ArticleFranchises & Brand DevelopmentThe most important, if not essential, element of the ultimate success of a business is the development of a brand.United StatesCorporate/Commercial LawSmith Gambrell & Russell
ArticleDOL Issues Final Rule Increasing Salary Thresholds For Overtime ExemptionsOn April 23, 2024, the U.S. Department of Labor ("DOL") issued its final rule on "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales...United StatesEmployment and HRSmith Gambrell & Russell
ArticleFlorida Approves A Double Digit Workers' Compensation Rate Increase To Take Effect December 1, 2016An October 5, 2016 Order from the Florida Office of Insurance Regulations granted final approval for a statewide workers' compensation rate increase of 14.5 percent to take effect December 1, 2016. United StatesEmployment and HRSmith Gambrell & Russell
ArticleGroup Health Plan Fiduciaries May Now Be A Target Of Lawsuits For Excessive FeesHistory of 401(k) Plan Excessive Fee Cases. Once the Department of Labor's participant fee disclosure rules for retirement plans became effective in 2012...United StatesEmployment and HRSmith Gambrell & Russell
ArticleOvertime Exemption Déjà Vu: DOL Issues Final Rule Regarding Overtime RegulationOn September 24, 2019, the Department of Labor announced the final rule, to be published tomorrow in the Federal Register, changing the white collar employee ...United StatesEmployment and HRSmith Gambrell & Russell
ArticlePredictive Scheduling Laws Coming To A City Near YouPredictive scheduling laws are laws that require employers to post employees' work schedules a certain amount of time in advance and penalize employers for last minute changes to schedules.United StatesEmployment and HRSmith Gambrell & Russell
ArticleThe DOL Publishes Final Rule Regarding Independent Contractor Classification Under The FLSAOn January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule amending the criteria used to determine whether a worker qualifies as an employee or an independent contractor under the Fair Labor Standards Act (FLSA). United StatesEmployment and HRSmith Gambrell & Russell
ArticleThe Second Circuit Rules On When An Intern Is A Paid "Employee" Under The Fair Labor Standards ActThe case involved unpaid interns who worked for Fox Searchlight and Fox Entertainment Group during the production of the film Black Swan. United StatesEmployment and HRSmith Gambrell & Russell
ArticleEPA Posts Updated List Of "Active" Chemical SubstancesThe Toxic Substances Control Act Inventory ("Inventory") is a list of chemical substances manufactured (including imported) or processed in the United States.United StatesEnergy and Natural ResourcesSmith Gambrell & Russell
ArticleFederal Court Rejects EPA Rule Delaying Formaldehyde Limits In Composite Wood ProductsIn the wake of illnesses reported by refugees from Hurricane Katrina who were housed temporarily in manufactured housing, Congress in 2010, in the Formaldehyde Standards in Composite Wood Products Act...United StatesEnvironmentSmith Gambrell & Russell
ArticleExecutive Order On Health Care Transparency May Impact Employer Sponsored Group Health PlansEarlier this week, President Trump signed an executive order that directs the Departments of Labor, Treasury, and Health and Human Services ("Departments") to seek to improve price and quality transparency in health care.United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticleHealth Care Implications Of Tax Bill: No More Individual MandateLate yesterday, the U.S. Senate Republicans approved a tax bill, by a vote of 51-48. United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticleHealthcare Implications Of Tax Bill: No More Individual MandateLate yesterday, the U.S. Senate Republicans approved a tax bill, by a vote of 51-48. This bill was previously approved by the U.S. House by a vote of 227-203.United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticleTexas Court Strikes Down ACAOn December 14, 2018, Judge Reed O'Connor, district court judge in the Northern District of Texas, in Texas v. Azar, struck down the entire Affordable Care Act (ACA).United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticleFederal Circuit Declines Expanding Doctrine of Patent ExhaustionHelferich Patent Licensing, LLC filed a patent infringement suit against New York Times Co., CBS Corporation and other content providers...United StatesIntellectual PropertySmith Gambrell & Russell
ArticleNo Right To A Jury Trial For Attorney Fee Awards Under 35 U.S. Code § 285Section 285 of the Patent Act provides: "The court in exceptional cases may award reasonable attorney fees to the prevailing party."United StatesIntellectual PropertySmith Gambrell & Russell
ArticleHow Long Will A Civil Appeal In The Eleventh Circuit Typically Take?There are 13 federal appellate courts called the U.S. Courts of Appeal that sit below the U.S. Supreme Court. These courts hear appeals from 94 federal trial courts, which are called the U.S. District Courts. United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleInteresting Cert Grants From The Georgia Supreme CourtOn February 1, 2021, the Georgia Supreme Court granted certiorari in two cases that may have wide significance to attorneys practicing in Georgia.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleSGR Client National Grange Successful In The 9th CircuitOn July 14, 2015, the District Court for the Eastern District of California granted the National Grange's Motion for Summary Judgment, and the final judgment was entered on September 30, 2015.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleThe Use Of Sovereign Immunity As A Defense In AIA ProceedingsRecent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios. United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell