USCIS Creates Another Roadblock for Legal Immigrants
8/8/18
By: Kenneth Levine A proposed Trump administration change to the “public charge” regulations, expected to be issued within the next few months, will dramatically alter the process for how Immigration Officers determine eligibility for citizenship or permanent residency. USCIS designates an applicant as a “public charge” if they are likely to become predominantly dependent on…
DOL Fiduciary Rule Suffers a Slow Death
5/15/18
By: Ted Peters In 2016, the U.S. Department of Labor (“DOL”) promulgated a set of rules and regulations now infamously referred to as the “Fiduciary Rule.” After multiple criticism and legal challenges, the Fifth Circuit Court of Appeal struck down the Fiduciary Rule effective May 7, 2018. Surprising many, the DOL elected not to challenge…
FTC Guidance for Online Protection for Children
5/14/13
By: Matt Foree A byproduct of widespread use of the internet is its inevitable use by young children. Today, children have access to the internet through computers, smartphones and countless other electronic devices. To protect the privacy of children online, Congress enacted the Children’s Online Privacy Protection Act (“COPPA”), which provides rules for operators of commercial websites…
Temporary Flooding May Give Rise to a Takings Claim
1/2/13
By: Ali Sabzevari A fundamental part of our Takings Clause jurisprudence holds that when the Government physically takes possession of an interest in property for some public purpose, it has a duty to compensate the former owner. There is a multitude of ways in which government actions or regulations may give rise to Takings Clause…
When is Medical Care Not an Emergency? Clever Lawyering Finds a Loophole in the Stringent Gross Negligence Standard
11/5/12
By: Mike Flint and Laura Broome In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that no health care provider who provided emergency medical care in a hospital emergency department, or…
California Becomes Third State to Limit Access to Employees' Social Media Accounts
10/1/12
By: David Cole

On Thursday, Governor Jerry Brown signed a new law that significantly limits when California employers may ask employees and job applicants for social media information. Under the new law, an employer cannot require or request an employee or job applicant to disclose his username or password, access a social
Law Firm Risk Management – Internal Review and Insurance Reporting Obligations
8/29/12
By: Seth Kirby
While the practice of law is a profession, managing a law practice is definitely a business. In addition to their primary responsibility of representing their clients, attorneys must actively manage their office. Depending upon the size of the firm, an attorney may take on this role by themselves, or employ an administrative