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.
8/16/21
By: William H. Buechner, Jr. The Eighth Circuit recently issued the first federal appellate decision regarding a claim asserting business interruption coverage because of COVID-19. In Oral Surgeons, P.C. v. The Cincinnati Ins. Co., 2021 U.S. App. LEXIS 19775 (8th Cir. July 2, 2021), the insured offered oral and maxillofacial surgery at four offices in the…
8/13/21
By: Brian Goldberg and Nicolas Bohorquez On August 13, 2021, U.S. District Judge Dabney L. Friedrich denied the Plaintiff Alabama Association of Realtor, et. al.’s Emergency Motion to Enforce the Supreme Court’s Ruling and to Vacate the Stay Pending Appeal filed in U.S. District Court, District of Columbia, Case No. 20-cv-3377 (DLF). In denying the…
Critical development in Ninth Circuit self-incrimination Caselaw
8/13/21
By: Parisa Saleki The Ninth Circuit recently held that where a police officer obtains a suspect’s statements in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and prosecutors introduce those statements at a state criminal trial, the suspect may assert a §1983 claim for damages against the officer. Tekoh v. County of Los Angeles, 985 F.3d…
No liability for property owners under Georgia’s Gang Act
8/12/21
By: Rachael Slimmon On June 21, 2021, the Georgia Supreme Court addressed whether a property owner can be held liable for damages arising from a nuisance claim under the Georgia Street Gang Terrorism and Prevention Act. Star Residential, LLC et al. v. Hernandez resolved an issue based on a statute seemingly written to penalize gang members…
8/11/21
By: Adam Khan On July 15, 2021, the California Supreme Court delivered a victory for employees and an equally tough blow to California employers. In Jessica Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held employers must pay meal and rest period premiums for each workday an employee was not provided a meal…
Is Mayor Bottoms’ executive order an employer mandate?
8/10/21
By: Jacob McClendon The impact of the COVID-19 pandemic continues to be felt by businesses across the country. The new, highly transmissible Delta variant has heightened the concerns of public health authorities and threatens to disrupt a long-awaited return to normal. On July 27, 2021, the Atlanta-based CDC recommended that individuals wear a mask indoors…
8/9/21
By: Nicholas Jajko The crack in the foundation of Attorney Work Product and Client Communication Privilege protections for data breach forensic investigation reports was further eroded by a recent Federal district court ruling. The Magistrate Judge in a Middle District of Pennsylvania data breach class action granted Plaintiffs’ letter motion to compel an investigation report…
It’s a crowd: Colorado joins California and Virginia in passing consumer privacy legislation
8/6/21
By William W. Cheney On July 7, 2021, Colorado passed the Colorado Privacy Act (“CPA”), becoming the third state, joining California and Virginia, to enact comprehensive consumer privacy legislation. The CPA will not go into effect, however, until July 1, 2023. Moreover, Colorado Governor Jared Polis noted in signing the bill that it “will require clean-up legislation next year, and in fact, the sponsors, proponents, industry, and consumers…
Up in smoke: Georgia Supreme Court’s ruling sparks a fire and keeps attorneys in the stone(d) age
8/5/21
Since many states have passed legislation decriminalizing cannabis, approving its medicinal use, and even out-right legalizing it, entrepreneurs are seeking legal advice on how to establish and run their businesses. In light of the continuing illegality on the federal level, state bar associations have been grappling with rules governing attorney conduct in the industry. It…