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  • Article

    Georgia's New Uniform Power Of Attorney Act In Review (Part One)

    Effective July 1st of this year, Georgia's new Uniform Power of Attorney Act ("UPOAA") applies to most written, general, financial powers of attorney. A power of attorney ("POA") allows for one party...
    United StatesFamily and Matrimonial
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New York DFS Issues First In The Nation Cybersecurity Regulation

    The New York Department of Financial Services recently issued proposed cybersecurity requirements for financial services companies.
    United StatesFinance and Banking
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Departments Release Final Mental Health Parity Rules With Significant Compliance Implications For Plan Sponsors And Their Service Providers

    The final rules generally apply to group health plans on the first day of the first plan year beginning on or after January 1, 2025.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Supreme Court Decides Judges, Not Agencies, Will Interpret The Law

    In Loper Bright Enterprises v. Raimondo, 603 U.S. ____ (2024). the Supreme Court overturned Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. 467 U.S. 837 (1984).
    United StatesGovernment, Public Sector
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Can US Discovery Rules Be Used To Gather Evidence For Use In Foreign Proceedings?

    In intellectual property cases, it is not uncommon for the parties to be involved in 'parallel proceedings' - litigating related issues in more than one country simultaneously.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Heroes Victorious In The District Of Maryland

    On August 18, 2016, Judge Paula Xinis of the U.S. District Court for the District of Maryland granted client Heroes, Inc.'s Motion to Dismiss for lack of subject matter jurisdiction...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    More On The Revised Subject Matter Eligibility Guidance

    In a recent edition of our IP newsletter, we introduced the U.S. Patent and Trademark Office's (USPTO) new guidelines for subject matter eligibility.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The "Happy Birthday" Song (How Old Are You Now?)

    According to the 1998 Guinness World Records, "Happy Birthday to You" is the most recognized song in the English language.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Trademark Decisions At The ITC May Have Preclusive Effect At The District Court

    On May 18, 2016, Segway filed a Complaint with the International Trade Commission (ITC) alleging violations of 19 U.S.C.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Vulgar Is Vogue: Federal Circuit Finds Lanham Act § 2(A)'S "Immoral Or Scandalous" Provision Unconstitutional

    On December 15, 2017, the Federal Circuit held that Lanham Act § 2(a)'s provision prohibiting the registration of "immoral or scandalous" matter is an unconstitutional violation of the First Amendment.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Liability Is A Matter Of Inches

    Awilka Alonzo sued Audubon Avenue Housing after she purportedly trip and fell over a metal door saddle in her apartment building's lobby at the 215 Audubon Avenue Housing Development.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Music And Passion We're Always In Fashion – At The Copa …Don't Fall…

    The Copacabana nightclub, which opened in 1940 and recently closed due to the pandemic, was legendary for many things: Danny Thomas. Martin & Lewis.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Georgia Supreme Court Looks At Georgia's New Evidence Code

    Effective January 2013, the Georgia General Assembly enacted a new Evidence Code modeled after the Federal Rules of Evidence
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Georgia Supreme Court Looks At Georgia's New Evidence Code

    Effective January 2013, the Georgia General Assembly enacted a new Evidence Code modeled after the Federal Rules of Evidence.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Is Your Website A "Place Of Public Accommodation" Under The Americans With Disabilities Act?

    What do burgers and art supplies have in common? They are both sold on websites recently challenged by disabled plaintiffs.
    United StatesMedia, Telecoms, IT, Entertainment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Reduction Of Data Breach Costs – The 2018 Ponemon Institute Study

    The Ponemon Institute LLC is involved in independent research and education dealing with data protection and information and privacy management practices.
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Did COVID-19 Shutdown Of Renovation Excuse Delay? Hearing Required To Determine Responsibility

    Covid-19 has seriously impacted almost every aspect of residential and commercial life in one manner or another—but, as a recent case illustrates,...
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New 2018 Requirements For Cooperatives And Condominiums

    The New York City Council and the New York State Legislature have recently passed legislation subjecting new compliance and reporting requirements for cooperatives and condominiums.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Long Arm Of The Business Judgment Rule At A Queens Condo

    The Village Mall at Hillcrest Condominium, a pair of 15-story towers built in Kew Gardens Hills, Queens, in the 1970s, bills itself as a place "Where Neighbors Become Friends."
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    What's Sauce For The Goose…

    Julianne Allen sued her neighbors Jennifer and John Powers claiming that their two German Shepherds barked incessantly.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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