SAVE THE DATE: The 2013 ACG Mid-South Capital Connection
Many privately-held operating companies looking to grow find themselves facing constant and formidable challenges dealing with such issues as regulatory compliance, risk management, development of...
View ArticlePrior Bankruptcy Case Might Mean Plaintiff Has No Claim
“Karen Auday had a bad week.” So began a recent opinion by the Sixth Circuit Court of Appeals that amounted to a bad day in court for Ms. Auday, due to her failure to disclose a...
View ArticleEffective Immediately, Construction Employers Must Adapt to Revised...
On March 8, 2013, the U.S. Citizenship and Immigration Services (“USCIS”) published a new Employment Eligibility Verification Form I-9 (“I-9”). With a revision...
View ArticleNo Contract? If Not, Does The "Economic Loss Rule," Or CGL Exclusions Bar...
Damage caused by negligent or defective “Work” is often discovered long after a construction project is completed. You, the claimant, have no contract with the company causing the...
View ArticleHow Effective Are Forum Selection Clauses In Design Or Construction Contracts?
Construction and commercial contracts frequently include provisions that require any disputes under the contract to be litigated in a specifically named forum. Subject to certain state and federal...
View ArticleWelcome To The Linguistic Neighborhood: Defalcation After Bullock v....
In a unanimous decision released on May 13, 2013, in Bullock v. Bankchampaign, 569 U.S. --- (2013), the United States Supreme Court answered the question as to the legal definition of...
View ArticleGeorgia Supreme Court vacates Court of Appeals ruling in Reese v. Provident...
The Georgia Supreme Court on Monday, May 20th, vacated the controversial and troublesome decision of the Georgia Court of Appeals in Reese v. Provident Funding Associates, LLP. In Reese, the Court of...
View ArticleHighlights of the Federal Response to the Fiscal Cliff
On January 1, 2013, the U.S. Senate and the U.S. House of Representatives approved The American Taxpayer Relief Act (the “Act”) in a last-ditch effort to respond to tax increases...
View ArticleThe Servicemembers Civil Relief Act: What it means for creditors' rights
The Servicemembers Civil Relief Act (“SCRA”) was enacted in 2003 as a modern update to the Soldiers’ and Sailors’ Civil Relief Act of 1940. Congress’s...
View ArticleCompanies Breathe a Sigh of Relief Following Delay of Affordable Care Act's...
Tuesday, July 2, the Treasury Department announced that it will postpone implementing a key provision of the Affordable Care Act requiring large employers with 50 or more full-time employees to offer...
View ArticleFaulty Workmanship May Now Be an "Occurrence" Under a Commercial General...
The Georgia Supreme Court has followed a national trend and broadly expanded the definition of an “occurrence” under a commercial general liability (“CGL”)...
View Article11th Circuit Court of Appeals Clarifies Georgia Foreclosure Notice Requirements
The 11th Circuit Court of Appeals, in Carr v. U.S. Bank, N.A., 2013 U. S. App. LEXIS 16997 (August 16, 2013) clarified the status of Georgia foreclosure notices in light of the recent Georgia Supreme...
View ArticleRecent Bankruptcy Ruling on Unrecorded Mortgage Gives Bank Win over Trustee
The Bankruptcy Code does no favors for a bank holding an unrecorded mortgage at the time the bankruptcy petition is filed. The Code allows a trustee to avoid the bank’s lien and pursue the...
View ArticleGeorgia Court of Appeals Issues Important Restatement of Law on Settlement...
On September 5, 2013, in the case of Wooden v. Synovus Bank, A13A0876, the Georgia Court of Appeals issued an important restatement of the law on guaranties in Georgia. Writing for the Court, Judge...
View ArticleOctober 1 - Deadline for employer notification of Health Insurance Exchange...
By October 1, 2013, employers covered by the Fair Labor Standards Act (FLSA) should provide a written notice to their employees that describes certain elements of the Health Insurance Exchanges...
View ArticleOSHA Focuses on Safety of Temporary Workers
OSHA has launched an initiative to protect temporary workers. Last April, OSHA issued a memorandum to its regional administrators asking them to focus on the safety of temporary workers. The memorandum...
View ArticleIs Your Guaranty Enforceable After Foreclosure Without Confirmation By The...
Strong express terms of guaranty may allow creditors to collect deficiencies whether or not the foreclosure sales of real estate are confirmed. In the recent ruling of HWA Properties, Inc. v. Community...
View ArticleEPA’s Final Rule Accepts New ASTM Standards For All Appropriate Inquiries
On December 30, 2013, EPA issued its Final Rule which recognized that complying with the latest version of the ASTM Phase I Environmental Site Assessment Standards (E 1527-13) complies with the EPA all...
View ArticleContract Drafters Beware: No Appeal Arbitration Provisions May Not Be...
Inclusion of “no appeal” provisions in arbitration clauses has increased in recent years, as parties seek finality to the costly and time-consuming arbitration process. Commercial...
View ArticleSCOKY to Review “Secret Lien” Case
The Supreme Court of Kentucky (SCOKY) is expected to rule shortly on the enforceability of a secret lien in favor of a county economic development authority. The secured transaction provisions in...
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