Keys to Effective Hold Harmless Agreements
2/7/13
By: Bart Gary
The Hold Harmless (Indemnity) Clause of a contract is like the lifeboats on a cruise ship — they just hang around until disaster strikes, and you hope they still work. Periodic review keeps them from becoming obsolete …
Engagement Letters for Professional Services – A Valuable Tool That May Come with a Price
1/1/13
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 …
Temporary Flooding May Give Rise to a Takings Claim
1/1/13
By Dana Maine and Ali Sabzevari
A fundamental part of our Takings Clause jurisprudence holds that when the Government physically takes possession of an interest in property for some public purpose, it has a duty to compensate the former owner. …
Highlights of Fiscal Cliff Tax Changes
1/1/13
Through many months of delay, debate, and finger-pointing, Congress and the White House have reached an agreement on various tax rate cuts that were set to expire in 2013 and would result in tax hikes for all taxpayers. The bill …
EEOC to Continue Focus on Systemic Discrimination
11/1/12
By Ben Mathis
Over the last few years, in both formal policy statements and in many public presentations, the EEOC has emphasized that it’s investigative and litigation focus is on cases involving “systemic discrimination.” In other words, the EEOC has …
When is Medical Care Not an Emergency? Clever Lawyering Finds a Loophole in the Stringent Gross Negligence Standard
11/1/12
By Mike Flint and Laura Broome
In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that …
Statutes Affecting Indemnification Agreements in Construction Contracts
11/1/12
By Kamy Molavi
It is quite common for parties involved in construction projects to include indemnity provisions within their construction contracts. In recent years, a majority of states have enacted anti-indemnity statutes that restrict, modify, or invalidate indemnification agreements in …
Protecting Corporate Directors and Officers in Uncertain Times
10/1/12
By Kelly Morrison
Georgia’s wave of bank closures following the subprime mortgage crisis gave this state the dubious distinction of first place, with a whopping 70 banking institutions (and counting) folding under the weight of the financial crisis.
While it
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Have You Filed Federal Reports for Your Employees?
10/1/12
By Ben Mathis
For many employers, the deadline to file various reports to Federal agencies regarding their employees was September 30th. This includes filings for EEO-1, the Employer Information Report, and the Veterans Employment Report, commonly known as …
FINRA Clarifies “Know Your Customer” and “Suitability” Rules
10/1/12
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 …
NLRB Finds Blanket Policy Requiring Employee Confidentiality During Internal Investigations Unlawful
9/1/12
By Brad Adler and La’Vonda McLean
In most employee investigations, employers understandably direct that the participants (including witnesses) refrain from discussing the investigation with other employees. Now, the employee-friendly NLRB has weighed in on this previous uncontroversial issue and placed …
Recent Court Rulings Suggest Homeowners’ Associations May Selectively Enforce Covenants
9/1/12
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 …