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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…
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 several times that “clearly established” law refers to authority providing “fair and clear warning” to…
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 do not later agree upon all of the terms you reached just days or even…
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, defined as a breach that involves fewer than 500 individuals, to the U.S. Department of…
Don’t Be a Phishing Victim: IRS Warns of Email Scam This Tax Season
11/8/17
By: David Cole It’s tax season again and the cyber criminals are back at it. According to the IRS, last year’s W-2 spear-phishing scam has returned and is currently making its way across the nation. The IRS and state tax authorities have issued a new alert advising HR and payroll departments to beware of phony emails intended…
FMG Announces New Partner Zachary Smith in San Francisco
11/8/17
Freeman Mathis & Gary, LLP, is pleased to announce that Zachary Smith has joined the firm as a Partner in the San Francisco office. Mr. Smith’s practice focuses on CGL and Business Liability, Transportation Law, Premises Liability and General Liability. Mr. Smith spent two decades as a senior trial attorney for one of the nation’s…