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September 2014

FMG Partners Published in DRI's "In-House Defense Quarterly - Summer"

BruyerereesFMG is proud to announce that two of our partners have been published in DRI's "In-House Defense Quarterly, Summer 2014."


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Employer Beware: BYOD and the Remote Data Wipe

By: Kacie L. Manisco

 A growing number of companies have implemented Bring Your Own Device (BYOD) programs that allow employees to use their own phones and devices for both business and personal activities. Such programs benefit employers and employees alike, reducing information technology costs for employers, while providing employees the freedom and ease of working on a single device of their choosing. Unfortunately, however, the tendency of BYOD programs to blur the line between an employees’ work and personal life implicates a myriad of legal issues. One such issue likely to be tested through the courts in the near future is the trend of “remote data wiping.”

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Members of Congress Seek TCPA Revisions

By: Matthew N. Foree

Ten members of Congress have recently submitted correspondence to the Chairman of the Federal Communications Commission (“FCC”) urging the FCC to revise the Telephone Consumer Protection Act (“TCPA”). They frame the issue at stake as “a significant hindrance to public and private business practices across our great nation due to outdated federal law.”

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NLRB Claims Franchisor and Franchisees are ‘Joint Employers’ – Is McDonald’s Just The First?

In a surprising departure from established Board precedent, the National Labor Relations Office of the General Counsel announced on July 29, 2014 that it had authorized the NLRB’s Regional Directors to issue 43 unfair labor practice complaints against McDonald franchisees and determined that their franchisor, McDonald’s USA, LLC, could be named as a joint employer.  The announcement comes as a shock to the franchise community and marks a startling conflict with roughly thirty years of established franchise law.

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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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