News & Publications

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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Open Mouth, Forfeit $80,000.00: A Harsh Lesson About Confidentiality Agreements

By David S. Fried This February, a Florida appellate court threw out an $80,000.00 age discrimination settlement because the Plaintiff’s daughter boasted about it on Facebook in violation of a confidentiality agreement. Ouch. The settlement resulted from Patrick Snay’s age discrimination and retaliation suit against his former employer, Gulliver Preparatory Schools. Snay was the former […]
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What’s In a Name? A Lot, When it Come to Signing Contracts

By Joseph A. White The capacity in which a person signs a contract matters. The Georgia Court of Appeals recently reaffirmed this long-standing principle in the case of Courtland Hotel, LLC v. Salzer. In Salzer, the plaintiff hotel sued an event planner after the company he represented cancelled a “My Little Pony” fan convention (uh, […]
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Business Judgment Rule Formally Recognized in Georgia

By Scott L. Bonder The business judgment rule requires that courts defer to good faith decisions of corporate officers concerning the running of their businesses. The issue is commonly raised by shareholders (directly or derivatively) suing an officer or director for a perceived bad decision. Provided that the decision was made in good faith, even […]
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Georgia Legislature Enacts Law Providing Greater Protection for Whistleblowers

Georgia lawmakers recently enacted the Georgia Taxpayer Protection False Claims Act (“Georgia FCA”). The Georgia FCA seeks to prevent fraud against the state government by (a) empowering citizens to file lawsuits against perpetrators of fraud on the government’s behalf; and (b) protecting employee whistleblowers from retaliation by their employers. The Georgia FCA permits citizens to […]
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Company Social Media Accounts: Ownership of Accounts and Followers

By David S. Fried It has not taken long for social media accounts to overtake traditional web pages in the customer awareness and marketing space.   Social media providers, like Facebook and Twitter, provide their platforms to users free of charge. Nevertheless, companies spend significant resources crafting their messages and building awareness around their brand through […]
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California Attorney General Sues For-Profit College

On Thursday, October 10, 2013, California Attorney General Kamala Harris filed a civil lawsuit against for-profit educational company Corinthian Colleges, Inc. (“Corinthian”). The lawsuit follows a ten-month investigation by the California AG’s Office and it accuses Corinthian of false advertising, lying to students, and defrauding investors. The for-profit education sector has come under increased scrutiny […]
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