9/5/14
By: Gautam Y. Reddy
The liability of brand-name and generic drug manufacturers regarding failure to warn claims continues to be a hot button issue in state courts across the country. Just two weeks ago, we wrote about how the Alabama …
Author: Sean Carroll
"Sovereign Citizen” Top Terrorist Threat?
8/27/14
By now, most local governments at least have heard of the so-called “Sovereign Citizen” movement, even if they have not had the dubious pleasure of dealing with one of its members. The term “Sovereign Citizen” applies to …
A Solution to Medical Professional Texting And HIPAA Compliance
8/26/14
By: J. Scott Rees
Everyone texts today – your kids, your friends, your doctors. With electronic health records (EHR) going from a trend to the mandated standard, digital and electronic technologies have become fully integrated into nearly every aspect …
8/21/14
By: Michael P. Bruyere and Michael J. Eshman
After the U.S. Supreme Court’s decision in Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011) holding that a generic drug manufacturer generally cannot be liable for a failure-to-warn state law …
NLRB Claims Franchisor and Franchisees are ‘Joint Employers’ – Is McDonald’s Just The First?
8/19/14
By: Bradley T. Adler and Frank H. Hupfl, III
In a surprising departure from established Board precedent, the National Labor Relations Office of the General Counsel announced on July 29, 2014 that it had authorized the NLRB’s Regional Directors …
Members of Congress Seek TCPA Revisions
8/18/14
By: Matthew N. Foree
Ten members of Congress have recently submitted correspondence to the Chairman of the Federal Communications Commission (“FCC”) urging the FCC to revise the Telephone Consumer Protection Act (“TCPA”). They frame the issue at stake as “a …
NJ Adopts "Ban the Box" Requirements
8/15/14
By: Joyce M. Mocek
Recently, New Jersey joined the growing number of states prohibiting employers from asking about applicants’ criminal histories in the hiring process.
“The Opportunity to Compete Act”, signed by New Jersey Governor Christie this week, goes into …
Employer Beware: BYOD and the Remote Data Wipe
8/13/14
By: Kacie L. Manisco
A growing number of companies have implemented Bring Your Own Device (BYOD) programs that allow employees to use their own phones and devices for both business and personal activities. Such programs benefit employers and employees alike, …
Does Your Liability Insurance Protect You Against Immigration Enforcement?
8/6/14
By: Kelly Eisenlohr-Moul
Employers — do you assume that one of your insurance policies covers immigration enforcement actions — such as an investigation by the Department of Justice (DOJ), Immigration and Customs Enforcement (ICE), or U.S. Customs and Immigration Services …
Don't Sue The County if Your Car is Damaged by a Pothole…One Time
7/31/14
By: Coleen D. Hosack
Can you maintain suit against the county that builds and maintains your roads if your car hits a pothole and is damaged as a result? Probably not — unless your car hits that pothole more than …
VISA Issues Security Alert Due to Increased Data Breaches Caused by Insecure Remote Access
7/30/14
By: David Cole
When a merchant experiences a data breach involving credit card information, it is often required by the card brands to hire a Payment Card Industry Forensic Investigator (PFI). The PFI investigates the incident and then provides a …
Recent Georgia Court of Appeals Decision a Cautionary Tale for Subcontractors
7/28/14
By: Gautam Y. Reddy
The Georgia Court of Appeals recently issued an opinion dismissing a paving subcontractor’s claims for payment. The case, First Bank of Georgia v. Robertson Grading, Inc., (Case No. A14A0701), represents a rather harsh result for …