NOT IT! The Ability to Apportion Fault Just Got a Little Easier in Georgia
4/7/14
By: Katie Dod
“NOT IT!” can be a great childhood (or even adult) phrase to avoid chores or other unpleasantries of life, but it can also be a critically important concept for defendants in premises liability cases when non-party entities …
4/1/14
By: Michael Wolak
While Dragnet’s Joe Friday was interested only in “the facts,” more than 530 automotive dealers throughout the country are interested in the “Carfax.” As of March 2014, the number of auto retailers joining the $250 million antitrust …
“Confidential” Really Means Confidential
3/6/14
By: Wayne Melnick
One issue that comes up more and more with mediated and other pre-trial settlements is confidentiality. Usually, when a confidentiality provision is included in a settlement agreement, it specifies who can, and sometimes who cannot, be told …
FTC Approves New COPPA Safe Harbor Program
2/28/14
By: Matt Foree
To protect the privacy of children online, Congress enacted the Children’s Online Privacy Protection Act (“COPPA”), which provides rules for operators of commercial websites and online services directed to or knowingly used by children under 13. Specifically, …
The Dirty Truth From TripAdvisor
1/24/14
By: Matt Foree
One cannot browse the internet without encountering a website touting a “10 Best” or “10 Worst” list. These lists are particularly prevalent at the beginning of the year as websites about music, movies, travel, etc. categorize and …
“Good Faith” Defense to TCPA Liability
1/7/14
By: Matt Foree
A California federal court has recently held that a debt collector is not liable under the Telephone Consumer Protection Act (“TCPA”) based on the collector’s “good faith” belief that Plaintiff provided prior express consent to the calls. …
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 …
