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  • Article

    Franchises & Brand Development

    The most important, if not essential, element of the ultimate success of a business is the development of a brand.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOL Issues Final Rule Increasing Salary Thresholds For Overtime Exemptions

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

    Florida Approves A Double Digit Workers' Compensation Rate Increase To Take Effect December 1, 2016

    An 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Group Health Plan Fiduciaries May Now Be A Target Of Lawsuits For Excessive Fees

    History 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Overtime Exemption Déjà Vu: DOL Issues Final Rule Regarding Overtime Regulation

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

    Predictive Scheduling Laws Coming To A City Near You

    Predictive 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The DOL Publishes Final Rule Regarding Independent Contractor Classification Under The FLSA

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

    The Second Circuit Rules On When An Intern Is A Paid "Employee" Under The Fair Labor Standards Act

    The case involved unpaid interns who worked for Fox Searchlight and Fox Entertainment Group during the production of the film Black Swan.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EPA Posts Updated List Of "Active" Chemical Substances

    The 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 Resources
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Court Rejects EPA Rule Delaying Formaldehyde Limits In Composite Wood Products

    In 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 StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Executive Order On Health Care Transparency May Impact Employer Sponsored Group Health Plans

    Earlier 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 Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Health Care Implications Of Tax Bill: No More Individual Mandate

    Late yesterday, the U.S. Senate Republicans approved a tax bill, by a vote of 51-48.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Healthcare Implications Of Tax Bill: No More Individual Mandate

    Late 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 Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Texas Court Strikes Down ACA

    On 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 Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Circuit Declines Expanding Doctrine of Patent Exhaustion

    Helferich Patent Licensing, LLC filed a patent infringement suit against New York Times Co., CBS Corporation and other content providers...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    No Right To A Jury Trial For Attorney Fee Awards Under 35 U.S. Code § 285

    Section 285 of the Patent Act provides: "The court in exceptional cases may award reasonable attorney fees to the prevailing party."
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    How 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 & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Interesting Cert Grants From The Georgia Supreme Court

    On 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 & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    SGR Client National Grange Successful In The 9th Circuit

    On 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 & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Use Of Sovereign Immunity As A Defense In AIA Proceedings

    Recent 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 & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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