Cyber Liability Lessons from Edward Snowden
11/5/13
By: Jonathan Kandel
Edward Snowden has been the “gift that keeps on giving” for the U.S. Government. Snowden, a former contractor employee for the NSA (National Security Agency), began leaking highly classified documents related to the NSA’s methods of intelligence …
New TCPA Regulations Effective October 16, 2013
10/11/13
By: Matt Foree
On October 16, 2013, new Federal Communications Commission (“FCC”) regulations regarding the Telephone Consumer Protection Act (“TCPA”) become effective. The TCPA prohibits, among other things, certain telemarketing calls made using an automatic telephone dialing system or an …
Lance Armstrong and the False Claims Act
8/23/13
By: Matt Foree
The 100th running of the Tour de France, the legendary cycling race through the picturesque countryside and mountains of France, concluded last month. It is difficult to discuss the sport of cycling without mentioning Lance Armstrong, …
New Georgia Court of Appeals Case Affirms Spoliation Sanctions Against Plaintiff
8/1/13
By: Wayne S. Melnick
One of the largest areas of developing Georgia law in recent years is regarding spoliation of evidence and under what circumstances a court can and should sanction a party for allowing spoliation to occur. Generally, spoliation …
TCPA Class Action on Opt-Out Confirmation Text Messages Dismissed
7/15/13
By: Matt Foree
A U.S. District Court in California recently dismissed a putative class action under the Telephone Consumer Protection Act (TCPA). See Holt v. Redbox Automated Retail, LLC, Case No. 11cv3046 (S.D. Cal. 2013). The matter concerned Defendant …
7/12/13
By: Wayne S. Melnick
Since they came into existence as part of the 2005 Tort Reform Act, Rule 68 Offers of Settlement have become an effective weapon in the defense attorney’s arsenal. Pursuant to O.C.G.A. § 9-11-68, these offers …
Georgia Court of Appeals Decides Rare Case on Electronic Discovery
6/27/13
By: Bart Gary
On June 18, 2013, the Georgia Court of Appeals decided a case involving electronic discovery. In a business dispute, and in response to about 100 unique requests for production of documents from the plaintiff, defendants scanned all …
Survey Finds Voters View U.S. Legal System Negatively
6/5/13
By: Matt Foree
Along with the U.S. Chamber Institute for Legal Reform’s study finding the U.S. legal system to be the most costly, the ILR also provided the results of a new national opinion survey regarding the civil legal …
Study Finds U.S. Legal System Most Costly
6/2/13
By: Matt Foree
A study released by the U.S. Chamber Institute for Legal Reform, conducted by NERA Economic Consulting, shows that the American legal system is the world’s most costly, with liability costs of 2.6 times the Eurozone average. International …
FTC Guidance for Online Protection for Children
5/14/13
By: Matt Foree
A byproduct of widespread use of the internet is its inevitable use by young children. Today, children have access to the internet through computers, smartphones and countless other electronic devices. To protect the privacy of children online, …
New HIPAA Rule Brings Sweeping Changes
5/2/13
By: David Cole
The wait is over. The new HIPAA omnibus rule that the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued in January officially took effect on March 22, 2013. The deadline for compliance …
FDIC Publicizes Failed Bank Settlements
3/28/13
By: Kelly Morrison
In an apparent response to criticism for their lack of transparency, the FDIC has published dozens of settlement agreements arising out of the now 106 lawsuits the agency has filed against failed banks. The FDIC has indicated …
