Data Breach Liability – Are You Prepared?
By Ben Mathis and Mary Anne Ackourey The potential for data breach liability is a financial risk that many companies and public entities are just beginning to recognize and address. Unfortunately, for too many, the significant financial liability they can incur becomes apparent only when it is too late.
Flint & Adler Attorneys Join FMG
Dear Friends, We are pleased to announce that the attorneys of the Atlanta litigation firm of Flint & Adler, LLP have merged with our law firm. Founding attorneys Mike Flint and Shira Adler Crittendon have become FMG partners. Scott Rees has joined us as of counsel and Laura Broome as an associate.
OFCCP Proposes New Regulations Covering Military Veterans
By Ben Mathis The OFCCP has issued a notice of proposed rulemaking recommending proposed regulations regarding the affirmative action obligations and non-discrimination rules for protected veterans. These regulations, if finalized, would affect all employers with a single government contract valued at $100,000 or more and 50 or more employees.
Unintended Consequences of Tort Reform – A Hidden Danger
By Seth Kirby In July of 2010 the Georgia Court of Appeals held that Georgia’s Tort Reform Act of 2005 requires juries to apportion damages among responsible parties even if the plaintiff is not partly at fault. The decision in Cavalier Convenience, Inc. v. Sarvis recognized that the Tort Reform Act changed the prior law that had…
Georgia Legislature Passes Strict, “Arizona-Style” Immigration Bill
By Ben Mathis & Kelly Morrison On April 14, the Georgia state legislature passed immigrant legislation (HB87) on April 14, the final day of its 2011 session. Governor Nathan Deal announced that he approves of and will sign the bill. HB87 is strict, mandating that, effective July 1, 2013, any private company with more than 10 full-time employees, along with…
The Dash to the End of the Session
By Bobby Baker The legislative crossover day (Day 30) has come and gone with some interesting results regarding what bills are still alive and those that aren’t. With less than 10 days left on the legislative calendar, Sine Die is scheduled for April 14, and there is a lot left to be done.
Georgia Supreme Court Broadens Definition of “Occurrence” in CGL Policies
By Phil Savrin and Leanne Prybylski In a decision issued March 7, 2011, the Supreme Court of Georgia ruled that the term “occurrence” as used in commercial general liability (CGL) policies is satisfied where the loss is unintended even if the insured acted intentionally. Prior to this ruling, Georgia courts were divided on whether the…
Supreme Court Expands Retaliation Protection for Wage Complaints
By Mary Anne Ackourey In Kasten vs. Saint-Gobain Performance Plastics Corp., the United States Supreme Court has prohibited employer retaliation against employees who make oral complaints of violations of the Fair Labor Standards Act (FLSA). The FLSA sets employment rules concerning minimum wages, maximum hours, and overtime pay and includes an anti-retaliation provision that protects employees…
Supreme Court Clarifies "Cats Paw" Liability for Discrimination Claims
By Ben Mathis and Jonathan Kandel The U.S. Supreme Court has issued a decision that could leave employers liable for discrimination even if the ultimate decisionmaker has no discriminatory animus. The Court held that an employer can be liable based on the discriminatory animus of an employee who influences, but does not make, the ultimate employment decision.