FDIC Ramps Up Failed-Bank Litigation in Georgia, Re-Asserts Ordinary Negligence Arguments
10/26/12
By: Kelly Morrison
Though the FDIC remained quiet through summer vacation and into early fall, they have once again filed suit against a failed Georgia bank, American United Bank of Lawrenceville, which was closed by regulators on October 23, 2009. …
October is Cybersecurity Awareness Month
10/15/12
By: Dave Cole
You may already know that October is National Breast Cancer Awareness Month, but did you know that it also is National Cybersecurity Awareness Month? In his proclamation of this as Cybersecurity Awareness Month, President Obama explained that, …
D&O Insurance Policies Now Tailored to Health Care Organizations
10/12/12
By: Kelly Morrison
The new wave of insurance policies explicitly addresses antitrust and HIPAA concerns unique to the medical industry.
Please visit the following link for more information: D&O Insurance for Healthcare Organizations: Our Prescription for Better Coverage.
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FINRA Clarifies “Know Your Customer” and “Suitability” Rules
9/17/12
By: Joyce Mocek
FINRA Rule 2090, effective July 9, 2012, has streamlined and replaced the former NASD Rule 405, the “Know Your Customer” standard. The new rule contains a “reasonable diligence” standard, compared to the old rule requirement of “use …
Data Breach Rising Liability Concern For Businesses
9/11/12
By: Kelly Morrison
Data breaches and technology-related legal claims against companies, along with their officers and directors, are increasing. As this is a developing area of the law, awareness of the risk and associated liabilities are a weak point for …
"Show Me Your Papers" Upheld by Arizona Federal Judge, Echoing Georgia Ruling
9/7/12
By: Kelly Morrison
A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state’s immigration law, which critics have dubbed the “show me your papers” provision.
The ruling by U.S. District Judge Susan Bolton …
Recent Court Rulings Suggest Homeowners’ Associations May Selectively Enforce Covenants
9/6/12
By: Marc Bardack
In two recent rulings, state trial court judges have rejected homeowner claims against homeowners associations (HOAs) for failing to enforce covenants against a neighbor. These rulings raise the question of whether HOA’s can enforce neighborhood covenants selectively …
FDIC Continues to Pursue Directors and Officers
9/4/12
By: Ben Mathis
The FDIC continues to file a number of claims around the country against directors and officers of failed financial institutions. Recent decisions in Georgia, however, have raised the bar in holding that the business judgement rule requires …
2012 Election Cycle: Major Business Concerns Include Immigration, Baseless Lawsuits
8/27/12
By: Kelly Morrison
The Eleventh Circuit recently weighed in on Georgia’s controversial Immigration Reform Act, restoring a provision which allows police to verify the immigration status of criminal suspects failing to produce appropriate identification. This mirrors the U.S. Supreme …
SEC Pays First Whistleblower Under Dodd-Frank
8/23/12
By: Ben Mathis
The SEC announced that it has paid $50,000 in the first whistleblower bounty. This program is a year old program and was authorized by the Dodd-Frank financial reform act. Is it the first of more to come? …
ADA Lawsuits Plaguing Property Owners
8/14/12
By: Ben Mathis
Title III of the Americans with Disabilities Act (ADA), which covers “public accommodations,” is not widely known to the general public. Property owners, however, are becoming too familiar with its requirements as they confront an avalanche of …
Federal Court Changes Liability Standard for Georgia's Directors and Officers
7/30/12
By: Mary Anne Ackourey and Kelly Morrision
In the wake of the mortgage housing crisis, more banks have failed in Georgia than in any other state. A reflection of this troubling statistic is that a number of cases have been …