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  • Article

    "Offer And Acceptance" And "Meeting Of The Minds" Déjà Vu

    In first year "contracts" (in 1966) at NYU Law, Professor Francis J. Putman spent (what seemed like) several weeks on "offer and acceptance" and "meeting of the minds."
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia Department Of Agriculture Accepting Comments On Proposed Hemp Rules

    On July 10, 2019, the Georgia Department of Agriculture issued a Notice of Intent to Consider the Adoption of Hemp Growers and Processor Rules.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    HHS Final Rule Aims To Bring Part 2 Into Alignment With HIPAA

    In early 2024, the U.S. Department of Health and Human Services (HHS) issued a final rule ("Final Rule") amending the regulations in 42 C.F.R. part 2 ("Part 2")...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Big Changes Coming To The Georgia Court Of Appeals

    The manner in which the Georgia Court of Appeals handles disagreements over the disposition of cases will be undergoing big changes over the next few months.
    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 StatesTransport
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Ninth Circuit Affirms ‘Blurred Lines' Infringement Verdict In 2-1 Opinion

    On March 21, 2018, a federal appeals court upheld a jury's finding that Robin Thicke's song "Blurred Lines" infringed on the copyright of Marvin Gaye's "Got to Give It Up."
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Strictly Limited Scope Of Inter Partes Review

    Last month, the United States Court of Appeals for the Federal Circuit (CAFC) issued an opinion in the case of Samsung Electronics America, Inc. v Prisua Engineering Corp.,...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOT.Insurance — The New Internet Place For The Global Insurance Community

    In the past couple of years, ICANN, the international organization responsible for the management and oversight of the Internet, has approved the release of hundreds of new Top Level Domains (TLDs) – including .INSURANCE.
    United StatesInsurance
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOT Insurance — The New Internet Place For The Global Insurance Community

    In the past couple of years, ICANN, the international organization responsible for the management and oversight of the Internet, has approved the release of hundreds of new Top Level Domains (TLDs)
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia's Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims

    A recent decision by the Georgia Court of Appeals will force most construction professionals to radically change their view of the scope and effect of statutory lien waivers in the state of Georgia.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    How the CARES Act Impacts Employer-Sponsored Group Health Plans

    The Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"), the sweeping coronavirus relief package signed into law by President Trump on March 27, 2020, contains a number of provisions...
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New York's Court Of Appeals Reminds You To Know Your Limitations

    Recently, New York's highest court, the Court of Appeals, held that New York State's "borrowing statute" for statute of limitations applies for non-resident plaintiffs even when the contracting parties...
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    What A Trump Administration Will Mean For Franchising

    The election of Donald Trump as the next president of the United States certainly promises significant changes for the nation's businesses.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    A Win For Employers In The Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

    On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Cook County Enacts New Paid Sick Leave Ordinance

    Starting in July of 2017, employers in Cook County, Illinois must provide paid sick leave. The Cook County Board passed the ordinance only a few months after the city of Chicago passed a similar measure...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOL Fiduciary Rule Proposed To Be Delayed Again

    The Department of Labor ("DOL") announced that it officially proposed delaying the effective date of the portions of its new fiduciary rule (the "Rule") to give it more time to consider possible changes to the Rule.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOL Finalizes Investment Fiduciary Rule

    On Tuesday, April 23, 2024, the Department of Labor (the "DOL") issued final regulations regarding investment fiduciary obligations and the definition of an "Investment Advice Fiduciary"...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New York City Enacts Expanded Protections For Transgender Individuals And New Protections For Caregivers

    On January 5, 2016, New York City Mayor Bill de Blasio signed the Caregiver Discrimination Bill, prohibiting employers from discriminating against employees based on their actual or perceived status as a caregiver.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Settling Wage And Hour Claims In The Second Circuit Is Now More Difficult (And Expensive)

    In Cheeks v. Freeport Pancake House, Inc. and W.P.S. Industries, plaintiff Cheeks was a restaurant server and manager who filed claims for, among other things, overtime wages, liquidated damages and attorneys' fees...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Regional Solid Waste Management Authorities

    The Georgia Comprehensive Solid Waste Management Act (the "Act"), enacted by the General Assembly of the State of Georgia in 1990, has placed a number of compliance, management...
    United StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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