Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
Wendy’s Hit with EMV Related Data Breach Class Action Lawsuit
2/19/16
By: Behnam Salehi and Jonathan Romvary
A class action lawsuit has been filed against the fast food chain Wendy’s claiming it failed to adequately safeguard customer payment and other personally identifiable information (“PII”). The lawsuit also alleges that Wendy’s failed …
New Decisions Applying the Amended Federal Rules of Civil Procedure
2/11/16
By: Ryan Babcock
On December 1, 2015, the Federal Rules of Civil Procedure were amended, and the federal district courts across the country are starting to apply them to pending cases. In a nutshell, those amendments were in large part …
SCOTUS Holds that Unaccepted Offer of Judgment Does Not Moot Plaintiff’s Case
1/21/16
By: Matt Foree
Yesterday, the Supreme Court of the United States issued its opinion in the Campbell-Ewald Co. v. Gomez case. In that opinion, the Court held that an unaccepted settlement offer or offer of judgment does not moot a …
MDL Procedures At-Risk For Closer Scrutiny Going Forward
1/21/16
By: Ryan Babcock
For years, the resolution of large-impact product defect and personal injury litigation has been shifting away from class actions in favor of Multidistrict Litigation cases that are consolidated in front of one judge in the federal and …
SCOTUS Hears Case on Effect of TCPA Offer of Judgment
1/8/16
By: Matt Foree
The U.S. Supreme Court recently heard oral argument on a case affecting the resolution of Telephone Consumer Protection Act (“TCPA”) cases in which a defendant has submitted a Rule 68 Offer of Judgment to a plaintiff. The …
Georgia And California Increase Scrutiny Of Employee Loyalty And No-Rehire Provisions As Restraints Of Trade
9/2/15
By: Mike Wolak
Restrictive covenants typically involve the “big three”: agreements not to compete, not to solicit the Company’s customers, and not to raid the Company’s staff upon separation from employment. As a result, the language of the “big three” …
Petitioners Submit Statements of Issues in Appeal of FCC’s TCPA Ruling
8/20/15
By: Matt Foree
As reported previously, the Federal Communications Commission (FCC) issued its Declaratory Ruling and Order (Order) regarding the Telephone Consumer Protection Act (TCPA) on July 10, 2015. That ruling was immediately appealed by several business organizations …
FCC Issues TCPA Declaratory Ruling and Order
7/20/15
By: Matt Foree
As reported previously, on June 18, 2015, the Federal Communications Commission (FCC) issued a press release about its new declaratory rulings. The FCC recently published its 138-page Declaratory Ruling and Order (“Declaratory Ruling”), which was intended …
Franchisor: Enforce the Agreement or be On the Hook
7/17/15
By: Jeff Grate
Recently, in defending a franchisor allegedly responsible for the negligence of its franchisee, an interesting issue arose out of the denial of the franchisor’s motion for summary judgment. Before preparing our motion, we understood the existing case …
FCC Announces New TCPA Declaratory Rulings
6/26/15
By: Matthew N. Foree
Last week, the Federal Communications Commission (FCC) announced in a press release that it issued a package of declaratory rulings regarding the Telephone Consumer Protection Act (TCPA). The FCC declared that it “adopted a proposal to …
Eleventh Circuit Rules Software’s “Features and Functions” Not a Trade Secret in Absence of Written Confidentiality Agreement
6/23/15
By: Michael Wolak, III
The Eleventh Circuit Court of Appeals’ recent opinion in Warehouse Solutions, Inc. v. Integrated Logistics, LLC, et al., 2015 WL 2151757 (May 8, 2015), is an important reminder that written confidentiality and non-disclosure agreements …