Georgia Court of Appeals Upholds Statute of Limitations Defense in Exterior Siding Case
1/9/18
By: Jan S. Sigman
In Georgia, a negligent construction action must be brought within four years from when the right of action accrues. The right of action accrues when the plaintiff first could have maintained the action to a successful …
1/8/18
By: Allan J. Hayes
Most businesses are subject to federal, state and local laws and regulations. The business value at stake from legislative and government regulatory intervention is huge: about 30 percent of earnings for companies in most industries, according …
FINRA Seeks to Tighten Rules for Expungement of Customer Dispute Information
1/5/18
By: Theodore C. Peters
What once was a relatively simple process of removing outdated or false information on a registered person’s CRD (Central Registration Depository) record has become increasingly complicated (and expensive) over the years. Bit by bit, securities regulators …
Is an Unethical Fee-Splitting Agreement Per Se Unenforceable? Perhaps Not
1/4/18
By: Mark C. Stephenson
Rule of Professional Conduct 5.4 limits the circumstances in which an attorney may share legal fees with a non-lawyer. A recent Pennsylvania Supreme Court decision considered what impact Rule 5.4 has on the claim that was …
1/3/18
By: Daniel C. Walsh
Happy 9th Birthday to bitcoin (“BTC”), easily one of the most controversial topics of 2017 that will surely continue to inspire debate through 2018. Nine years ago today, the very first block on the bitcoin …
12/22/17
By: Jake Carroll
Given the pace of construction in Florida over the past three decades, it should come as no surprise that the Sunshine State has a robust statutory scheme for construction defect claims. Indeed, Florida’s Construction Defects Statute, Chapter …
UPS Orders Tesla Electric Big Rigs – One Step Closer to Driverless Semis
12/22/17
By: Wayne S. Melnick
Last month, Tesla Motors announced that it was taking its electronic vehicle technology one step further with the unveiling of the Electric Semi Truck . If the numbers are to be believed, the Tesla Semi not …
12/21/17
By: Michael Kouskoutis
Despite the ubiquitous use of e-mail, Florida law provides no clear answer on the extent to which HOA members can access e-mail communications of the association’s board members. While Florida Statutes permit broad access to “official records …
Enforcing the Rules: Are HOA Fines Too Heavy, Too Light or Just Right
12/21/17
By: David G. Molinari
Nearly one quarter of Californians live in a community governed by an HOA. Associations use fines to curb violations of governing documents. Some associations use fines excessively, while others only rarely. How should fines be used …
Say Goodbye to Arbitration; Say Goodbye to Confidentiality?
12/20/17
By: Christopher M. Curci
On December 4, 2017, New Jersey state Senator Loretta Weinberg introduced Senate Bill S-3581. The bill aims to (1) eliminate arbitration provisions in employment agreements related to discrimination, retaliation, and harassment claims, and (2) eliminate confidentiality …
Gone In A Flash: NLRB Overrules Employee Handbook Standard
12/20/17
By: William E. Collins, Jr.
On December 14, 2017, in a case involving the Boeing Company, the National Labor Relations Board (“NLRB”) overruled the Lutheran Heritage workplace policy standard that stood for over 13 years, and ushered in a new …
A Look Ahead to 2018 Legislative Session
12/20/17
By: Allan J. Hayes
The Georgia General Assembly will convene on January 8, 2018 and adjourn after 40 legislative days (usually the end of March). With 2018 being an election year, there is likely to be as much politicking, positioning …