The Importance of Clear Rules in an Age of Information Overload
10/1/11
By Jack Hancock
We are inundated with information these days from all sources, including seminars, articles and e-mails. Occasionally, we may hear or read about a topic that may be of great value or relevance to our work. By the …
Premises Liability: Has Apportionment of Fault Killed "Failure to Provide Security" Cases?
9/1/11
By Sun Choy and Jake Daly
Twenty years ago, premises liability typically meant property owner liability for the “slip-and-fall” case. While “slip-and-fall” cases remain popular, landlords and property management companies have become the prime target of multi-million dollar claims for …
Property Sellers Beware: Disenchanted Purchasers can be Litigious
9/1/11
By Bart Gary and Arthur Ebbs
The southeastern condominium glut in markets such as Atlanta and Miami is no secret. You have likely seen the advertisements informing prospective purchasers of the “great deals” to be had. While lenders and distressed …
Complaints and Investigations—Best Practices for All Employers
8/1/11
By Pamela Everett
Employers of all sizes continue to experience a rise in complaints of workplace misconduct. In too many instances, these “complaints” are often the proverbial “shot across the bow” from a disgruntled worker who knows his employment is …
In Medical Malpractice Cases, a Simple Apology Can Go a Long Way
8/1/11
By Shira Adler Crittendon
Imagine that in the course of doing your job, someone gets injured as a result of your conduct. Basic human decency compels you to apologize. In the case of medical providers, however, attorneys have traditionally feared …
FMG Client Named Nation's Top Employment Team
7/1/11
AGCO Corporation, a long-time FMG client, won the “Top Employment Team” award at the Association of Corporate Counsel/International Global Counsel Awards in New York City on Thursday, June 19th. Pictured at the ceremony at left are FMG partners Ben Mathis, …
The U.S. Department of Labor Clarifies The FLSA’s Tip Credit Provision
7/1/11
By Brad Adler
Many employers, particularly restaurants, routinely utilize “tipped employees” in operating their business and have followed the same protocols for years in managing such employees. A recent development, however, will call for employers to reevaluate their tip credit …
Non-Compete Law Goes Into Effect (Again!)
6/1/11
By Brad Adler and David Cole
After more than two years of legal wrangling, it appears that the Georgia Restrictive Covenants Act finally is now in effect after Governor Nathan Deal signed House Bill 30 on May 11, 2011. Of …
United States Supreme Court Revives Challenges to RLUIPA
6/1/11
By Dana Maine and Whitfield Caughman
In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), which is intended to prevent state and local governments from placing “substantial burdens” on religious exercise in the institutionalized persons and …
The Redistricting Process for Local Governments
6/1/11
By Bobby Baker
The United States Constitution requires a census be done every ten years for the purpose of redistricting Congress, but every state and local government entity must also adjust their district lines as a result of population changes. …
Differing Site Condition Clause Pays Off for Georgia Contractor
6/1/11
By Bart Gary
Differing site conditions (DSC), sometimes called changed site conditions, are latent conditions on, in, or under the construction site that were not anticipated by the parties in their contract or that were not shown on the plans, …
Data Breach Liability – Are You Prepared?
6/1/11
By Ben Mathis and Mary Anne Ackourey
The potential for data breach liability is a financial risk that many companies and public entities are just beginning to recognize and address. Unfortunately, for too many, the significant financial liability they can …