Eleventh Circuit Approves of County’s Evidentiary Support for Adult Entertainment Ordinance
2/17/10
By Dana Maine
Yesterday, a panel of the Eleventh Circuit Court of Appeals issued a decision providing guidance on the evidentiary support necessary for enacting an adult entertainment ordinance. The decision supports a government’s reliance on studies and empirical evidence …
The Eleventh Circuit Draws Fine Line Between Actionable And Un-Actionable Sexually-Charged Banter In The Workplace
2/1/10
By Fred Dawkins and Amy Combs
Two cases recently addressed by the federal appeals court for Georgia, Alabama, and Florida have drawn a fine distinction between language constituting sexual harassment and language found not to constitute actionable sexual harassment. Both …
Simply "Going through the Motions" With E-Discovery Creates Serious Risks
2/1/10
By David Cole
It is easy to understand that intentionally destroying evidence during a lawsuit will get you into serious trouble. But an important federal case published last week is making waves in the world of e-discovery because it demonstrates
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U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers
1/27/10
Yesterday, the U.S. Department of Transportation (DOT) announced a federal guidance that prohibits commercial motor vehicle drivers from texting while driving. The prohibition is effective immediately and carries civil or criminal penalties of up to $2,750. This guidance is the …
EEOC Charges Reach Second Highest Level In 20 Years
1/1/10
By Brad Adler
The Equal Employment Opportunity Commission (EEOC) released its 2009 fiscal year performance and accountability report, and the numbers continue to reflect that employment issues are a major liability concern for employers. During the EEOC’s 2009 fiscal year,
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Arbitration or Litigation, Now That is the Question!
1/1/10
By Will Tate
During contract negotiations, members of the construction industry must decide whether to send their disputes (if any) to private arbitration or to litigation through the court system. Unfortunately, more times than not, these dispute resolution procedures are
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2010 Economic Forecast Predicts Continued Difficulties
1/1/10
By Ben Mathis
Dr. Albert Niemi, currently the Dean of the Cox Business College at Southern Methodist University, recently gave his annual economic forecast at a meeting in Atlanta at the invitation of the Bank of North Georgia – a
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Obama Signs COBRA Subsidy Extension
12/22/09
By: Kelly E. Morrison
On Saturday, December 19, President Obama signed H.R. 3326, a defense appropriations bill with a continuation provision that will let involuntarily terminated workers seek the temporary 65% Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy extension until …
New “Equal Employment Is The Law” Poster Released
12/4/09
By Bradley T. Adler and Jonathan J. Kandel
The Equal Employment Opportunity Commission (“EEOC”) recently updated its “Equal Employment is the Law” poster. All employers subject to federal antidiscrimination statutes like Title VII of the Civil Rights Act, the Americans …
FMLA Protections Expanded For Military Families.
10/30/09
On October 28, 2009, President Obama signed into law the National Defense Authorization Act of 2010. Section 565 of the Act amends the Family Medical Leave Act (“FMLA”) by expanding the provisions enacted in 2008 for family members of military …
Insurers Beware: Extra-Contractual Liability Lurks In Policy Limits Demands
10/23/09
By: Phil Savrin and Darl Champion
The Georgia Supreme Court has issued an important decision on an insurer’s exposure to extra-contractual damages when rejecting a settlement demand within policy limits. In Fortner v. Grange Mut. Ins. Co., Case No. …
Federal Contractor E-Verify Requirement Upheld
8/28/09
By Benton J. Mathis, Jr. and Kelly E. Morrison
On August 26, 2009, paving the way for full implementation on September 8, 2009, the US District Court for the District of Maryland upheld the Department of Homeland Security’s (DHS) E-Verify …