Legal Alerts

Legal Alerts

  • May 23, 2024
    Arbitration of Wrongful Discharge Claims Remains Alive and Well in the State of Washington

    In a ruling favorable to employers, an appellate court in Washington issued an opinion holding that two healthcare facilities can compel an independent contractor working temporarily at their facilities to arbitrate her claims in Georgia, even though the parties seeking to compel arbitration are not signatories to the arbitration agreement.

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  • May 22, 2024
  • May 22, 2024
    New York Appellate Court Clarifies How to Evaluate Restrictive Covenants in Commercial Contracts

    Somewhat surprisingly, given New York’s reputation as a business hub and trendsetter for business law rulings, there has been a lack of clarity from the judiciary concerning how to evaluate the enforceability of a restrictive covenant, such as a covenant not to compete, in an ordinary commercial contract. The New York Appellate Division, Second Department recently waded into these waters and attempted to provide some needed clarity in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, 2024 NY Slip Op 01744, decided March 27, 2024

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  • May 22, 2024
    O.C.G.A. 9-11-26.1: Georgia’s Version of the Apex Doctrine

    On May 1, 2023, Governor Brian Kemp signed Senate Bill 74 into law, amending O.C.G.A. 9-11-26 and adding a new section: 9-11-26.1. Read together, these new code sections amend the Georgia Civil Practice Act to codify and expand upon discovery protections available under common law to high-ranking corporate officers. O.C.G.A. 9-11-26.1(a) defines an “officer” as “a current or former high-ranking officer of an organization with unique and extensive scheduling demands or responsibilities.” The same subsection defines an “organization” to include “any governmental entity and any other organization, public or private, that is large and complex.”

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  • May 16, 2024
    California Supreme Court Clarifies That Wage Statement Penalties Are Unavailable if Employer Acted in Good Faith

    The California Supreme Court rendered an opinion that California employers will undoubtedly welcome. In Naranjo (Gustavo) v. Spectrum Security, Inc. (2024 Cal. LEXIS 2438), the Court confronted the issue of whether an employer’s good faith yet erroneous belief that it has complied with the wage statement reporting requirements of Labor Code section 226 precludes the imposition of penalties for the knowing and intentional failure to comply with that section.

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  • May 16, 2024
    Georgia Senate Bill 426: The End to Direct Action Suits Against Motor Carriers’ Insurers

    On March 18, 2024, the Georgia General Assembly passed Senate Bill 426, amending O.C.G.A. 40-1-112 and 40-2-140. This bill significantly limits the situations in which a plaintiff can name and assert a direct action against the insurer of a motor carrier. After a 172-0 passage in the House and 46-2 passage in the Senate, Georgia Governor Brian Kemp signed the bill into law on May 6, 2024, and it will take effect on July 1, 2024.

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  • May 14, 2024
    OFAC Prohibitions Related to Imports of Aluminum, Copper, and Nickel of Russian Federation Origin

    The Office of Foreign Asset Control (OFAC) issued on April 12, 2024 a Determination for Prohibitions Related to Imports of Aluminum, Copper, and Nickel of Russian Federation Origin, and a Determination for Prohibitions on Certain Services for the Acquisition of Aluminum, Copper, or Nickel of Russian Federation Origin (the “Determinations”), which prohibits the importation, exportation, sale, and other service activities involving aluminum, copper, and nickel of Russian Federation origin.

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  • May 14, 2024
    New Georgia Law Alters Landscape for Settlement Offers in MVA Cases, Provides Bad Faith Safe Harbor

    On April 22, 2024, Georgia Governor Brian Kemp signed Senate Bill 83, which makes significant changes to the language of O.C.G.A. § 9-11-67.1. The changes in the statute apply to “any offers to settle a tort claim for personal injury, bodily injury, or death arising from a motor vehicle collision made on or after the date this Act is approved by the Governor[.]”

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