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 …
Eleventh Circuit Holds That Property Manager For Homeowners Association Is Not “Debt Collector” Under The FDCPA
3/7/13
By: Bill Buechner
The Eleventh Circuit recently held in a case of first impression that a property management company is not a “debt collector” under the Fair Debt Collection Practices Act (FDCPA).
In Harris v. Liberty Community Management, Inc., …
Engagement Letters for Professional Services – A Valuable Tool That May Come with a Price
1/11/13
By: Seth Kirby
In 2009, the Georgia Court of Appeals confirmed with resounding clarity that all professional malpractice claims sounding in contract were governed by a four-year statute of limitations. All was right with the world. Professionals and their insurers …
Georgia's Failed Bank Litigation Addresses “Insured vs. Insured” Coverage Exclusion
1/10/13
By: Kelly Morrison
Georgia is no stranger to failed banks, and thus continues to host to a number of FDIC lawsuits against former directors and officers. Not surprisingly, these lawsuits are testing the legal waters regarding several coverage exclusions, as …
Federal Judge Gives Green Light to “Show Me Your Papers”
12/18/12
By: Kelly Morrison
Last week, federal Judge Thomas Thrash signed an order authorizing the immediate enforcement of “show me your papers”— also known as Section 8 of Georgia’s controversial immigration law. Section 8 allows law enforcement officials to verify the …
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 …