ArticleSilica Rule CaseOn 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 HRSmith Gambrell & Russell
ArticleU.S. Department Of Labor Announces Final Rule To Update The FLSA's Regular Rate RegulationsOn 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 HRSmith Gambrell & Russell
ArticleProposed Solar Financing Legislation Tees Georgia Solar Industry Up For Major ExpansionRepresentative 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 ResourcesSmith Gambrell & Russell
ArticleSixth Circuit Upholds Permit Shield Defense Under CWA General PermitsIn 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 StatesEnvironmentSmith Gambrell & Russell
Article2016 Estate Planning UpdateAs 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 MatrimonialSmith Gambrell & Russell
ArticleThe Importance Of Reviewing Your WillMany people neglect to review their Wills, which often can have devastating results.United StatesFamily and MatrimonialSmith Gambrell & Russell
ArticleImpact Of Florida's Medical Marijuana Bill On EmployersIn 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 SciencesSmith Gambrell & Russell
ArticleSenate's Last "Gasp" Effort To Repeal And Replace The ACARepublicans 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 SciencesSmith Gambrell & Russell
ArticleWill The ACA Be Dismantled In Court? Justice Department Declines To Support ACA ProvisionsPresident 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 SciencesSmith Gambrell & Russell
ArticleEvery Dog Will Have Its DayVirginia 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 SectorSmith Gambrell & Russell
ArticleH-4 Spouse Work Authorization Rule ApprovedDHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.United StatesImmigrationSmith Gambrell & Russell
ArticleUpdate On Immigration Executive ActionsIt 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 StatesImmigrationSmith Gambrell & Russell
ArticleSupreme Court Rules That Bankruptcy Does Not Revoke A Trademark LicenseOn 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-StructuringSmith Gambrell & Russell
ArticleAttorney Fees Awards In Lanham Act CasesWhile 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 PropertySmith Gambrell & Russell
ArticleCan 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 PropertySmith Gambrell & Russell
ArticleEstablishing Proper Venue In Patent CasesOn 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 PropertySmith Gambrell & Russell
ArticleFor 2017, The Supreme Court Flips The Two Busiest Patent VenuesFor 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 PropertySmith Gambrell & Russell
ArticleHigh Court Declines Review Of Federal Circuit's Affirmance Of PTAB Interference RulingOn 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 PropertySmith Gambrell & Russell
ArticleIntent To Induce Patent InfringementFour 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 PropertySmith Gambrell & Russell
ArticleIs 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 PropertySmith Gambrell & Russell