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  • Article

    The Continuing Asbestos Saga

    For over 40 years, the courts have been filled with personal injury claims arising out of exposure to asbestos.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Georgia Supreme Court Nears The End Of Its December Term

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

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

    In 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 & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Your Tax Dollars At "Work": State Of New York And Town Of Oyster Bay Litigate Ownership Of Underwater Property

    Brian 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 Sound
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New York Court Rules That OSHA's Primary Jurisdiction Over Worker Health And Safety Blocks Nuisance Claim For COVID Related Matters

    As 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New Health Care Top Level Domain Available

    During 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 Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Welfare Plan Sponsors May Allow Certain Cafeteria Plan Election Changes Due To COVID-19 Pandemic

    On 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
    Smith Gambrell & Russell
  • Article

    California Voters Approve Enhanced Data Privacy Rights

    On November 3, 2020, California voters approved Proposition 24, an initiative intended to strengthen existing personal data privacy rights.
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    HHS Provides Guidance On Provider Relief ACT Quarterly Report Form

    Most 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
    Smith Gambrell & Russell
  • Article

    Main 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
    Smith Gambrell & Russell
  • Article

    The Georgia Supreme Court Reaffirms The Effectiveness Of Merger And Disclaimer Clauses In Contracts

    Mamilove 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 Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Congress Permanently Repeals ACA Taxes And Passes SECURE Act

    On Thursday, December 19, 2019, Congress passed a last minute appropriations bill ("Appropriations Bill") that,...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Government Proposes To Expand HRA Use

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

    IRS Proposes Simplifying And Expanding Hardship Distributions

    On Friday, November 9, 2018, the IRS issued proposed amendments to the regulations relating to hardship distributions from 401(k) plans.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New EEO-1 Form Aims To Collect More Employement Data

    No 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New Jersey Releases Required Notice Of Employee Rights In Connection With New Earned Sick Leave Law

    Earlier this year, New Jersey enacted a law that requires New Jersey employers to provide their employees with paid sick leave.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New York State's Model Policy On Harassment

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

    NLRB Rules That Temporary Staffing Agency Workers Now Eligible To Vote In Union Elections

    The 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 HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Preparing For The New EEO-1 Report

    March 31, 2018, rather than the usual September 30th deadline.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    President Trump Revokes Fair Pay And Safe Workplaces Executive Order

    In addition, President Trump issued an Executive Order officially revoking President Obama's initial Executive Order.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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