ArticleThe Continuing Asbestos SagaFor over 40 years, the courts have been filled with personal injury claims arising out of exposure to asbestos.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleThe Georgia Supreme Court Nears The End Of Its December TermThe Georgia Supreme Court has readjusted its terms of court. One of those adjustments includes adding a December term that will end this year on March 31.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleWho Decides Whether Class Arbitration Is Available? The Eleventh Circuit Weighs InIn JPay, Inc. v. Kobel, Case No. 17-13611 (decided September 19, 2018), the United States Court of Appeals for the Eleventh Circuit addressed ...United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleYour Tax Dollars At "Work": State Of New York And Town Of Oyster Bay Litigate Ownership Of Underwater PropertyBrian Murphy was cited by the Town of Oyster Bay for shellfishing without a permit. Murphy was fishing in waters around the maritime boundary between Oyster Bay and Long Island SoundUnited StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleNew York Court Rules That OSHA's Primary Jurisdiction Over Worker Health And Safety Blocks Nuisance Claim For COVID Related MattersAs COVID infection rates continue to rise in the United States, employees are increasingly looking for creative ways to hold employers liable for infections and unsafe conditions in the workplace. United StatesEmployment and HRSmith Gambrell & Russell
ArticleNew Health Care Top Level Domain AvailableDuring the Sunrise phase, trademark holders who have recorded their marks with ICANN's Trademark Clearinghouse (TMCH) will have the opportunity to claim their .health domain before anyone else... United StatesIntellectual PropertySmith Gambrell & Russell
ArticleWelfare Plan Sponsors May Allow Certain Cafeteria Plan Election Changes Due To COVID-19 PandemicOn Tuesday, May 12, 2020, the IRS issued guidance that provides employers with the flexibility to allow participants to make mid-year cafeteria plan election changes due to the COVID-19 pandemic. United StatesCoronavirus (COVID-19)Smith Gambrell & Russell
ArticleCalifornia Voters Approve Enhanced Data Privacy RightsOn November 3, 2020, California voters approved Proposition 24, an initiative intended to strengthen existing personal data privacy rights. United StatesPrivacySmith Gambrell & Russell
ArticleHHS Provides Guidance On Provider Relief ACT Quarterly Report FormMost healthcare providers have received one or two "Provider Relief" payments from the U.S. Department of Health and Human Services ("HHS") pursuant to the CARES Act.United StatesCoronavirus (COVID-19)Smith Gambrell & Russell
ArticleMain Street Lending Program: When Will It Launch?On April 8, 2020, the Treasury Department and the Federal Reserve first announced their new joint "Main Street Lending Program" intended to provide support lending to small and medium-sized business....United StatesCoronavirus (COVID-19)Smith Gambrell & Russell
ArticleThe Georgia Supreme Court Reaffirms The Effectiveness Of Merger And Disclaimer Clauses In ContractsMamilove and its officers had sued Legacy Academy for rescission of a franchise agreement and for damages relating to the purchase of a franchise. United StatesCorporate/Commercial LawSmith Gambrell & Russell
ArticleCongress Permanently Repeals ACA Taxes And Passes SECURE ActOn Thursday, December 19, 2019, Congress passed a last minute appropriations bill ("Appropriations Bill") that,...United StatesEmployment and HRSmith Gambrell & Russell
ArticleFederal Government Proposes To Expand HRA UseOn October 12, 2017, President Trump signed an Executive Order which directed the Department of Labor, the Department of Treasury, and the Department of Health and Human Services to consider regulations or guidance that would expand the use of health reimbursement arrangements.United StatesEmployment and HRSmith Gambrell & Russell
ArticleIRS Proposes Simplifying And Expanding Hardship DistributionsOn Friday, November 9, 2018, the IRS issued proposed amendments to the regulations relating to hardship distributions from 401(k) plans.United StatesEmployment and HRSmith Gambrell & Russell
ArticleNew EEO-1 Form Aims To Collect More Employement DataNo sooner did employers submit their 2016 EEO-1 filings, than a new EEO-1 form requiring more detailed information was approved by the EEOC.United StatesEmployment and HRSmith Gambrell & Russell
ArticleNew Jersey Releases Required Notice Of Employee Rights In Connection With New Earned Sick Leave LawEarlier this year, New Jersey enacted a law that requires New Jersey employers to provide their employees with paid sick leave.United StatesEmployment and HRSmith Gambrell & Russell
ArticleNew York State's Model Policy On HarassmentOn August 23, 2018, New York State released its model sexual harassment prevention policy, a model sexual harassment complaint form, a model sexual harassment prevention training program,United StatesEmployment and HRSmith Gambrell & Russell
ArticleNLRB Rules That Temporary Staffing Agency Workers Now Eligible To Vote In Union ElectionsThe National Labor Relations Board (NLRB) recently held, in Miller & Anderson, that workers supplied by a temporary staffing agency to a single employer may be included in a bargaining unit...United StatesEmployment and HRSmith Gambrell & Russell
ArticlePreparing For The New EEO-1 ReportMarch 31, 2018, rather than the usual September 30th deadline.United StatesEmployment and HRSmith Gambrell & Russell
ArticlePresident Trump Revokes Fair Pay And Safe Workplaces Executive OrderIn addition, President Trump issued an Executive Order officially revoking President Obama's initial Executive Order.United StatesEmployment and HRSmith Gambrell & Russell