The Aftermath of the FCC’s Declaratory TCA Ruling
10/1/10
By Dana Maine
If you have reason to care, you already know by now about the “shot clock” ruling from the Federal Communications Commission from November 2009 (2009 WL 3868811). Enough time has passed to be able to comment about …
Proposed Legislation Continues Focus on Independent Contractors
9/1/10
By Ben Mathis and Amy Combs Bender
For several years, Congress has attempted to pass legislation to regulate the misclassification of workers as “independent contractors.” The latest effort is the Employee Misclassification Prevention Act, which was introduced in April and …
Tort Reform Revisited: Georgia Supreme Court (Finally) Adopts Daubert Standard
9/1/10
By Ted Freeman and Michelle Youngblood Terry
In the five years since the enactment of Georgia’s Tort Reform Act, challenges, primarily by plaintiffs, to various provisions of the statute have slowly made their way through the appellate process. While some …
The Eleventh Circuit Expands Title IX Sexual Harassment Liability
9/1/10
By Mary Anne Ackourey and Bill Buechner
The Eleventh Circuit has expanded the circumstances under which a school district may be held liable for sexual harassment under Title IX. In Doe v. School Board of Broward County, Fla., (11th …
Wage-Hour Cases No Longer Just Large Employer Concern
8/1/10
By Mary Anne Ackourey and Amy Combs Bender
With the recent increase in statutory and regulatory compliance issues for America’s employers, it is not surprising that employers often focus their human resources and legal compliance efforts solely on understanding and …
The Future of Restrictive Covenants in Georgia
8/1/10
By Frederick C. Dawkins and David A. Cole
As most employers are aware, noncompete, nonsolicitation, and nondisclosure agreements (otherwise known as “restrictive covenants”) have been notoriously difficult to enforce in Georgia. This is because the Georgia Constitution specifically states that …
Collection Efforts Continue to Run Afoul of Fair Debt Act
8/1/10
By William H. Buechner
The Fair Debt Collections Practices Act (“FDCPA”) is a consumer-friendly statute that contains many technical requirements that debt collectors easily can violate, even when acting in good faith. Even if the debt collector commits merely a …
Supreme Court Issues Three Important Decisions
7/1/10
By Mary Anne Ackourey & Jonathan Kandel
The United States Supreme Court has recently issued three much anticipated decisions. The first case, Rent-A-Center, West, Inc. v. Jackson, allows parties to limit a federal court’s role in determining whether an arbitration …
Requirements on Developers and Public Water Authorities
7/1/10
By Will Tate
On June 2, 2010, Governor Sonny Perdue signed the Water Stewardship Act of 2010 (the “Water Act”). The Water Act contains several new requirements concerning developers and builders. The first, codified at O.C.G.A. § 12-5-180.1(c), requires all …
The Evolving Duty to Settle: A Foundation Made of Shifting Sand
7/1/10
By Philip W. Savrin and Jonathan J. Kandel
Many are familiar with the delineation between the duties to defend and to indemnify that are owed by an insurer to its insured. A third duty has emerged in the case law, …
Legislative Update
7/1/10
By Sun Choy, Josh Portnoy
The Georgia General Assembly ended its 2010 legislative session on April 29, 2010. The three main areas addressed by the General Assembly this year were education, transportation, and conservation.…
Local Governments Should Consider SPLOST Tax in Difficult Economic Conditions
7/1/10
By Dana Maine
Many local governments are feeling the budgetary pinch of the down economy. Local governments should be aware that Georgia law provides an excellent economic vehicle to fund capital outlay projects during tough economic times called a SPLOST …