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  • Article

    Fourth Circuit Fixes Fair Use

    On April 26, the Fourth Circuit Court of Appeals reversed a controversial ruling that caused significant concerns for visual artists. Brammer v. Violent Hues Productions,
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Court Declines To Stop Illegal Parties During The Pandemic

    Most of the litigation triggered by the coronavirus pandemic so far has involved business disputes - over the terms of commercial leases, for instance, or over claims for business-interruption...
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Cybersecurity In M&A Transactions: Frequently Asked Questions

    Cybersecurity and data privacy concerns arise in many different types of M&A transactions, but greater focus on potential cybersecurity and data privacy issues should be directed toward transactions ...
    United StatesTechnology
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Business Judgment Rule Not A License To Ignore POA Declaration

    Almost every aspect of residential community life and governance may be subject to differences of opinion, second guessing and litigation...
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    IRS Temporarily Authorizes Spousal Consents For Retirement Plan Elections To Be Notarized Or Witnessed Electronically

    On June 3, 2020, the IRS announced that, through the end of the year, spousal consents for retirement plan elections may be notarized or witnessed electronically.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    How Might The "Brexit" Affect IP Rights In The UK And Europe

    Once the UK leaves the European community, European Union trademarks (also known as community trademarks) as well as registered community designs will no longer be valid in the UK.
    European UnionIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New Jersey Amends State WARN Act And Family Leave Act

    On April 14, 2020, New Jersey Governor Phil Murphey signed into law several bills to address the challenges facing employers and employees during the COVID-19...
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Buyer Beware: More Disclosure Requirements For LLCs

    It has become increasingly difficult for homebuyers to play hide-and-seek in New York. For decades, the wealthy, celebrities, and other people concerned about their privacy...
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Corporate Social Responsibility Disclosures: Fodder For Class Action Lawsuits?

    Claims and investigations based on corporate social responsibility ("CSR") disclosures are becoming increasingly common in the U.S. and internationally.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New 2018 Requirements For Condominiums And Cooperatives

    The New York City Council and the New York State Legislature have recently passed legislation subjecting cooperatives and condominiums to new compliance and reporting requirements.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Care And Feeding Of Your Charity

    According to Giving USA, in 2017 Americans contributed $410.02 billion to charity, crossing the $400 billion mark for the first time
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    California Enacts New Pay Data Collections And Reporting Requirements

    On September 30, 2020, California Governor Gavin Newsom signed Senate Bill 973 into law. SB 973 requires California private employers with 100 or more employees to report pay data to the...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOL Expands The Definition Of Fiduciary

    After the proposed rule is published, it enters a 75-day period for written comments.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EEOC Issues Guidance On COVID-19 Vaccination

    With the approval of COVID-19 vaccinations under Emergency Use Authorization, employers should review their policies and procedures to be ready when the vaccine is readily available to the general public.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    IRS Authorizes 401(k) Plan Contributions For Student Loan Repayments

    In a recent Private Letter Ruling (PLR), the IRS authorized making 401(k) plan contributions to participants who repay their student loans instead of contributing to the plan.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New California Decision Favors Employees Who Receive Bonus Pay

    On March 5, 2018, the California Supreme Court issued a decision concerning the way that certain bonus pay affects the calculation of an employee's regular rate under California Labor Code § 510 ...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    OSHRC Vacates OSHA Traffic Injury Citations Against JH Traffic Control

    Did you know that an employer must inform the Occupational Safety and Health Administration ("OSHA") within 24 hours after certain types of work-related injuries to an employee
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Significant USCIS Processing Delays Causing Concern And Harm To Employers And Their H-1B Workers

    Processing of H-1B extensions with the United States Citizenship and Immigration Service (USCIS) continue to be extraordinary slow, at both the Vermont and California Service Centers.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Yes, Virginia, There Is A Santa Claus!

    On September 20, 2016, the Plano Chamber of Commerce and more than 55 Texas and national business groups ("Business Plaintiffs") filed a Complaint in the United States District Court...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    U.S. Supreme Court Issues Decision Regarding How The Federal Clean Water Act Applies To Groundwater Discharges

    On April 23, 2020, the U.S. Supreme Court issued a decision in County of Maui v. Hawaii Wildlife Fund, a closely watched case .
    United StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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