ArticleNLRB Finalizes New Joint Employer RuleOn February 25, 2020, the National Labor Relations Board ("NLRB") revealed the final version of its new rule for determining joint-employer status (the "Rule"). United StatesEmployment and HRSmith Gambrell & Russell
ArticleOSHA Finalizes Workplace Injury Reporting RuleOn May 11, 2016, the Occupational Safety and Health Administration finalized its workplace injury recordkeeping and reporting rule that will require employers to electronically submit information...United StatesEmployment and HRSmith Gambrell & Russell
ArticleOSHA Rule Or PenaltyLast week, the Occupational Safety and Health Administration ("OSHA") increased its maximum penalties via an interim rule.United StatesEmployment and HRSmith Gambrell & Russell
ArticleProposed Additional Requirements For The Annual EEO-1 ReportsThe EEOC estimates that 60,886 employers would be required to submit data regarding W-2 earnings and hours worked.United StatesEmployment and HRSmith Gambrell & Russell
ArticleEPA And Coal Ash Pond Regulation: 2018 UpdateOn March 1, 2018, EPA proposed rules to amend several provisions of the Disposal of Coal Combustion Residuals from Electric Utilities final rule (the "CCR Rule"). United StatesEnvironmentSmith Gambrell & Russell
ArticleFederal Court Rules That CERCLA Prevents Federal Nuisance Claims For Hazardous Materials ContaminationFollowing the reasoning of the Supreme Court in Connecticut v. American Electric Power Co., Inc. (AEP), 546 U.S. ___ (No. 10-174, S. Ct. 2011), the U.S. District Court for the Eastern District of Washington...United StatesEnvironmentSmith Gambrell & Russell
ArticleIncreased Regulation Coming For Coal AshThe decision of the U.S. Court of Appeals for the District of Columbia Circuit on August 21 in Utility Solid Waste Activities Group (USWAG), et al v. EPA, No. 15-1219United StatesEnvironmentSmith Gambrell & Russell
ArticleIn Georgia, Brand Name Drug Manufacturers Are Not Responsible For The Labelling Of Generic DrugsIn Pliva, Inc. v. Dement, Case No. A15A1157 (decided November 20, 2015), the Georgia Court of Appeals joined the majority of jurisdictions that have held that a party who claims to have been injured by allegedly incorrect or inadequate warnings on a drug produced by a generic manufacturer cannot attempt to blame the manufacturer of the identical brand name drug.United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticleIs The New Senate Health Care Bill Already On Life Support?As soon as the revised health care bill was introduced yesterday, criticism began and the margin for passage may already be compromised.United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticlePresident Trump Takes Steps When Senate Won't- Executive Order Could Weaken ACAPresident Donald Trump signed an Executive Order that potentially weakens the Affordable Care Act (ACA).United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticleCongress Passes The Defend Trade Secrets Act Of 2016On April 4, 2016, the United States Senate passed the Defend Trade Secrets Act of 2016, with the House following suit on April 27, 2016. The DTSA now awaits President Obama's approval.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleFurther Guidance And The Light At The End Of The TunnelOn Thursday, the USPTO released its latest subject matter eligibility examination guidelines for 35 U.S.C. § 101, evidencing just how unworkable the Mayo/Alice test is from a practical standpoint.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleQuality Not Quantity - USPTO Quality Assurance PracticesIn a report issued on April 10, 2015, the United States Department of Congress, Office of Inspector General, provided its final report on the U.S. Patent and Trademark Office...United StatesIntellectual PropertySmith Gambrell & Russell
ArticleQuality Not Quantity – USPTO Quality Assurance PracticesIn a report issued on April 10, 2015, the United States Department of Congress, Office of Inspector General, provided its final report on the U.S. Patent and Trademark Office’s (USPTO’s) patent quality assurance practices. United StatesIntellectual PropertySmith Gambrell & Russell
ArticleAttempt To Add An Arbitration Clause To A Customer Agreement During Litigation Is IneffectiveThe Eleventh Circuit considered whether a bank could invoke an arbitration clause to block litigation when the bank had added the arbitration clause to its customer agreement by amendment while the litigation was in progress.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleGeorgia Supreme Court Looking At Data Breach LiabilityData breaches and the unintentional disclosure of personal information are much in the news. Whether such events give rise to tort liability is an issue being looked at by the Georgia Supreme Court.United StatesPrivacySmith Gambrell & Russell
ArticleGift Tax Deadline PostponedOn March 27, 2020 the IRS released Notice 2020-20 postponing the April 15, 2020 due date for the filing of a gift tax return and the payment of gift tax or generation-skipping transfer taxUnited StatesTaxSmith Gambrell & Russell
ArticleFederal Privacy Rules Require Amendment To Benefit Plan Service AgreementsThe Confidentiality of Substance Use Disorder Patient Records regulations (commonly referred to as "Part 2"), a federal privacy law aimed at protecting patient United StatesPrivacySmith Gambrell & Russell
ArticleGeorgia Governor Signs Lien Waiver Senate BillOn August 5, 2020, Georgia Governor Brian Kemp formally signed into law Senate Bill (SB) 315[1] to restore statutory lien and bond waivers...United StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleGeorgia Bar Construction ProjectTwo years ago, Peter Crofton, Greg Smith and Darren Rowles of SGR's Construction Practice founded the Construction Law Section of the State Bar of Georgia.United StatesReal Estate and ConstructionSmith Gambrell & Russell