ArticleFull House of Defendants: Colleges Face Consumer Protection ClaimsThe college admissions scam a/k/a "Operation Varsity Blues," has dominated U.S. headlines over the past week. United StatesConsumer ProtectionBerman Fink Van Horn P.C.
ArticleNo Hollywood Ending: Weinstein Allegations Draw Focus On HarassmentThe recent allegations of sexual harassment against Harvey Weinstein have drawn national attention to the issue of sexual harassment. United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleCourt-Appointed Receiver Brings Adult Supervision To Business DisputesWhen disputes arise between the co-owners of a business, the majority partner often uses her controlling interest in the company to freeze out the minority partner...United StatesCorporate/Commercial LawBerman Fink Van Horn P.C.
ArticleCourts Reject Age And Race Discrimination Claims For Lack Of Valid ComparatorIn Evans v. Birmingham Hide & Tallow Company, Inc., the Court affirmed judgment in favor of the employer. The Court stated the employee failed to identify a valid comparator who was treated...United StatesEmployment and HRBerman Fink Van Horn P.C.
VideoAIPLA Trade Secrets Conference: Cybersecurity, Drafts & Jurisdictions (Video)AIPLA Trade Secrets Conference: Cybersecurity, Drafts & Jurisdictions.United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleCan The Annotated Georgia Code Be Copyrighted?The Court of Appeals for the Eleventh Circuit recently determined that the Official Code of Georgia Annotated cannot be copyrighted.United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleCopyright Law Strikes A New Chord In The Music IndustryDespite massive technological developments and the growth of the gig economy, copyright legislation in the United States remained largely stagnant over the last twenty years.United StatesIntellectual PropertyBerman Fink Van Horn P.C.
VideoCopyright Law Strikes A New Chord In The Music Industry (Video)That changed on October 11, 2018 when the Music Modernization Act became law.United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleNoncompete And Trade Secret Law Developments To Watch Out For In 2024Noncompete and trade secret law has evolved rapidly in the last decade in Georgia and nationally, and 2023 was no different. Below are some key lingering issues to monitor in 2024.United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleFTC Noncompete Ban: Injunction Against Enforcement?As we previously reported, the FTC has proposed a rule that would ban most noncompetes. The public comment period has ended, so the FTC could issue the rule (or a modified version of the rule) any time.United StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.
ArticleNon Compete Lawsuits: Act Quickly Or Risk Waiver?Non compete lawsuits often involve a host of thorny issues, including disputes over the enforceability of the non-compete itself. Another issue that frequently gets argued in non-compete casesUnited StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.
ArticleOffers Of Settlement – Subjective ObjectivityIn 2005, the Georgia Legislature adopted comprehensive tort reform legislation.United StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.
ArticleDouble Fault: U.S. Open Serves Up Second Sexual Bias ControversyThis now infamous outburst may have cost Serena Williams the U.S. Open Championship title and a renewed discussion on sexual bias.United StatesMedia, Telecoms, IT, EntertainmentBerman Fink Van Horn P.C.
ArticleRestrictive Covenants: Is Your Noncompete Unenforecable?On March 10, 2022, the Georgia Court of Appeals issued a decision regarding the enforceability of certain restrictive covenants in an employment agreement. United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticlePrepare To Sell Your Business, Part 2This blog serves as a follow up to my blog posted earlier this year entitled "Prepare to Sell Your Business" and identifies a few more areas that a business owner should pay attention to prior to marketing his or her business for sale.United StatesReal Estate and ConstructionBerman Fink Van Horn P.C.
ArticleVermont Law Relating To Data Brokers Goes Into EffectOn January 1st, a new Vermont statute dealing with data brokers went into effect. Data brokers are businesses that collect personal information about consumers and sell that information to other businesses. United StatesPrivacyBerman Fink Van Horn P.C.
ArticleData Privacy Legislation In The U.S. – Where We Stand Right NowLast year saw continued movement toward the implementation of federal data privacy legislation. In July, the American Data Privacy and Protection Act (ADPPA) became the first online data privacy bill...United StatesPrivacyBerman Fink Van Horn P.C.
ArticleFinally! GA Court Issues Guidance On "New" Non-Compete StatuteIn Carpetcare, an employer sued a former independent contractor for violating his non-compete.United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleFinally! GA Court Issues Guidance On "New" Non-Compete StatuteThis blog carefully tracks developments related to Georgia's Restrictive Covenant Act (RCA), which passed in 2011 and substantially revised Georgia's non-compete law. United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleCourt Of Appeals Clarifies Rules Regarding Service Of ProcessWhen a client contacts me after they've been sued, one of the first questions I ask them is whether they have been served with a copy of the lawsuit. For a party filing suit...United StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.