By Ben Mathis and Mary Anne Ackourey
The potential for data breach liability is a financial risk that many companies and public entities are just beginning to recognize and address. Unfortunately, for too many, the significant financial liability they can incur becomes apparent only when it is too late.
By Bart Gary
Differing site conditions (DSC), sometimes called changed site conditions, are latent conditions on, in, or under the construction site that were not anticipated by the parties in their contract or that were not shown on the plans, specifications, and other contract documents. In the absence of a contract term that allocates the risk of such conditions, the risk is born by the contractor and its subcontractors. The conditions may be asbestos or other hazardous materials in a structure to be renovated or expanded, but most often are subsurface conditions in the soil, which may include rock, ground water, toxic substances, or unsuitable soil. These unexpected substances make the work more difficult or even impossible.
By Bobby Baker
The United States Constitution requires a census be done every ten years for the purpose of redistricting Congress, but every state and local government entity must also adjust their district lines as a result of population changes. Many people are interested how the redistricting process works at the local level for city and county offices. Redistricting for local government entities is simpler than redistricting for federal and state legislative offices, yet caution must be exercised when redistricting city and county offices.
By Dana Maine and Whitfield Caughman
In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), which is intended to prevent state and local governments from placing “substantial burdens” on religious exercise in the institutionalized persons and land use context. Although the statute has been in effect for a decade, a decision by the United States Supreme Court on April 20, 2011 calls its legitimacy into question in two ways.
By Brad Adler and David Cole
After more than two years of legal wrangling, it appears that the Georgia Restrictive Covenants Act finally is now in effect after Governor Nathan Deal signed House Bill 30 on May 11, 2011. Of course, while Governor Deal’s signature may have cleared up uncertainty over the application of the statute from May 11 forward, real questions still loom over the true effective date of the predecessor statute.