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  • Article

    Silica Rule Case

    On Friday, December 22, the U.S. Court of Appeals for the District of Columbia Circuit ruled on challenges to OSHA's new silica exposure standard, rejecting all challenges ...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    U.S. Department Of Labor Announces Final Rule To Update The FLSA's Regular Rate Regulations

    On December 12, 2019, the U.S. Department of Labor ("DOL") announced a final rule clarifying and modifying the types of compensation included ...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Proposed Solar Financing Legislation Tees Georgia Solar Industry Up For Major Expansion

    Representative Mike Dudgeon (R-Johns Creek) introduced HB 57, the Solar Power Free Market Financing Act of 2015, in Georgia’s General Assembly on Thursday, January 15.
    United StatesEnergy and Natural Resources
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Sixth Circuit Upholds Permit Shield Defense Under CWA General Permits

    In the Sixth Circuit case, the Sierra Club had urged the court to hold that only discharges explicitly authorized by a general permit were shielded from suit by the permit shield defense.
    United StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    2016 Estate Planning Update

    As soon as the last of the turkey is made into turkey soup, ‘tis the season to focus on year-end tax planning, particularly taking advantage of the gift tax annual exclusion.
    United StatesFamily and Matrimonial
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Importance Of Reviewing Your Will

    Many people neglect to review their Wills, which often can have devastating results.
    United StatesFamily and Matrimonial
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Impact Of Florida's Medical Marijuana Bill On Employers

    In November 2016, Florida voted to make medical marijuana legal by approving the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Senate's Last "Gasp" Effort To Repeal And Replace The ACA

    Republicans are making a last "gasp" effort to pass "repeal and replace" legislation in the Senate, before the "reconciliation" clock runs out.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Will The ACA Be Dismantled In Court? Justice Department Declines To Support ACA Provisions

    President Trump's administration continues in its mission to dismantle the Affordable Care Act (ACA). While attempts to repeal the ACA through legislation have not succeeded ...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Every Dog Will Have Its Day

    Virginia Hough filed a complaint with the State Division of Human Rights against 1 Toms Point Lane Corporation , a residential cooperative, alleging a violation of the New York State Human ...
    United StatesGovernment, Public Sector
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    H-4 Spouse Work Authorization Rule Approved

    DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
    United StatesImmigration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Update On Immigration Executive Actions

    It is important to note that those who were granted DACA already under the program implemented in 2012 are in no way affected by this ruling, so they should apply for their DACA renewal as planned.
    United StatesImmigration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Supreme Court Rules That Bankruptcy Does Not Revoke A Trademark License

    On May 20, 2019, in deciding Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, the U.S. Supreme Court settled a circuit split regarding an unresolved legal issue ...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Attorney Fees Awards In Lanham Act Cases

    While Octane Fitness was a patent law decision, the Lanham Act and Patent Act both limit the award of attorney fees to "exceptional" cases.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Can The State Of Georgia Own A Copyright In Its Official Code?

    The Official Code of Georgia Annotated (the "OCGA") is made up of not only the statutory laws, but also various annotations.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Establishing Proper Venue In Patent Cases

    On February 5, 2019, the Federal Circuit denied rehearing en banc in In Re Google LLC, 2018-152, leaving unsettled the question of whether the presence of computer servers satisfies the "regular and established place...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    For 2017, The Supreme Court Flips The Two Busiest Patent Venues

    For years, the U.S. District Courts for the Eastern District of Texas and the District of Delaware have seen the most patent infringement cases filed by far over the several other courts spread throughout the United States.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    High Court Declines Review Of Federal Circuit's Affirmance Of PTAB Interference Ruling

    On Monday, the U.S. Supreme Court declined to review a case in which the Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board ("PTAB") judgment ...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Intent To Induce Patent Infringement

    Four years ago the Supreme Court tried, in Global-Tech Appliances v. SEB, to clarify what it takes to prove "intent" to induce patent infringement.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Is Fair Use Still Fair?

    A recent decision from the Eastern District of Virginia took an expansive view on the fair use defense to copyright infringement that calls into question the scope of copyright protection for photographers.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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