. Warns Customers and Financial Advisors Regarding Overstated Credentials
6/8/15
They say everybody does it. Embellishing your resume to get a job, attract business or get ahead in this highly competitive world. Well, if you work in the financial services industry and are trying to …
6/5/15
By: Joyce M. Mocek
Earlier this week the U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch Stores, Inc. that Abercrombie & Fitch, a retail chain, may have violated Title VII of the Civil Rights Act of 1964 …
MasterCard and Target’s Settlement Agreement Falls Through
6/4/15
The proposed $19 million settlement between MasterCard and Target over the 2013 data breach has fallen through after not enough banks accepted the deal. Under the settlement announced last month, Target agreed to set aside $19 …
Employer's Duty to Monitor Fees of Retirement Plans
5/22/15
By: Joyce M. Mocek
Last week the U.S. Supreme Court, in Tribble v. Edison International, No. 13-550 (S.C. May 18, 2015) held that employers have a continuing duty to keep watch and monitor Employment Retirement Income Securities …
5/20/15
By: Andy Treese and Charles Reed, Jr.
Law enforcement and other government agencies have been given considerable power in confiscating and otherwise prohibiting the use of property owned, used or possessed by persons suspected of criminal activity. What happens to …
5/20/15
By: Andy Treese and Charles Reed, Jr.
When Congress codified citizens’ access to courts regardless of their ability to pay costs, federal courts quickly became inundated with prisoner lawsuits. Congress, in turn, enacted the “three strikes” provision in 28 U. …