Georgia

  • March 25, 2024

    Walmart Blocks DOJ Proceedings Over Immigration Records

    The federal government cannot continue pursuing proceedings before the U.S. Department of Justice's Office of the Chief Administrative Hearing Officer against Walmart for alleged violations of immigration-related recordkeeping requirements, a Georgia federal judge ruled Monday, saying the office's administrative law judges unconstitutionally carry out federal law without presidential oversight.

  • March 25, 2024

    Wild Horses Can't Drag Ga., Feds Into Enviro Suit, Judge Told

    U.S. and Georgia government officials have again asked a Peach State federal court to throw out claims they illegally neglected feral horses on Cumberland Island, arguing a revised lawsuit from conservation groups still can't show they are responsible for damage committed by the animals.

  • March 25, 2024

    Atlanta Wants Ex-Eatery's 'Spurious' Demolition Suit Tossed

    The city of Atlanta has asked a Georgia federal judge to dismiss a property owner's suit accusing it, its property review board and its police department of trying to illegally demolish the property, once set to become a Starbucks coffee shop, without proper notification.

  • March 25, 2024

    Truist Says Plastic Co. Trying To Dodge $20M Default

    Faced with the threat of a Georgia plastics company absconding with millions in assets after defaulting on a series of loans, Truist Financial Corp. has asked a federal court to halt an alleged fraud in progress by the manufacturer by appointing a receiver to take control of its property.

  • March 25, 2024

    Ga. Judge Slams Attys Over 'Incredible' House Arrest Request

    A Georgia federal judge on Monday postponed the sentencing of a cybersecurity contractor convicted of hacking into a hospital's computer systems after tearing into his attorneys over their request for nearly five years of home confinement instead of prison, for which the judge found "no basis."

  • March 25, 2024

    Atty Urges 11th Circ. To Revive Race Bias Suit Against Ga. Bar

    A Georgia attorney who is accusing the state bar of having an "apartheid disciplinary process" that discriminates against Black lawyers asked the Eleventh Circuit on Monday to revive her discrimination suit, saying the lower court erred when it found it didn't have jurisdiction in the case.

  • March 25, 2024

    Disbarred Ga. Atty Takes Reinstatement Fight To 11th Circ.

    A disbarred Georgia attorney has called on the Eleventh Circuit to revive her suit challenging the denial of her reinstatement bid, arguing that a lower court was wrong to find she doesn't have standing because she is no longer an attorney or does not have a pending readmission application.

  • March 25, 2024

    Trump Ally Jeffrey Clark Faces Disbarment In DC Hearing

    In a case one expert called "the single most significant" in the history of the Washington, D.C., bar, a former U.S. Department of Justice official is set to go before an ethics panel this week to face charges over his role in former President Donald Trump's efforts to undermine the 2020 election.

  • March 25, 2024

    Radio Host's Sex Orientation Bias Claims Fall Flat At 11th Circ.

    The Eleventh Circuit rejected a former radio host's push for a second shot at pursuing his claims that he was fired because of his bisexuality, after the panel found he hadn't overcome the station's argument that he was terminated over a drunken episode at a concert.

  • March 25, 2024

    Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."

  • March 25, 2024

    Trump Can't Dismiss Hush Money Case, Trial Set For April

    A New York state judge on Monday emphatically denied Donald Trump's motion to dismiss the Manhattan district attorney's hush money case in the wake of a late evidence dump by federal prosecutors, scolding the former president's attorney and setting trial for April 15.

  • March 22, 2024

    Edible Arrangements' Prior Deal Forecloses IP Row With Rival

    A Georgia federal judge ended Edible Arrangements' trademark suit accusing 1-800-Flowers.com of bidding on and buying keywords related to Edible's products for search engine advertisements, finding the parties' prior settlement releasing 1-800-Flowers from similar conduct challenged by Edible in Connecticut federal court years ago barred its current action.

  • March 22, 2024

    Marketers Want FCC Robocall Rule Put On Ice During Appeal

    A trade group has asked the Federal Communications Commission to hold off on a rule approved in December clamping down on robocalls and texts while the organization pursues an Eleventh Circuit challenge to the new regulations.

  • March 22, 2024

    Judge Cuts ICE Contractor, Keeps US In Medical Abuse Suit

    A Georgia federal judge on Friday left standing only a narrow sliver of class claims against the federal government from immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody, dismissing the bulk of their lawsuit.

  • March 22, 2024

    Legal Tech Execs Can't Arbitrate ESOP Valuation Fight 

    A legal technology company's executives and related entities can't arbitrate a proposed class action alleging they undervalued the company's shares when shutting down its employee stock ownership plan, thereby costing participants $35.4 million, a Georgia federal judge ruled, finding the plan's arbitration clauses blocked remedies allowed by federal benefits law.

  • March 22, 2024

    11th Circ. Says Pipefitting Co. Must Rehire Union Workers

    A Georgia pipefitting company violated federal labor law when it prematurely terminated a project labor agreement with a union, then fired or rescinded job offers to 18 union-represented workers, the Eleventh Circuit ruled Friday, upholding decisions by a National Labor Relations Board panel and an agency judge.

  • March 22, 2024

    Ex-Ga. Insurance Head Cops To Healthcare Kickback Scheme

    Former Georgia Insurance Commissioner John Oxendine pled guilty Friday to working with an Atlanta-area doctor to run a multimillion-dollar medical testing kickback scheme just weeks before he was set to face trial in federal court.

  • March 22, 2024

    Fleetcor, Ga. Man Agree To Settle Reimbursement Denial Row

    A Georgia man claiming a payment processing company wrongfully denied him reimbursement for funds stolen from his bank account has agreed to settle his suit with the parent company Fleetcor Technologies Inc. in Georgia federal court.

  • March 22, 2024

    GOP States Can't Step Into Asylum Limits Suit, DC Judge Told

    The Biden administration and a group of asylum-seekers say Republican-led states can't intervene in their attempts to settle a lawsuit challenging asylum limits, with both parties saying the states had admitted that the administration adequately represented their interests.

  • March 22, 2024

    Trump Election Case Gives Young Ga. Judge 'A World Stage'

    As Fulton County Superior Court Judge Scott McAfee prepares for perhaps the highest profile case he will ever see, legal experts and former state justices told Law360 that the young jurist has the ethics and temperament to not let the politically charged Donald Trump prosecution derail a promising legal career.

  • March 22, 2024

    Ga. GOP Chair Must Face State Court Charges, 11th Circ. Told

    Fulton County prosecutors on Thursday urged the 11th Circuit to keep former Georgia GOP Chair David Shafer's election interference case in state court, arguing that his federal removal bid is based on the "fiction" that his role as a would-be elector for the 2020 election somehow grants him federal officer status.

  • March 21, 2024

    Year Deadline On Inspection Tort Is 'Absurd,' Ga. Justices Told

    A lawyer for the family of a man who was killed when his home's retaining wall collapsed told the Supreme Court of Georgia on Thursday that the home's inspector should be liable for his death, calling a one-year cutoff on litigation asserted by the inspector "absurd."

  • March 21, 2024

    AGs Urge Congress To Address Hemp Intoxicants In Farm Bill

    A bipartisan coalition of 21 attorneys general is urging Congress to address what the state officials call a public health and safety crisis by amending federal hemp policy to clarify that intoxicating products derived from hemp extracts are not legal under federal law.

  • March 21, 2024

    Feds Defend Congressional Authority To Reduce HFCs

    The EPA is urging the D.C. Circuit to reject coolant industry challenges to a gradual reduction of climate-damaging hydrofluorocarbons, arguing it had a congressional mandate to establish the phase-out and correctly excluded recent years' chemical imports from future quota calculations.

  • March 21, 2024

    Trump's Mystery Docket: Inside NY's Secretive Filing System

    The first criminal indictment of a former American president may have arrived in 21st century New York, but it landed in a court system stuck in the past — where the official record is a disorganized and incomplete mass of paper with no accounting of what's inside.

Expert Analysis

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Young Thug Case Spotlights Debate Over Lyric Admissibility

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    A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Questions Awaiting Justices In 'Repugnant' Verdicts Hearing

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    In McElrath v. Georgia, the U.S. Supreme Court will decide whether the double jeopardy clause bars retrial when a jury reaches a so-called repugnant, or logically contradictory, verdict — with the ultimate resolution resting on how this narrow issue is framed, say Brook Dooley and Cody Gray at Keker Van Nest.

  • How Justices Could Rule On A Key Copyright Statute

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    Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • Lenders Must Prep For Ga. Commercial Financing Disclosures

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    Since Georgia’s new commercial financing disclosure requirements may be a lender's first foray into complicated Truth-In-Lending-Act-style laws, providers should work with investor counterparties to prepare early disclosures, in compliance with statutory tolerances, for borrowers whose loan agreements take effect Jan. 1, says Melissa Richards at Buchalter.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Ga. Ruling A Win For Plaintiffs Injured By Older Products

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    The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

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