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November 2016

New York Becomes First State to Propose Mandatory Cybersecurity Regulations for Private Financial Institutions


By: Kacie L. Manisco

The New York State Department of Financial Services (“DFS”) recently announced proposed regulations that would require banks, insurance companies and other financial institutions to establish programs and policies for responding to cyberattacks and data breaches. The regulations are sweeping and would not only affect New York-based companies, but also financial institutions that conduct business in New York or that have customers who are residents of New York. This is reportedly the first time that a state or federal regulatory agency is seeking to implement mandatory cybersecurity rules for private institutions.

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Insurance Claims Arising Out Of Halloween Festivities

pumpkin-dogBy: Jessica Samford

With Halloween behind us, the time has come for the next installment of the FMG insurance coverage blog’s glossary of insurance terms. While the thought of interpreting a lengthy insurance policy may seem frightening to some, let’s take a quick look at one commonly utilized phrase in all types of insurance policies—“arising out of”—using the spirited theme of Halloween as inspiration.

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CFPBs Unilateral Power Structure Held Unconstitutional

freelancer-financesBy: Kristian N. Smith

After more than five years of heavy regulation and enforcement targeting financial institutions and the automotive industry, the Consumer Financial Protection Bureau (CFPB) faces a new hurdle. In a recent decision, the D.C. Circuit Court of Appeals ruled that the structure of the CFPB is unconstitutional.

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Fair Pay And Safe Workplaces Executive Order Enjoined (in part), For Now

court_0By: Marty Heller

A federal judge in Texas recently granted an injunction against parts of the Fair Pay and Safe Workplaces Executive Order. Essentially, the injunction will block enforcement of the Executive Order’s requirements that federal contractors disclose current and previous labor and employment law violations and suits, as well as its prohibition on the use of pre-dispute arbitration agreements.

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Firm and Attorney News

Dana Maine obtained a defense verdict in a jury trial involving claims of nuisance and trespass.  Our client, a city located just south of Atlanta, was accused of contributing to flooding on the property of several plaintiffs’ homes by negligently maintaining certain structures. The court granted the city’s motion to bifurcate the trial between liability and damages and the jury reached a verdict in the city’s favor after the first part of the trial.


FMG is pleased to announce that the lawyers of Edgerton & Weaver, LLP (E&W) will be joining the firm effective January 1, 2017. 


FMG has been awarded the Associate of the Year Award by the Associated Builders and Contractors of New Jersey (ABC of NJ). Click here for more...


FMG Welcomes Partner Josh Ferguson and Five New Associates. Click here for more...


Neil Wilcove has been named Legal Counsel for the Association of Builders and Contractors (ABC) of Georgia's 2017 Board of Directors and was recently elected "Member of the Year" by Construction Financial Management Association (CFMA) Georgia. Click here for more...


 Dennis Strazulo has been selected to speak as a panelist at the National Retail and Restaurant Association (NRRDA) national conference on March 1st-3rd in San Diego, California.


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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.


Information conveyed in this presentation should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided in this presentation is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.
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