FMG’s BlogLine features an array of articles written by our attorneys who cover recent legal trends and developments both locally and nationally. Explore our blogs on a multitude of legal and industry topics.
Requirements on Developers and Public Water Authorities
7/1/10
By Will Tate On June 2, 2010, Governor Sonny Perdue signed the Water Stewardship Act of 2010 (the “Water Act”). The Water Act contains several new requirements concerning developers and builders. The first, codified at O.C.G.A. § 12-5-180.1(c), requires all multifamily residential buildings permitted on or after July 1, 2012 be constructed so as to allow metering…
The Evolving Duty to Settle: A Foundation Made of Shifting Sand
7/1/10
By Philip W. Savrin and Jonathan J. Kandel Many are familiar with the delineation between the duties to defend and to indemnify that are owed by an insurer to its insured. A third duty has emerged in the case law, however, that has no explicit contractual source: the obligation to settle a claim in certain…
7/1/10
By Sun Choy, Josh Portnoy The Georgia General Assembly ended its 2010 legislative session on April 29, 2010. The three main areas addressed by the General Assembly this year were education, transportation, and conservation.
Local Governments Should Consider SPLOST Tax in Difficult Economic Conditions
7/1/10
By Dana Maine Many local governments are feeling the budgetary pinch of the down economy. Local governments should be aware that Georgia law provides an excellent economic vehicle to fund capital outlay projects during tough economic times called a SPLOST tax. SPLOSTs are advantageous because they spread tax liability to non-residents, allowing them to continue…
New Federal Contract and Notice Requirements Go Into Effect on June 21
6/16/10
By Ben Mathis The Federal Register has posted the final rule regarding Executive Order 13496. This Executive Order requires that, beginning on June 21, all contractors and subcontractors who work on a contract with a federal agency must post a notice to employees of their rights under the National Labor Relations Act (NLRA). In addition,…
"Racial Profiling" in Arizona: Sensational Press vs. Legal Reality
6/1/10
By Sun S. Choy Not surprisingly, Arizona Senate Bill 1070 has stirred up a lot of controversy and sensational press regarding “racial profiling,” not only in Arizona, but across America. With calls for economic boycotts and legal challenges on one end of the political spectrum and the need for “law and order” and proactive enforcement…
5/6/10
By Philip W. Savrin The Supreme Court of Georgia has answered a lingering question as to whether an insurer can assert coverage defenses when it has defended its insured without a reservation of rights absent a showing of prejudice to the insured. InWorld Harvest Church, Inc. v. GuideOne Mutual Insurance Company, Case No. S10Q0341 (Ga. May…
NLRA Provides Protections Even to Non-Union Employees
5/1/10
By Ben Mathis and Jonathan Kandel A recent case out of the Fourth Circuit Court of Appeals – which covers South Carolina, North Carolina, West Virginia, and Virginia – highlights how a non-union employer can violate the National Labor Relations Act (“NLRA”). In Alton H. Piester LLC v. NLRB, the court found that the non-union employer…
Sex, Lies, Academic Studies – Fulton County Adult Entertainment Ordinance Upheld
5/1/10
By Dana Maine In a very recent decision, the Eleventh Circuit Court of Appeals in Flanigan’s Enterprises, Inc. of Georgia v. Fulton County, Georgia, No. 08-17035, 2010 WL 520542 (11th Cir. 2010), issued a decision providing guidance on the evidentiary support necessary for enacting an adult entertainment ordinance. The decision confirms the appropriateness of reliance on…