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  • Article

    NLRB Finalizes New Joint Employer Rule

    On 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    OSHA Finalizes Workplace Injury Reporting Rule

    On 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    OSHA Rule Or Penalty

    Last week, the Occupational Safety and Health Administration ("OSHA") increased its maximum penalties via an interim rule.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Proposed Additional Requirements For The Annual EEO-1 Reports

    The EEOC estimates that 60,886 employers would be required to submit data regarding W-2 earnings and hours worked.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EPA And Coal Ash Pond Regulation: 2018 Update

    On 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 StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Court Rules That CERCLA Prevents Federal Nuisance Claims For Hazardous Materials Contamination

    Following 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 StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Increased Regulation Coming For Coal Ash

    The 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. 15-1219
    United StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    In Georgia, Brand Name Drug Manufacturers Are Not Responsible For The Labelling Of Generic Drugs

    In 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 Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Is 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 Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    President Trump Takes Steps When Senate Won't- Executive Order Could Weaken ACA

    President Donald Trump signed an Executive Order that potentially weakens the Affordable Care Act (ACA).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Congress Passes The Defend Trade Secrets Act Of 2016

    On 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 Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Further Guidance And The Light At The End Of The Tunnel

    On 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 Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Quality Not Quantity - USPTO Quality Assurance Practices

    In 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 Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Quality Not Quantity – USPTO Quality Assurance Practices

    In 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 Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Attempt To Add An Arbitration Clause To A Customer Agreement During Litigation Is Ineffective

    The 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 & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia Supreme Court Looking At Data Breach Liability

    Data 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 StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Gift Tax Deadline Postponed

    On 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 tax
    United StatesTax
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Privacy Rules Require Amendment To Benefit Plan Service Agreements

    The Confidentiality of Substance Use Disorder Patient Records regulations (commonly referred to as "Part 2"), a federal privacy law aimed at protecting patient
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia Governor Signs Lien Waiver Senate Bill

    On 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 Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia Bar Construction Project

    Two 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 Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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