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Yelp Reviewers Unmasked: Did Virginia Court Get It Wrong?

By Joseph A. White By now, you may have seen a headline or read an article about a Virginia appellate court’s recent decision to “unmask” certain anonymous Yelp reviewers. The decision, Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., has inspired much criticism and hand-wringing from technology bloggers, free speech advocates, and others. But those criticisms […]
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Why Experts Are Critical In Premises Liability Cases

By Scott L. Bonder Why is expert testimony critical in premises liability cases? Because, as a recent Georgia appellate court decision illustrates, a plaintiff must ultimately prove the existence of a defective condition, and an expert testimony is frequently required in order to do so. Hayes v. SNS P’ship, LP, A13A1698 (Ga. Ct. App. March […]
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Unmasking Anonymous Internet Posters

By David S. Fried Last month, my law partner, Joe White, asked whether a Virginia Court “got it wrong” when it ruled in favor of “unmasking” anonymous Yelp reviewers.  The trend is continuing and so is the debate over whether a Court’s action compelling such a disclosure violates the First Amendment right of free speech. […]
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Plausibility Impacts Damages Calculations in the Eleventh Circuit

By Scott L. Bonder The Eleventh Circuit recently affirmed the dismissal of a putative class action because the complaint failed to plausibly plead damages overall and failed to plead that the alleged RICO damages were proximately caused by the racketeering activity.   Simpson et. al. v. Sanderson Farms, Inc., 2014 WL 888498 (11th Cir. March 7, […]
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Online Travel Companies Score Victory In Tax Fight With Georgia Cities And Counties

By Scott L. Bonder On December 13, 2013, the Eleventh Circuit awarded a significant victory to online travel companies (OTC’s) in their long-running dispute with Georgia cities and counties over “excess” occupancy taxes the OTC’s allegedly charged their customers.   In City of Rome v. Hotels.com, L.P., the Eleventh Circuit agreed with a lower court ruling […]
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Georgia Courts: A Corporate Guaranty Is A Corporate Guaranty

By Scott L. Bonder Score one for the little guy.   In Citrus Tower Boulevard Imaging Center v. David S. Owens MD PC, the Georgia Court of Appeals strictly enforced a corporate guaranty agreement against a creditor. It held that where a doctor signed a guaranty agreement only in the name of his professional corporation, the […]
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As Congress Weighs Data Security Legislation, Retailers Weigh In

By Joseph A. White Following well-publicized and costly data breaches at big box retailers Target and Neiman Marcus, Congress has begun debating possible legislation aimed at creating uniform federal data security standards. Now, the National Retail Federation—the trade association that represents big box retailers like Target and Neiman Marcus—has joined the debate. On March 5, […]
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Supreme Court Enforces Class Action Arbitration Waiver

In a significant victory for businesses, the United States Supreme Court recently held that a contractual waiver of class arbitration can be enforced under the Federal Arbitration Act (FAA). American Express Co. v. Italian Colors Restaurant, — U.S. – (June 20, 2013). At issue in Italian Colors was American Express’s form merchant contract, which contained […]
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