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.
Over There, But Still Here–U.S. Employment Laws in the Global Workplace
2/1/12
By Mary Anne Ackourey and La’Vonda McLean The globalization of American business activities has resulted in employers increasing the number of employees they place on international assignments. This presents a unique challenge regarding the applicability of United States employment laws to employees in a foreign workplace.
Ticking Time Bomb: Defusing the Ineffective Litigation Hold Letter
2/1/12
By Sun Choy and David Cole The pitfalls of e-discovery are real. The failure to preserve electronically stored information after receiving notice of litigation or once litigation becomes reasonably foreseeable may have serious consequences, including costly and potentially devastating sanctions on both parties and their counsel. According to a study published in the Duke Law…
NLRB Holds Arbitration Clauses that Restrict Class Actions Violate the NLRA
1/11/12
By Brad Adler and Anthony Del Rio On January 6, 2012, the National Labor Relations Board (NLRB) released a decision holding that employers cannot require employees to sign arbitration agreements that bar employees from bringing class (including collective) claims before a judicial body. D.R. Horton, Case 12-CA-25764 (NLRB Jan. 3, 2012). The ruling came down 2-0, supported by both…
Another Risk of Using Independent Contractors – Workers’ Compensation Laws
1/1/12
By Bart Gary and Leanne Prybylski Many businesses see the use of independent contractors as a way to circumvent laws applicable to employees, such as wage and hour laws, withholding of taxes and FICA and employee benefits. Frequently, the benefits are too good to be true. Add to the list of pitfalls, the workers’ compensation…
Georgia May Join Minority View of Assignability of Legal Malpractice Claims
1/1/12
By Dana Maine Georgia may be on its way to joining the minority of states holding that, under some circumstances, legal malpractice claims can be assigned. In a case of first impression, the Georgia Court of Appeals held in Villanueva v. First American Title Insurance Company that “malpractice claims are not per se unassignable.” The…
The Rise of Retaliation and Whistleblower Claims
1/1/12
By Ben Mathis and Anthony Del Rio Retaliation claims against employers are on the rise, and all employers must be cognizant of the increased legal risk of such claims. In 2010, for the first time ever, retaliation surpassed race discrimination and became the most common charge filed with the Equal Employment Opportunity Commission (EEOC). Since…
12/29/11
By Matt Stone In a further effort to reduce distracted driving, the Federal Motor Carrier Safety Administration (FMCSA) has issued rules restricting the use of mobile telephones while driving a commercial motor vehicle (CMV). The new rules apply to drivers and motor carriers, as well as to school bus operations and vehicles carrying 9-15 passengers not for…
First E-Verify Reports Due December 31st
12/16/11
By David Cole As the end of the year approaches, it is important for all Georgia employers to be aware of new requirements under the Georgia Illegal Immigration Reform and Enforcement Act of 2011. For cities and counties, their first annual E-Verify reports are due by December 31st, and their SAVE reports are due by January…
12/5/11
By Ben Mathis and Jonathan Kandel After several postponements, the National Labor Relations Board (“NLRB”) recently announced that it is going forward with a new rule requiring most private employers to post notices regarding employee rights under the National Labor Relations Act (“NLRA”). The posting requirement will be effective January 31, 2012. Codified at 29 C.F.R. § 104.202, the…