FINRA Tightens Expungement Requirements
11/8/17
By: Brett C. Safford
On September 25, 2017, the Financial Industry Regulatory Authority (FINRA) issued a “Notice to Arbitrators and Parties on Expanded Expungement Guidance” (hereafter, the “Notice”). The Notice continues the recent pattern of FINRA issuing rules …
Another Delay Is in the Works for the DOL Fiduciary Rule
11/8/17
By: Ze’eva R. Kushner
The landscape of the Department of Labor’s Fiduciary Rule continues to shift and has changed significantly since our last commentary on this topic in June. (DOL Fiduciary Rule is Delayed No More) On …
Data Privacy-As the Spokeo Turns
11/8/17
By: Jonathan M. Romvary
As we all know, the data privacy industry has been paying close attention to ongoing saga of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), including this firm’s blog, most recently…
Don’t Hand Me No Lines And Keep Your Hands To Yourself.
11/8/17
By: Shaun Daugherty
Maybe the Georgia Satellites would consider allowing a cover of their hit “Keep Your Hands to Yourself” for Taylor Swift’s next album. Turns out that the Colorado federal jury believed the victim’s testimony regarding the events that …
What Do Jurors Think?
11/8/17
By: Jacob E. Daly
Figuring out what jurors think – and, therefore, predicting what decisions they will make – is critical to success at trial. Many lawyers believe they have this figured out, but of course it is impossible to …
The Militarization of Police and the Status of Qualified Immunity
11/8/17
By: Wayne S. Melnick, Sun S. Choy, and A. Ali Sabzevari
In 2017, Mario Deon Watkins’s felony drug convictions were overturned when an Indiana court found that a SWAT team’s search that endangered an infant was “unreasonable.” See Watkins …
A Double-Edged Sword: The Defense of Trucking Claims in the Aftermath of the ELD Mandate
11/8/17
A Double-Edged Sword: The Defense of Trucking Claims in the Aftermath of the ELD Mandate
by Wayne S. Melnick, Parker M. Green and Matthew S. Grattan
On December 16, 2015, the FMCSA adopted regulations mandating the use of electronic logging …
Cancellation vs. Expiration: The Subtle Distinction and Why it Matters
11/8/17
By: Connor M. Bateman
In most jurisdictions, insurers must adhere to a detailed set of statutory provisions when cancelling or refusing to renew certain types of insurance policies. Most notably, insurers are often charged with delivering or mailing a written …
Trial Court Upholds City’s Zoning Decision
11/8/17
A Fulton County Court recently issued a final judgement in favor of FMG’s city client in a case tried by partner Dana Maine. This is Ms. Maine’s third consecutive trial success in the last 5 months, including a successful …
U.S. Supreme Court: "Clearly Established" Means "Clearly Established"
11/8/17
By: E. Andrew Treese and Connor M. Bateman
Qualified immunity is all about the facts. To overcome the defense, a Section 1983 plaintiff must prove that an individual defendant violated his “clearly established” rights. The United States Supreme Court has held …
Helping to Ensure Enforceability of a Mediated Settlement
11/8/17
By: Jeremy W. Rogers
In the past few years, I have come across situations more frequently where the parties to a lawsuit reach an agreed settlement at mediation but, for a myriad of potential reasons, the parties or counsel …
Deadline Approaching for Small Breach Notification
11/8/17
By: Jeremy W. Rogers
HIPAA covered entities, which are health care providers, health plans, and health care clearinghouses, are required to report “small” data breaches of unsecured, unprotected health information by March 1, 2017. Covered entities must report these breaches, …