Open Government, Retaliation and Redress: Case Study from Florida
12/6/19
By: Michael Kouskoutis
Florida is well known for its robust public records law, where, upon receipt of a public records request, custodians of public records are required to promptly acknowledge the request, then permit the requested records to be inspected …
The Ethical Duty of Technology Competence – The Day is Coming in California
12/5/19
By: Renata Hoddinott
Recognizing the emergence of technology, its impact on the practice of law, and the importance of lawyers understanding technology, the American Bar Association modified its Model Rules in 2012 to make clear a lawyer’s duty of competence …
Holiday Office Parties: Serving Up Both Cheer … and Fear!
12/3/19
By: Melissa Whitehead
There is no doubt that the Holiday Season is in full swing – and that means workplace holiday parties! While these festive events are great for increasing workplace camaraderie and celebrating achievements of the year, they are …
Current Legal Issues Facing Supportive Housing Facilities
12/2/19
By: Joseph Colette
FMG Partner H. Joseph Colette discussed “Current Legal Issues Facing Supportive Housing Facilities” at the Georgia Supportive Housing Association’s 9th Annual Supportive Housing Conference, held at the State Bar of Georgia from November 18th to …
KPMG Owes No Damages to College For Not Detecting Student Loan Fraud Scheme
11/22/19
By: Nancy Reimer
After a three-week trial, a Massachusetts jury held on November 19, 2019 that “big four” accounting firm, KPMG LLC, owed no damages to Merrimack College even though it was negligent and did not detect a former Merrimack …
Pennsylvania Taking Steps to Help the Small Contractor
11/21/19
By: Josh Ferguson
There are currently two bills in the Pennsylvania House of Representatives intended to limit the ability of property owners, managers and general contractors from pushing their liability onto the sub-contractors.
Pennsylvania State Representatives introduced House Bill 1887, …
Georgia’s Statute of Repose Bars Contractual Claims Involving Deficient Construction
11/21/19
By: Jake Carroll
Georgia’s statute of repose provides an eight (8) year deadline for actions seeking to recover damages for deficiencies in construction.[1] The period runs from the substantial completion of the work, and was enacted with the intent …
One if by land, . . . ZERO if by sea? (Apologies to Paul Revere) The Trapdoor of COGSA
11/18/19
By: Jon Tisdale
Lawyers who represent businesses who ship goods around the world need to protect their clients (and themselves) from the congressionally-mandated trapdoor of the Carriage of Goods By Sea Act (COGSA). We now live in a world where …
Changes In Store for California HOA Elections
11/18/19
By: Nicole Clowdsley
With 2020 fast approaching, California HOAs should be proactively preparing to comply with a litany of new statutorily mandated changes to their election processes. On October 12, 2019, California Governor Gavin Newsom signed Senate Bill 323 into …
When is Enough Enough? A Claim of Legal Malpractice in the Course of Settlement Negotiations
11/15/19
By: Jake Loken
The Georgia Court of Appeals confirmed in Smiley v. Blasingame, Burch, Garrard & Ashley, P.C., decided on October 30, 2019, that when a claim of malpractice occurs regarding settlement negotiations, an alleged breach is immaterial if a …
In the Driver’s Seat: Supreme Court Hears Oral Arguments in Kansas v. Glover
11/11/19
By: Rachael Slimmon
On November 4, the United States Supreme Court held oral arguments in the case of Kansas v. Glover. The Court examined whether a police officer may conduct a traffic stop solely because the vehicle’s registered owner …
Florida Legislature is One Among Several Pushing for Mandatory Use of “E-Verify”
11/8/19
By: Melissa Santalone
A Florida State Senator has filed a bill that would require, beginning January 1, 2021, all Florida businesses to use the “E-Verify” system to check whether each newly hired employee is authorized to work in the U.S. …