The Redistricting Process for Local Governments
6/1/11
By Bobby Baker
The United States Constitution requires a census be done every ten years for the purpose of redistricting Congress, but every state and local government entity must also adjust their district lines as a result of population changes. …
Differing Site Condition Clause Pays Off for Georgia Contractor
6/1/11
By Bart Gary
Differing site conditions (DSC), sometimes called changed site conditions, are latent conditions on, in, or under the construction site that were not anticipated by the parties in their contract or that were not shown on the plans, …
Data Breach Liability – Are You Prepared?
6/1/11
By Ben Mathis and Mary Anne Ackourey
The potential for data breach liability is a financial risk that many companies and public entities are just beginning to recognize and address. Unfortunately, for too many, the significant financial liability they can …
Flint & Adler Attorneys Join FMG
5/16/11
Dear Friends,
We are pleased to announce that the attorneys of the Atlanta litigation firm of Flint & Adler, LLP have merged with our law firm.
Founding attorneys Mike Flint and Shira Adler Crittendon have become FMG partners. Scott Rees…
OFCCP Proposes New Regulations Covering Military Veterans
5/5/11
By Ben Mathis
The OFCCP has issued a notice of proposed rulemaking recommending proposed regulations regarding the affirmative action obligations and non-discrimination rules for protected veterans. These regulations, if finalized, would affect all employers with a single government contract valued …
Unintended Consequences of Tort Reform – A Hidden Danger
5/1/11
By Seth Kirby
In July of 2010 the Georgia Court of Appeals held that Georgia’s Tort Reform Act of 2005 requires juries to apportion damages among responsible parties even if the plaintiff is not partly at fault. The decision in …
Georgia Legislature Passes Strict, “Arizona-Style” Immigration Bill
4/20/11
By Ben Mathis & Kelly Morrison
On April 14, the Georgia state legislature passed immigrant legislation (HB87) on April 14, the final day of its 2011 session. Governor Nathan Deal announced that he approves of and will sign the bill. …
The Dash to the End of the Session
4/1/11
By Bobby Baker
The legislative crossover day (Day 30) has come and gone with some interesting results regarding what bills are still alive and those that aren’t. With less than 10 days left on the legislative calendar, Sine Die is …
Georgia Supreme Court Broadens Definition of “Occurrence” in CGL Policies
4/1/11
By Phil Savrin and Leanne Prybylski
In a decision issued March 7, 2011, the Supreme Court of Georgia ruled that the term “occurrence” as used in commercial general liability (CGL) policies is satisfied where the loss is unintended even if …
Supreme Court Expands Retaliation Protection for Wage Complaints
4/1/11
By Mary Anne Ackourey
In Kasten vs. Saint-Gobain Performance Plastics Corp., the United States Supreme Court has prohibited employer retaliation against employees who make oral complaints of violations of the Fair Labor Standards Act (FLSA). The FLSA sets employment …
Supreme Court Clarifies "Cats Paw" Liability for Discrimination Claims
3/8/11
By Ben Mathis and Jonathan Kandel
The U.S. Supreme Court has issued a decision that could leave employers liable for discrimination even if the ultimate decisionmaker has no discriminatory animus. The Court held that an employer can be liable based …
Outside Sales Employees – Are You Paying Them In Compliance With The FLSA?
3/1/11
By Brad Adler
Employers often are warned about the significant dangers associated with misclassifying workers for purposes of avoiding overtime under the “white collar” exemptions, such as the administrative, executive and professional exemptions. There is, however, another exemption to the …