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David Cole Quoted in Today’s General Counsel
12/4/17
FMG Partner David Cole was recently quoted in the article “Managing Corporate Data in the Era of Mobile Tech and the Internet of Things,” in the November 2017 issue of Today’s General Counsel. Mr. Cole is the national practice team leader of FMG’s Data Security, Privacy & Technology practice team which, in addition to representing…
California Bans Employers from Seeking Salary History Information
11/8/17
By: Laura Flynn California has joined a growing number of states and cities that ban employers from inquiring as to a job applicant’s salary history. Governor Brown recently signed California Labor Code section 432.3 into law. It becomes effective on January 1, 2018. Studies have shown the wage gap between men and women is present…
Dealing with Discovery Dangers in Bad Faith Litigation
11/8/17
By: Jessica C. Samford Whenever an insurer could be facing a bad faith claim, what documents may be discoverable during litigation is an important consideration. While the ultimate outcome hinges on specific circumstances of the case, the discovery rules of the applicable jurisdiction is a major factor. Regardless of which state or federal laws apply,…
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 and notices which further limit a broker’s ability to expunge his or her Central Registration Depository (CRD)…
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 June 9, 2017, two provisions of the Rule became applicable: (i) the expansion of the definition of who is…
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 here, here and here. That spotlight is shining a little brighter on the Ninth Circuit in connection with a ruling earlier this month. …
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 occurred during the photo op in 2013 and unanimously found in her favor Monday, August…
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 know the attitudes and beliefs of any one juror or group of 6 or 12 jurors. DecisionQuest…
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 v. State, 67 N.E.3d 1092(Ind. Ct. App. 2017). The SWAT team, consisting of at least a…
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 devices (“ELDs”) to track hours-of-service. Now, more than a year later, uncertainty and confusion over…
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 notification to the insured providing clear and unequivocal notice that the insurance coverage at issue…
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 jury trial defense verdict. In the most recent case, the city had denied an application to…