FMG staffs the Bell & Clements IP LPL Risk Management Hotline. This hotline is only for insureds of Bell & Clements who have an active policy of insurance.
If you are calling for specific legal advice for risk management or a potential claim that will necessitate our first establishing an attorney-client and privileged consultation, you will need to first submit a request for consultation form and agree to the terms of our consultation. Please note that no attorney-client relationship will be formed nor exist, between the Bell & Clements insured (“you”) and Freeman Mathis & Gary, LLP, (“FMG”) unless and until (1) you complete the below Request for Consultation Form, (2) you agree to the terms and conditions of the engagement as set forth in the attached agreement (3) FMG advises you there are no conflicts in connection with the potential consultation, and (4) FMG accepts the request and agrees to consult with you.
In the event FMG accepts your request, you will thereafter be eligible for 2 hours of legal consultation free of charge. Please note, the activities and/or tasks to be completed [within these unpaid hours] are solely within FMG’s discretion.
Fees & Billing: In the event FMG accepts your request, you will thereafter be eligible for 2 hours of legal representation free of charge. Any additional representation beyond the complimentary hours is conditioned upon your prior acknowledgment and agreement in writing to be responsible for and pay any additional legal fees and expenses at the agreed-upon Bell & Clements agreed hourly rate beginning at the time of your acceptance. In other words, you will not be charged for any fees beyond the 2-hour free consultation, unless and until you agree to additional paid consultation and services.
*Please review and agree to the below terms and conditions of representation if my request for consultation is accepted by FMG.
Medical Malpractice Damage Caps Struck Down
3/23/10
By Philip W. Savrin and Jonathan J. Kandel Six months after hearing oral arguments in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 2010 WL 1004996 (Ga. Mar. 22, 2010), the Georgia Supreme Court struck down O.C.G.A. § 51-13-1, which had limited damages in medical malpractice cases. The statute, which was originally enacted in 2005 as part of the Georgia Tort…
The Supreme Court of Georgia Upholds the Offer of Settlement Statute
3/15/10
By: Matthew P. Stone and Todd H. Surden Today, in Smith v. Salon Baptiste, 2010 WL 889557 (Ga. Mar. 15, 2010), the Supreme Court of Georgia upheld O.C.G.A. § 9-11-68, Georgia’s offer of settlement statute. The statute, which is part of Georgia’s Tort Reform Act of 2005, allows a defendant to recover reasonable attorney’s fees and expenses of litigation…
Non-settling Co-defendants Be Warned: Set-offs May Be Dead in Georgia
3/1/10
By Sun Choy and Jacob E. Daly In personal injury cases, plaintiffs often sue multiple defendants with “deep pockets” in order to maximize the potential for recovery. If the defendants are determined to be joint tortfeasors, then all defendants are jointly and severally liable for the full amount of the plaintiff’s damages. Consequently, a joint…
Rigid Leave Policies Draw EEOC Ire
3/1/10
By Fred Dawkins and Betsy Turner In early February, the Equal Employment Opportunity Commission (EEOC) finalized the largest single-lawsuit Americans with Disabilities Act (ADA) settlement in its history. Pursuant to that settlement, Sears will distribute $6.2 million to resolve the ADA claims of 235 former employees. In the suit, the EEOC alleged that Sears maintained…
Understanding the Perils of Submitting an Incorrect Public Works Bid
3/1/10
By Arthur Ebbs There is no denying that private construction work is generally down in the present economy. Yet during this lull in private work, it is anticipated that funds from the American Reinvestment and Recovery Act will ultimately provide increased opportunities for contractors to compete for public work. However, bidding on and performing public…
FMG Joins PLAN Network of Law Firms
3/1/10
By Ben Mathis – Managing Partner FMG is pleased to announce that it has become a member of the Professional Lines Attorney Network (PLAN). PLAN is an invitation-only national organization of specialty litigation law firms that have significant professional lines litigation and insurance coverage practices.
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 of negative secondary effects when adopting these ordinances, and makes it more difficult for adult…
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 cases involve comments of a sexual nature, with each case reaching a different result, highlighting…
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 that companies risk serious consequences, even when they do not intentionally destroy evidence, by simply…