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  • Article

    Tom Brady's Legal "Hail Mary" Is Likely To Fail

    On Monday, May 23, Tom Brady's attorneys filed a petition for rehearing en banc, in other words, a rehearing by all thirteen active judges of the U.S. Court of Appeals for the Second Circuit...
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    When Can You Apportion Liability For A Group Action?

    How do you apportion liability among parties equally responsible for a decision? Short answer: Sometimes, you don't
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Who Decides Whether Class Action Arbitration Is Available? The Eleventh Circuit Weighs In

    In JPay, Inc. v. Kobel, Case No. 17-13611, the United States Court of Appeals for the Eleventh Circuit addressed whether a court or an arbitrator must decide whether a matter could be arbitrated as a class action.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Can't Just Phone In U.S.-E.U. Safe Harbor Compliance

    Recent civil actions this month brought by the Federal Trade Commission (FTC) against two companies that allowed their certification under the U.S.-E.U.
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    A Disguised Late Fee Is Nevertheless A Late Fee: Landlord Fails To Navigate Statutory Restrictions

    Residential rent late fees and charges are unambiguously limited by statute in New York. A landlord's effort to avoid the legal restrictions was the subject of a recent appeal
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Special Allocation Of Condominium Common Charges

    In your condominium, there are professional or commercial units that have a 19% common interest and vote but pay only 10% of the building expenses. Is this fair? Is it legal?
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    April 15th Income Tax Deadline Postponed

    In response to the coronavirus disease 2019 (COVID-19) outbreak, on March 20, 2020 the IRS released Notice 2020-18 which postpones the April 15, 2020 income tax filing due date to July 15, 2020.
    United StatesTax
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New York State Publishes Final Guidance In Connection With Anti-Sexual Harassment Law

    New York State issued final guidelines and an updated model policy in connection with the state's recent Anti-Sexual Harassment Law.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The U.S. Department Of Labor ("DOL") Issues Two Opinion Letters

    On November 3, 2020, the U.S. Department of Labor ("DOL") issued two new opinion letters providing additional guidance under the Fair Labor Standards Act
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Industry Training With USPTO Highlights Trademark Challenges For Fashion

    The trainings establish a direct line of communication between the examiners and attorneys practicing before the trademark office in question.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Does Pandemic Mandated Closing Excuse Payment Of Commercial Lease Rent? Court Rejects Defenses Of Impossibility/Frustration Of Performance

    BKNY1, Inc. (tenant) operated the 132 Lounge on Montague Street in Brooklyn. 132 Capulet Holdings, LLC (landlord) sought an order vacating the Yellowstone injunction...
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Addressing Cybersquatting In A Post-WHOIS Blackout World

    Imagine a customer complains to you about a product they purchased online from YOURBRAND.COM. Only you don't own this domain name, and the problematic product is a counterfeit.
    GlobalMedia, Telecoms, IT, Entertainment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New Developments: Disappearing Data: WHOIS Blackout

    Further to our IP alert on May 22, two important developments have taken place in the last few days.
    GlobalPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Is Inadequate Data Security An Unfair Trade Practice?

    In LabMD, Inc. v. Federal Trade Commission, Case No. 16-16270 (decided June 6, 2018) the United States Court of Appeals for the Eleventh Circuit addressed the enforcement ...
    United StatesConsumer Protection
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    After Initial Hesitation, Treasury And Customs And Border Protection Jointly Provide Partial Duty Deferral

    Since the COVID-19 outbreak hit the United States, nothing has been "business as usual" for those in the apparel industry
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Annual Meetings And COVID-19

    We have received a number of COVID-19 related inquiries from cooperative and condominium boards asking about how to deal with annual shareholder
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    COVID-19 Related Assistance For Cooperatives And Condominiums Under The Federal CARES Act

    Significant benefits may be afforded cooperatives and condominiums through the Paycheck Protection Program contained in the CARES Act passed by Congress and signed into law on March 27th.
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Main Street Lending Program Overview

    On April 8, 2020, and then again on April 30, 2020, the United States Department of the Treasury and the Board of Governors of the Federal Reserve System announced new details of their...
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Common Buyer Mistakes During Merger Upswings

    Almost every business desires growth as one of its main goals and mergers and acquisitions are a traditional means of accomplishing such growth.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Conexx: America Israel Business Connector Announces Four-Part Speaker Series - October 15th, 2015

    The Professional Connector of Conexx: the America Israel Business Connector, will be organizing a four-part speaker series in Atlanta that will feature exciting topics and speakers.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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