Unintended Consequences of Tort Reform – A Hidden Danger
5/1/11
By Seth Kirby
In July of 2010 the Georgia Court of Appeals held that Georgia’s Tort Reform Act of 2005 requires juries to apportion damages among responsible parties even if the plaintiff is not partly at fault. The decision in …
The Dash to the End of the Session
4/1/11
By Bobby Baker
The legislative crossover day (Day 30) has come and gone with some interesting results regarding what bills are still alive and those that aren’t. With less than 10 days left on the legislative calendar, Sine Die is …
Georgia Supreme Court Broadens Definition of “Occurrence” in CGL Policies
4/1/11
By Phil Savrin and Leanne Prybylski
In a decision issued March 7, 2011, the Supreme Court of Georgia ruled that the term “occurrence” as used in commercial general liability (CGL) policies is satisfied where the loss is unintended even if …
Supreme Court Expands Retaliation Protection for Wage Complaints
4/1/11
By Mary Anne Ackourey
In Kasten vs. Saint-Gobain Performance Plastics Corp., the United States Supreme Court has prohibited employer retaliation against employees who make oral complaints of violations of the Fair Labor Standards Act (FLSA). The FLSA sets employment …
Outside Sales Employees – Are You Paying Them In Compliance With The FLSA?
3/1/11
By Brad Adler
Employers often are warned about the significant dangers associated with misclassifying workers for purposes of avoiding overtime under the “white collar” exemptions, such as the administrative, executive and professional exemptions. There is, however, another exemption to the …
Sanctions for E-Discovery Violations Increase: What Can Be Done Now?
3/1/11
By Sun Choy and David Cole
In 2006, substantial amendments were made to the Federal Rules of Civil Procedure “to secure the just, speedy, and inexpensive determination” of discovery disputes involving electronically stored information. Ironically, however, it appears that the …
Defaults in Construction: Managing Discord and Divorce
3/1/11
By Kamy Molavi
What should you do when a company is not performing as required in a construction contract? The consequences of this decision are significant, and it merits careful consideration. The wrong decision can lead to the foreclosure of …
Georgia Legislative Session at Mid-Point
3/1/11
By Bobby Baker
The Georgia General Assembly has now passed the halfway point of its Legislative Session and the issues of immigration, water and tax reform still dominate the session. On February 24 the Senate approved (46-4) the amended state …
The Budget, Immigration and Water Policy Dominate Early Session
2/1/11
By Bobby Baker
Yesterday marked Day 7 for the 2011 Georgia Legislative Session. While the state budget and taxation reform will dominate this Session, immigration legislation and water policy will have a long-term impact on all Georgia businesses.…
Whistleblower Claims Require Employers to Update Complaint Policies
2/1/11
By Ben Mathis and David Cole
Whether it is Title VII retaliation claims, Sarbanes Oxley complaints, qui tam actions, or other claims, lawsuits by “whistleblowers” continue to increase and now are among the most frequent federal cases. Indeed, according to …
Want to Avoid Juries–Why Not Try Arbitration?
1/1/11
By Ben Mathis
The beginning of the New Year is not just a good time for personal resolutions, but also is a good time to consider important Human Resource policy changes. One idea that more and more employers are putting …
2011 Legislature All About the Budget
1/1/11
By Bobby Baker
The 2011 session of the General Assembly will be dominated by the state budget shortfall. Current estimates are that the budget will have to be cut between $1.5 and $2.0 billion to meet expected revenue for FY …