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  • Article

    Recent Court Of Appeals Case Regarding Georgia Street Gang Terrorism And Prevention Act A Win For Plaintiffs

    On March 16, 2020, the Georgia Court of Appeals entered a ruling in the case of Star Residential, LLC vs. Hernandez for plaintiffs who bring claims under the Georgia Street Gang Terrorism and Prevention Act.
    United StatesCriminal Law
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Attorney Mental Health & Wellness - A Personal Essay On Why I Believe We Have An Ethical Obligation To Act On It In The Workplace

    I met Daniel one of the first days of law school. He looked like your average southern frat boy with shaggy hair and a love for music and football.
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Scheduled Breaks: Time To 'Frett' About Compensability

    The Supreme Court of Georgia recently overruled the long-held "scheduled break exception" in Frett v. State Farm Employee Workers' Compensation, 844 S.E.2d 749 (2020).
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    To Accept Or Deny: That Is The Question (Factors To Consider)

    Employers, human resources professionals, claims representatives, and their attorneys have much to consider upon receiving notice of an alleged on-the-job injury.
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Beware The Other Mailbox Rule

    Imagine this scenario if you will: opposing counsel has blown their thirty (30) day deadline, pursuant to Georgia's Uniform Superior Court Rule 6.2, to serve a response to your dispositive motion.
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Expert Witness: To Exclude, Or Not To Exclude, That Is The Question

    A significant factor to consider when evaluating a case, in particular for purposes of settlement, is whether the opposing party intends to utilize expert witnesses.
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Spoliation Law For Workers' Compensation Claims Handlers

    Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case?
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    The New Home-Workspace: How The Sudden Shift To A Predominately Remote Work Force Highlights The Need To Revisit Cartersville City Schools v. Johnson

    The COVID-19 pandemic sent a large percentage of the workforce out of the traditional office and into the remote workspace.
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    To The Victor Goes The Spoliation? Best Practices For eDiscovery And The Preservation Of Electronically Stored Information

    eDiscovery is the procedure by which parties involved in litigation preserve, collect, review, and exchange information in electronic formats in order to use that information as evidence.
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Who Can Sue? Identifying Proper Parties And Standing In Wrongful Death Cases

    In every lawsuit, the concept of standing plays a crucial role. Standing refers to the legal right of an individual or entity to challenge the conduct of another party in court. In a typical personal...
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Subcontracting In The Construction Industry And Who Is Responsible For The Injured Employee?

    The current trend in the construction industry involves the acquisition of specialized laborers and contractors to perform the various tasks required to complete each aspect of a given project.
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Another Line Drawn To Limit Lawsuits Against Non-Resident Defendants

    Maintaining a website is a necessary and important aspect of many businesses.
    United StatesMedia, Telecoms, IT, Entertainment
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    The Impact Of Ownership, Control, And Maintenance On The Compensability Of Parking Lot Injuries

    In 2019, the Georgia Court of Appeals revisited the question of whether an injury that occurs in a parking while an employee is on his/her way to or from work is compensable...
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Who Assumes Responsibility For An Injured Worker?

    In spring 2020, the world slowed to a halt as the coronavirus pandemic reared its head.
    United StatesReal Estate and Construction
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Determining Dependency Benefits In Georgia Workers' Compensation Claims

    Where an employee sustains an injury arising from an accident arising out of and in the course of employment which results in instant death or thereafter results in death during the period of disability...
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Did You Know: Understanding The Department Of Labor Withdrawal Of FLSA Independent Contractor Rule

    On May 5, 2021, the U.S. Department of Labor (DOL) announced that it will formally withdraw the Independent Contractor Rule that it just put into effect just a few months ago.
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    One's Company, Two's A Crowd, And Three's Liability: O.C.G.A. § 34-9-2(a)(2) After Wills v. Clay County

    The State of Georgia has made even the smallest of small businesses subject to the Workers' Compensation Act. The general rule dictating whether an employer
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    CDC Issues New Guidelines For Opioid Prescriptions

    The opioid crisis in America is frequently in the news and should be. Opioids have caused an enormous cost increase for workers' compensation employers and insurers.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Sharing Provisions In Protective Orders

    We have noticed a troubling trend in recent product liability cases in which plaintiffs' counsel will not agree to a protective order concerning a manufacturer's confidential documents without the inclusion of a so-called "sharing provision".
    United StatesIntellectual Property
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Think Twice Before Treating Your Independent Contractor Like An Employee

    Can you hire your own employee as an independent contractor and avoid liability for their on the job injury?
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP

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