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September 2010

Proposed Legislation Continues Focus on Independent Contractors

Ben MathisAmy Combs BenderBy 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 seeks to amend the Fair Labor Standards Act (“FLSA”) to penalize employers who misclassify employees as independent contractors.

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Tort Reform Revisited: Georgia Supreme Court (Finally) Adopts Daubert Standard

Michelle Youngblood TerryTed FreemanBy Ted Freeman and Michelle Youngblood Terry

The Georgia Supreme Court recently adopted the federal Daubert standard for admissibility of expert testimony.  In doing so, the Court finally provides trial judges with sorely needed guidance on their “gatekeeping” function of preventing jury decisions based on “junk” science or other unreliable expert opinions.  This is good news for all defendants.

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The Eleventh Circuit Expands Title IX Sexual Harassment Liability

By Mary Anne Ackourey and Bill Buechner

The Eleventh Circuit 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., a high school student alleged that her math teacher sexually assaulted her in the classroom and further alleged that the sexual assault was the result of the school district’s deliberate indifference to actual notice of previous incidents of sexual harassment by the teacher.

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Labor and Employment Seminar

Topic:   Recent Wage and Hour Developments

When:  Thursday, September 9
             8:30 a.m. - 10:00 a.m.

Where: City Club of Buckhead
             3343 Peachtree Road

Link to Details and Registration

Freeman Mathis & Gary will participate in
the Annual Institute for City and County Attorneys 
in Athens, GA on September 16 and 17
FMG will co-sponsor the reception on
September 16 at 6:30 p.m.
Registration Information for this event.

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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.


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