New Limitations to Application of Georgia Restrictive Covenants Act
5/23/13
By: Joyce Mocek
Recently, a Fulton County Superior Court judge, in an unpublished order in the case of Cone v. Marietta Recycling Corporation, limited the application of the Georgia Restrictive Covenants Act, and provided guidance on whether a company …
FTC Guidance for Online Protection for Children
5/14/13
By: Matt Foree
A byproduct of widespread use of the internet is its inevitable use by young children. Today, children have access to the internet through computers, smartphones and countless other electronic devices. To protect the privacy of children online, …
Cumulative Does Not Always Mean Harmless
5/8/13
By: Scott Rees
In Thomas v. The Emory Clinic, Inc. (March 26, 2013), the Georgia Court of Appeals addressed the issue of a trial court improperly allowing hearsay evidence during a trial when that improper evidence is cumulative of other …
New HIPAA Rule Brings Sweeping Changes
5/2/13
By: David Cole
The wait is over. The new HIPAA omnibus rule that the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued in January officially took effect on March 22, 2013. The deadline for compliance …
Improving Physicians’ Bedside Manner: Saving Hospitals Dollars because it Makes Cents
4/25/13
By: William Ezzell
Recently, the Wall Street Journal reported on efforts by health care providers and educators alike to improve ways doctors communicate with patients. Following the scrutiny and reform of the health care industry over the past few years, …
NLRB Provides Guidance on Investigation Confidentiality Policies
4/22/13
By: Anthony Del Rio
In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling …
Does the Fourth Amendment Allow for a Forced Blood Draw after a DUI? – Part II
4/22/13
By: Sun Choy
In a previous post, I posed this question in light of the oral argument in Missouri v. McNeely. This week, the Supreme Court answered by holding that requiring a warrant under the Fourth Amendment “must be …
4/18/13
By: Dana Maine and William Ezzell
Following last month’s unanimous opinion from the Georgia Supreme Court that legal malpractice claims were not per se unassignable, the State Bar of Georgia successfully implemented a counterstrike aimed at barring the assignment of …
SCOTUS Rules Employers May “Pick-Off” FLSA Plaintiffs
4/18/13
By: Anthony Del Rio
The U.S. Supreme Court has issued its opinion on a case regarding whether an employer may “pick-off” the named plaintiff in a Fair Labor Standards Act (“FLSA”) collective action. The Court ruled 5-4 in favor of …
4/16/13
By: Coleen Hosack
A Probate Court Judge in the State of Georgia must issue a Weapons Carry License to a convicted felon even if no pardon is produced, if the applicant can produce an Order of Restoration issued by the …
Electronic Records Increase Incidence of Overlooked Test Results
4/12/13
By: Mary Ellen Lighthiser
Many health care providers have begun to shift towards digitizing health care records in an effort to streamline their clerical duties and free up more time to spend with patients. While the use of electronic medical …
Supreme Court Snuffs Warrantless Sniffs at the Stoop
4/9/13
By: Brian Dempsey
In a 5-4 decision, the Supreme Court recently decided that a narcotics detection canine’s sniff at the front door of a suspected marijuana grow house is a search requiring probable cause and a warrant. (Florida v. …