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Brian J. Manikowski

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Brian J. Manikowski

Partner
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Biography

Brian J. Manikowski is a Partner in the Raleigh office of Hall Booth Smith from which he covers all Central and Eastern portions of North Carolina. His practice focuses on the defense of high-exposure transportation, construction defect, law enforcement liability, and premises liability matters.

Brian has significant experience in all stages of litigation and has defended cases in both state and federal courts. He is also well versed in the different avenues of alternative dispute resolution and will zealously advocate to achieve a favorable result for his clients.

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Prior to joining Hall Booth Smith, Brian practiced for five years in Boston, Massachusetts, where he successfully defended clients across all levels of state and federal courts.

Brian obtained his Juris Doctor from Boston College and earned a Bachelor of Arts, with distinction, in Public Policy from the University of North Carolina at Chapel Hill. During his undergraduate studies, he served as the President of Delta Sigma Phi Fraternity and was a member of the UNC Marching Band.

Brian resides in Wake Forest, North Carolina, with his wife Alison, his daughter Madison, and the family dog, Macaroni.

Credentials

Admitted

State Courts:

  • Georgia, 2020
  • Massachusetts, 2015
  • North Carolina, 2021

U.S. District Courts:

  • U.S. District Court for the Northern District of Georgia, 2020
  • U.S. District Court for the District of Massachusetts, 2019
  • U.S. District Court for the Eastern District of North Carolina , 2022
  • U.S. District Court for the Middle District of North Carolina , 2022
  • U.S. District Court for the Western District of North Carolina , 2022

Education

  • J.D., Boston College
  • B.A., with honors, Public Policy, University of North Carolina at Chapel Hill

Presentations

  • Independent Contractor or Employee: How to Decide and Why It Matters
    North Carolina Association of Defense Attorneys Annual Meeting; June 15, 2024

Recognition

In the Press

Singapore’s Amendments to Its Cybersecurity Laws

The Cyber Security Agency of Singapore released amendments to its cybersecurity laws on May 7, reinterpreting how critical information infrastructure is defined, identified, and secured.

Federal Trade Commission (FTC) Updates

FTC final rules, business guidance, warnings, and enforcement actions keep rolling in. Check out the latest round up of Federal Trade Commission (FTC) updates in the data privacy sector.

EDPB Task Force Issues Report on ChatGPT Compliance with GDPR

The EDPB recently issued a report on the work done by the ChatGPT Taskforce offering guidance on how AI programs might be evaluated for GDPR compliance going forward…

Vermont Data Privacy Act (VDPA) H.121: Manifest Destiny Data Protection

Vermont’s new Data Privacy Act is poised to be the second strongest in the U.S., focusing on protecting consumers and children from aggressive data gathering and addictive algorithms. Learn about the bill’s key provisions, compliance requirements, and potential impact on your business.

ED Management: Jade Davis on AI Tools & Medical Standards of Care

Jade Davis recently offered insight into AI tools as legal standards of care for EDs in an interview for ED Management.

2024 Proposed Board Rule Changes in Georgia Workers’ Compensation

The State Board of Workers’ Compensation in Georgia has recently posted several proposed rule changes, which it expects to take effect starting July 1, 2024…

2024 Lawdragon 100 Leading Immigration Lawyers Honors HBS Little Rock Partner

HBS Little Rock Partner George Ernst was recognized for his work in immigration & international business matters in the 2024 Lawdragon 100 Leading Immigrant Lawyers list.

HBS Oklahoma City Adds Three Attorneys to Its Growing Team

Hall Booth Smith’s Oklahoma City office is excited to announce the addition of Partner Shawn Arnold and Associates Emma Farha and Zach Williams as it grows to better serve the Oklahoma City area and its surroundings.

Litigators Lounge: Immigration Law for Agricultural & Seasonal Workers, with Misty Wilson Borkowski

Immigration law expert and HBS Little Rock Partner Misty Wilson Borkowski rejoins the hosts to discuss the complexities of immigration with agricultural and seasonal workers.

PrivacyCafé: Navigating AI in Health Care with Rachel Stuve, Elevance Health

On this episode of PrivacyCafé, Richard Sheinis and Jade Davis discuss navigating AI in the health care sector with guest speaker Rachel Stuve.

China’s New Regulations for Cross-Border Transfers

In March 2024, the Cyberspace Administration of China published new regulations on the cross-border data flows. These regulations aim to loosen the constraints of the compliance burden companies face while having operations in China…

FTC Updates the Health Breach Notification Rule: Health-Related Websites & Mobile Apps Beware

The FTC recently updated the Health Breach Notification Rule regarding the disclosure of health related information among websites and mobile applications.

Privacy Dynamics Woven into Recent Foreign Aid Package

In April 2024, the “Foreign Adversary Controlled Applications Act” and “Protecting Americans’ Data from Foreign Adversaries Act of 2024” were signed into legislation, resulting in numerous data privacy matters being affected…

New Department of Labor Rule Enhances Protections for Farmworkers

The DoL recently announced a final rule aimed at strengthening protections for farmworkers under the H-2A program. This rule, effective June 28, 2024, addresses vulnerabilities and abuses experienced by workers in the program, promoting fair labor standards for all farmworkers in the U.S…

Daily Business Review: Stephanie Rodriguez on Incivility in Civil Litigation

In an article published for Daily Business Review, Miami Attorney Stephanie Rodriguez discusses acts of incivility by opposing counsel and encourages all attorneys to play fair.

Litigators Lounge: The FTC Torpedoes Non-Competes

The hosts review the Federal Trade Commission’s recent proposal to ban non-compete clauses and agreements and the implications doing so may have for employers.

HBS Charleston Attorneys Selected as 2024 South Carolina Rising Stars

HBS is proud to announce Charleston Partner Derek M. Newberry and Attorney M. Shanter Chaparro have been recognized on the Super Lawyers 2024 South Carolina Rising Stars List for their experience in Construction Litigation matters.

HBS Adds Of Counsel Andrew A. Murdison & Attorney Jordan Bell to Growing Augusta Office

Hall Booth Smith is proud to welcome Of Counsel Andrew A. Murdison and Attorney Jordan Taylor Bell as it looks to grow its Augusta office.

CMS Finalizes Rule Increasing Minimum Staffing Standards in Nursing Homes

On April 22, 2024, The Centers for Medicaid and Medicare Services released a final rule that implements new minimum nurse staffing requirements in nursing homes…

Let the Competition Begin! Everything You Need to Know About the FTC Rule Banning Non-Compete Agreements

On April 23, 2024, the United States FTC issued a sweeping final rule regarding the use of non-compete clauses in employment, creating new prohibitions and other changes to ongoing non-competes.

Litigators Lounge: Immigration Law for Employers, with Misty Wilson Borkowski

The hosts welcome immigration law expert and HBS Little Rock Partner Misty Wilson Borkowski to discuss the complexities of immigration within employment law.

Attorney Brianne “Bri” Wendol Joins HBS Tampa

Hall Booth Smith is pleased to welcome Attorney Brianne “Bri” Wendol to its Tampa location.

Attorney Dana A. King Joins HBS Atlanta

Hall Booth Smith Atlanta is excited to welcome Attorney Dana A. King, who focuses her practice in aging services, health care, and medical malpractice matters.

HBS Athens Welcomes Attorney S. Tyler Normandia

Hall Booth Smith is proud to add Attorney S. Tyler Normandia to its Athens office. He focuses his practice on general liability, medical malpractice, and premises liability matters.

A Quick & Easy Guide to California’s Suite of Proposed AI Regulations

California rolled out 31 new Artificial Intelligence bills affecting almost every level of commerce. Find out how they may affect your business, human resource operations, healthcare, schools, and more.

Navigating the Updated OCR Guidance on Online Tracking Technologies: Key Insights

The recent update issued by OCR on March 18, 2024, revised the initial guidance from December 1, 2022, providing clearer directives for HIPAA covered entities and business associates regarding the deployment of online tracking tools.

Of Counsel Kim Rosetti Joins HBS New York City’s Medical Malpractice Group

Hall Booth Smith is pleased to welcome Of Counsel Kim Rosetti to their medical malpractice team.

PrivacyCafé: Analysis & Implications of the EU AI Act

Richard Sheinis and Jade Davis discuss the European Union’s Artificial Intelligence Act and its implications for businesses globally, especially in the USA.

HBS West Palm Beach Bolsters Team with Attorneys Jon Szabo, Jennifer Thomas, & Richard Solomon

Hall Booth Smith is proud to announce the addition of experienced attorneys Jon Szabo, Jennifer K. Thomas, and Richard A. Solomon to its West Palm Beach office.

Litigators Lounge: Interview with Teresa Pike Tomlinson

This episode of Litigators Lounge brings Women’s History Month to an end with special guest Teresa Pike Tomlinson, a partner in the HBS Columbus office.

2024 New Jersey Super Lawyers Honors HBS Paramus Partner Harry D. Norton, Jr.

We’re excited to announce that Paramus Partner Harry Norton has been recognized on the 2024 New Jersey Super Lawyers list.

HBS West Palm Beach Welcomes Attorneys Allison J. Forster & Jessica Chavis

Hall Booth Smith West Palm Beach is excited to welcome Attorneys Allison J. Forster and Jessica Chavis to its team.

A Closer Look: EU’s Finalized AI Act & What It Means for the U.S.

Touted as the world’s first comprehensive legal framework of its kind, the AI Act will go into effect in stages over the next three years. The AI Act will apply to both businesses operating within the EU and to any AI developers or creators whose AI systems are used in EU countries and raises a few questions…

Litigators Lounge: Equal Pay Day & the Ongoing Quest for Pay Equity

Jacqueline Voronov and Shylie Bannon examine the state of gender pay equity in recognition of Equal Pay Day on their Litigators Lounge podcast.

Meta’s “Pay or Consent” Model Instills Consumer Protection Issues in European Union

The EU Consumer Protection Agency has rallied against Meta’s “Pay or Consent” model, claiming it is entirely too aggressive and coercive, fundamentally undermining the principles of GDPR.

Compromise Brings EU Artificial Intelligence Act One Step Closer to Final

On February 13, 2024, EU member states voted unanimously in favor of the proposed EU AI Act, the result of extensive negotiations and compromises between member states and is now expected to be formally adopted in March or April of this year.

PrivacyCafé: Predictions for 2024 in Data Privacy & Cybersecurity

Partners Richard Sheinis and Jade Davis discuss their predictions for the data privacy and cybersecurity industry in 2024.

LockBit Takedown & Pseudo-Reemergence Continue to Crystallize the Economic Impacts of Ransomware-as-a-Service

In the ongoing global hunt for cybercriminals, the past thirty days have been illuminating for some, unsurprising for others, and climactic for all following the takedown of LockBit.

Centers for Medicare and Medicaid Services Proposes Changes Under Section 111

CMS has clarified its plans to amend Section 111 relating to workers’ compensation settlements, announcing its plan to change its TPOC under Section 11 and increase the CMP to be imposed on reporting entities.

HBS Denver Partner Bradley N. Shefrin Recognized on the 2024 Colorado Super Lawyers List

Hall Booth Smith celebrates Denver Partner Bradley N. Shefrin for being recognized on the 2024 Colorado Super Lawyers list.

Litigators Lounge: Looking Back at 60 Years of Gender Discrimination & Title VII

On the newest episode of Litigators Lounge, Paramus Partner Jacqueline Voronov and Jacksonville Partner Shylie Bannon celebrate the start of Women’s History Month by discussing the history of Title VII of the Civil Rights Act of 1964.

HBS Atlanta Adds Attorney Hayden Lee Chapman

Hall Booth Smith is proud to announce the addition of Attorney Hayden Lee Chapman to its Atlanta office, whose practice focuses on aging services, business transactions, corporate and partnership, and government affairs matters.

Attorney Avi J. Rothfeld Joins HBS New York City

Hall Booth Smith New York City is excited to welcome Attorney Avi J. Rothfeld, who focuses on aging services, general liability, and medical malpractice matters.

HBS Partners Richard Sheinis & Jade Davis Host New Podcast “PrivacyCafé”

Hall Booth Smith is proud to announce the launch of its new podcast PrivacyCafé, hosted by Partners Richard Sheinis and Jade Davis.

HBS Denver Welcomes Attorney Manda L. “Mandy” Neuman

Hall Booth Smith Denver is excited to welcome Attorney Manda L. “Mandy” Neuman, who concentrates her practice on construction and general liability litigation defense.

HBS Attorneys Chosen to 2024 Georgia Rising Stars List

HBS is excited to announce that four attorneys have been selected to the 2024 Georgia Rising Stars list by Super Lawyers.

HBS Partners Selected to 2024 Georgia Super Lawyers List

HBS is proud to announce that Atlanta Partners John E. Hall, Jr. and Rush S. Smith, Jr. along with Alpharetta Partner C. Michael Johnson have been recognized on the 2024 Georgia Super Lawyers list by Super Lawyers.

FTC Moves to Modernize Children’s Online Privacy Protection Rule

After almost four years of review and 175,000 public comments later, the FTC unveiled its plan to update the Children’s Online Privacy Protection Rule (COPPA Rule) on December 20, 2023, after the Commission voted 3-0. The last COPPA revision was made in 2013…

Hotel Business Review: Jacqueline Voronov on Employee Social Media Use in the Workplace

Paramus Partner Jacqueline Voronov recently published an article for Hotel Business Review that discusses the legal implications hotels and hospitality companies need to navigate with employee’s use of social media.

EU’s Cookie Reduction Pledge: How It Affects Your Business

The EU’s cookie reduction pledge represents a significant move towards enhanced digital privacy. While offering more control over cookies, the emergence of alternative tracking methods like device fingerprinting and contextual targeting highlights new complexity, reminding companies that users are no longer data-naïve.

Forecasting 2024 Global Privacy Legislative Developments

Global legislative developments in the privacy sphere were abundant in 2023. Privacy professionals from around the world predict that legislation pertaining to data privacy and cyber security will continue to flourish in 2024, and this post explores those predictions.

HBS Jacksonville Adds Attorney Tristan Alex Villegas

Hall Booth Smith Jacksonville is excited to announce the addition of Attorney Tristan Alex Villegas, who focuses his practice on construction, medical malpractice, and premises liability matters.

U.S. Senate Special Committee on Aging Holds Hearing on Assisted Living for First Time in 20 Years

The U.S. Senate Special Committee on Aging recently held its first hearing in 20 years on aging services. Here’s what you need to know.

Litigators Lounge: Analyzing New Department of Labor Guidelines

This episode discusses the recently announced final rule by the U.S. Department of Labor on the classification of a worker as either an employee or independent contractor.

HBS Columbus Welcomes Attorney Frank G. Lumpkin IV

Hall Booth Smith Columbus is excited to welcome Attorney Frank G. Lumpkin IV, who focuses on complex trial and appellate civil practice as well as on a range of government relations matters.

HBS Mourns the Loss of Michael Callicutt

We are deeply saddened to announce that our colleague and friend Michael Callicutt, an Associate in our Athens office, passed away on January 22nd.

HBS Asheville Adds Associate J. Boone Tarlton

Hall Booth Smith is proud to have Attorney J. Boone Tarlton join the firm in its Asheville office.

HBS Welcomes Attorneys Sarai Medrano & Julie Hill to Little Rock

Hall Booth Smith is pleased to welcome Attorneys Sarai Medrano and Julie Hill to its Little Rock office.

The World’s First Comprehensive AI Law — the EU AI Act — is a Landmark in AI Regulation

Globally, business owners are asking how the European Union’s AI Act affects their business. This article will delve into the Act and how businesses will be affected globally, with an emphasis on the U.S.

Of Counsel Allison Burke Thompson Joins HBS Charleston

Of Counsel Allison Burke Thompson has joined the HBS Charleston office and will primarily focus on appellate, construction, insurance coverage, and real estate matters.

Attorney Alex Black Joins HBS Denver

Hall Booth Smith is excited to welcome Attorney Alex Black to its Denver office.

Litigators Lounge: Religious Accommodation in the Workplace

In the newest episode of Litigators Lounge, Jacqueline Voronov and Shylie Bannon discuss the implications of the Supreme Court ruling, Groff v. DeJoy, on employer handling of religious accommodations in the workplace

HBS Attorneys Selected as 2024 North Carolina Super Lawyers & Rising Stars

HBS is proud to announce that Super Lawyers has recognized Asheville Partner Issac N. Northup, Jr. and Charlotte Associate Christian Ferlan on their 2024 North Carolina Super Lawyers and 2024 North Carolina Rising Stars lists, respectfully.

HBS Nashville Welcomes Three Attorneys

HBS Nashville is thrilled to welcome Attorneys Daniel D. Derner, Gage C. Smythe, and Paul E. Tennison to its team.

The U.S. Department of Labor has Finalized Its New Independent Contractor Rule: Here’s What It Means for Your Business

The DOL announced its Final Independent Contractor Rule that defines whether a worker is considered an employee or independent contractor under the FLSA

Litigators Lounge: Social Media in the Workplace

In episode 3 of Litigators Lounge, Partners Jacqueline Voronov and Shylie A. Bannon consider various challenges related to social media usage in the workplace

Attorney Jonathan Perez Joins HBS Miami

HBS Miami proudly welcomes Attorney Jonathan Perez, whose practice focuses on general liability, medical malpractice, and premises liability matters

HBS Jacksonville Welcomes Attorneys Ashleigh M. Brooks & Brittany Love

Hall Booth Smith is pleased to announce the addition of attorneys Ashleigh M. Brooks and Brittany Love to its growing Jacksonville office.

Litigators Lounge: Remote Work, Mandated Returns, & Reasonable Accommodations

On this episode of Litigators Lounge, Paramus Partner Jacqueline Voronov and Jacksonville Partner Shylie Bannon discuss the complex legal and workplace dynamics surrounding return to office mandates, remote and hybrid work models, and the Americans with Disabilities Act

Oklahoma Bar Journal: Campbell & Narendran on Changes to Rule 702 & Oklahoma Law

Oklahoma City attorneys Timothy F. Campbell and Anamayan Narendran have authored an article for the Oklahoma Bar Journal reviewing recent changes to Rule 702 of the Federal Rules of Evidence.

Fifteen HBS Attorneys Appointed to Partner

HBS introduces fifteen attorneys as newly appointed partners in recognition of their exceptional client service and outstanding leadership

HR Legal & Compliance Excellence: George Ernst on 2024 H-1B Sponsorship Tips for Employers

In an article published on December 29, 2023, for HR.com’s HR Legal & Compliance Excellence magazine, Little Rock Partner George Ernst discusses the challenges associated with the H-1B visa program, including restrictions of new visas and the process of sponsoring foreign nationals

HBS Grows Missoula Office with Addition of Three Attorneys

Hall Booth Smith Missoula is proud to welcome Attorneys Marisa L. Wahlstrom, Annabelle Smith, and Britton J. Fraser as it continues to grow to serve its clients in the state of Montana

The Senior Advisor: Maria Wood on Fall Management Root Cause Analysis & Disclosures

Last month, Raleigh Partner Maria P. Wood spoke alongside Joan Porcaro and Rhonda DeMeno from WTW on the fifth and final episode in their mini-series on fall management for their podcast The Senior Advisor. The series, which covers a variety of topics concerning the senior living industry, concluded with a discussion on post-fall root cause

HHS Warnings Trigger Class Actions Against Medical Providers for Use of Online Tracking Technologies

After roughly a year of multiple warnings by the HHS concerning the usage of online tracking technologies and associated privacy and security risks, class action lawsuits have begun to be filed…

The FTC Shows Its Dislike of Facial Recognition Technology

In May 2023, the FTC issued a warning that it would be closely monitoring the use of biometric information technology, including those powered by machine learning, because they raise significant consumer privacy and data security concerns and have the potential for bias and discrimination. On December 19, the FTC made good on its promise by

Four Attorneys Join HBS Atlanta’s Thriving Team

The firm welcomes Colton J. Carpenter, Adam North, Catherine Kennedy McKnight, and Theodore “Chase” Johnson to their legal team, strengthening their commitment to delivering top-tier legal services to clients in Georgia and beyond

West Palm Beach Adds Attorneys Naira Castilhos & Dallas Dorosy

Hall Booth Smith is proud to expand its West Palm Beach office with Associates Naira Castilhos and Dallas Dorosy

HBS Red Bank Welcomes Attorney John R. Petillo

Hall Booth Smith is excited to welcome Attorney John R. Petillo to its Red Bank location

HBS Adds Four Attorneys as Paramus Office Grows

Our Paramus office is excited to welcome Of Counsel Craig Chaney and Associates Alex N. Kim, Michael P. Tonge, and Taylor D. Wood

HBS Partners Shylie A. Bannon & Jacqueline Voronov Host New Podcast ‘Litigators Lounge’

Hall Booth Smith is proud to announce the launch of its new podcast Litigators Lounge, hosted by Partners Shylie A. Bannon and Jacqueline Voronov

California Privacy Protection Agency Board Approves Legislative Proposal to Require Browsers to Offer Opt-out Preference Signals

On December 8, 2023, the California Privacy Protection Agency (CPPA) Board voted 5-0 at its meeting to advance a legislative proposal to require browser vendors to include a feature that allows users to exercise their California privacy rights through opt-out preference signals. This recent unanimous decision marks a significant stride toward fortifying consumer privacy rights in the digital realm

Justice Department Disrupts Prolific AlphV/Blackcat Ransomware Variant

On December 19, 2023, the FBI announced its investigation into Blackcat group, also known as AlphV or Noberus, and that it gained visibility into AlphV’s computer network due in part to assistance provided by an informant. “Law enforcement engaged a confidential human source who routinely provides reliable information related to ongoing cybercrime investigations,” the FBI

Business of Law Digest Honors HBS with Inaugural Best Place to Work Award

Hall Booth Smith is proud to announce it is the only Georgia-based law firm to be recognized on the inaugural “Best Places to Work” list from The Business of Law Digest, in conjunction with Best Companies Group

HBS Tampa Adds Five Attorneys to its Growing Office

Hall Booth Smith is excited to expand its Tampa office with the addition of Partner Bruce D. Peisner and Associates Alexis S. Duffey, Charlie Chin, Kiernan S. O’Keefe, and Emily K. Lehman

Of Counsel Tiffiny Montenegro Joins HBS Brunswick

Hall Booth Smith is delighted to welcome Of Counsel Tiffiny Montenegro to its Brunswick office

New Rule Requires Increased Transparency in Nursing Home Ownership

On November 15, 2023, the Centers for Medicare and Medicaid Services (CMS) finalized a rule requiring increased transparency in nursing home ownership…

HBS Birmingham Welcomes Attorney Erin Lyon

Hall Booth Smith Birmingham is proud to welcome Attorney Erin Lyon whose practice focuses on medical malpractice, health care, dental, and general liability law.

Attorney Austin L. Hord Joins HBS Memphis

Hall Booth Smith Memphis proudly welcomes Attorney Austin L. Hord, who focuses his practice on general liability, medical malpractice, products liability, and premises liability matters

Hotel Business Review: Jacqueline Voronov on Key NLRB Decisions Shaping Labor Relations in 2023

In an article published in December 2023 in the Hotel Business Review, Paramus Partner Jacqueline Voronov discusses key decisions by the National Labor Relations Board (NLRB) which have shaped labor relations in 2023 and beyond. “While the NLRB's commitment to protecting employee rights is essential, it is crucial to recognize that a one-sided, employee-centric approach

HBS Atlanta Welcomes Four Attorneys

Hall Booth Smith is thrilled to announce the addition of four attorneys to its Atlanta office. Associates Caylie Cross, Ruth “Ruthie” Owen, Misty I. Ezejiofo, and Shea Maloney join the ranks as they help further serve clients in the surrounding Atlanta area

HBS Rogers Adds Medical Malpractice Associates Brittany Elaine Hawkins and Garrett A. Bannister

Hall Booth Smith is proud to expand its Rogers office with Associates Brittany Elaine Hawkins and Garrett A. Bannister, whose practices focus on medical malpractice matters

Another Year Wasted for U.S. Federal Data Privacy Legislation

As the rest of the world continues to move forward with national data privacy legislation, the United States continues its well-established habit of proposing piecemeal data privacy laws that go nowhere

California Privacy Protection Agency (CPPA) Publishes Revised Draft Cybersecurity Audit Regulations in Advance of December Board Meeting

On November 8, 2023, the CPPA published an updated draft of its cybersecurity audit regulations, intended, in part, to facilitate board discussion and public participation during the upcoming CPPA board meeting…

EU-UK Data Privacy Round Up

November was a busy month for data privacy. See below for updates to the EU AI Act, the Information Commissioner’s Office’s (ICO) response regarding third party cookies, the ICO’s appeal of Clearview ruling, and the Italy data protection authority’s (DPA) training probe

Attorney Madelyn Boren Joins HBS Columbus

Hall Booth Smith Columbus welcomes Associate Madelyn Boren to the team, who focuses her practice on complex litigation, appellate, and general liability matters

Concurrent Jurisdiction in Workers’ Compensation Claims

Workers’ compensation is, at its core, one of the more state-specific areas of the law. Each state legislates its own statutes and regulations and operates its own administrative body, often very differently…

HBS Opens Office in Buffalo, New York

Hall Booth Smith is expanding its reach in the Northeast with a new office in Buffalo, New York. This will be the firm’s third office in New York, located at Seneca One Tower, 1 Seneca Street, Suite 2900, Buffalo, New York 14203

HBS Expands Miami Office & Welcomes Five Attorneys

Hall Booth Smith bolsters its Miami team by welcoming Partners Ramon Emilio “Ray” Javier and Richard A. Vargas, whose seasoned expertise and leadership will significantly contribute to the growth of the office, along with Associates Dalianett Corrales, Arlette Gomez, and Hannah Marie Blanck

HBS Attorneys Recognized in 2023 Mid-South Super Lawyers Awards

HBS has been recognized for its outstanding legal work as 10 of its attorneys are selected to the 2023 Mid-South Super Lawyers and Rising Stars lists

HBS Names Bill Hendricks Chief Financial Officer

HBS proudly announces the appointment of seasoned senior finance and operations executive Bill Hendricks as Chief Financial Officer

HBS Jacksonville Adds Three Attorneys

Hall Booth Smith is thrilled to announce the addition of three attorneys to its Jacksonville office. The firm welcomes Jacob Salter, Tonianne Attard, and Zackary A. Blanton to its legal team

Denver Partner Bradley N. Shefrin Honored by Barrister’s Best as Top Construction Lawyer for 2023

Denver Partner Bradley N. Shefrin has been recognized by Law Week Colorado as the People’s Choice Construction Defects Lawyer for Defendants as part of their Barrister’s Best awards for 2023

HBS Reflects on the Loss of Joseph F. Herbert, III

Our hearts are heavy as we grieve the loss of our dear friend and colleague Joseph F. Herbert, III, a Partner in our Red Bank, New Jersey, office who passed away suddenly on November 13

Navigating the Changing Landscape of Labor Relations: An Update on Recent Developments for Employers

In a world where the only constant is change, the realm of labor relations and employment law is no exception. The landscape is continually reshaped by new regulations, technological advancements, and shifting societal norms. For employers navigating these turbulent waters, staying informed and agile is not just advantageous, it's essential. This article delves into three

HBS Opens Augusta Office, Its Seventh in Georgia, to Better Serve Clients

Hall Booth Smith has opened its seventh office within the state of Georgia with a new location in Augusta. With this growth, HBS enhances its accessibility and responsiveness to clients in eastern Georgia, ensuring that their legal needs are met efficiently and effectively

HBS Denver Welcomes Attorney Robert McLeod

Hall Booth Smith is pleased to announce the addition of Attorney Robert McLeod to its team in its Denver office

Healthcare Risk Management: Jason Hendren on Securing Evidence After Adverse Events

In an article published on November 1, 2023 in Healthcare Risk Management, Rogers Partner Jason Hendren provides insight into steps health care organizations should take after an adverse event. Jason explains preventing changes to the medical record is one of the most critical first steps. “You can’t have doctors, nurses, or anybody else jumping in

HBS Recognized for the Fourteenth Year in the 2024 Edition of Best Law Firms®

Hall Booth Smith is proud to announce that for the fourteenth year it has been recognized in the 2024 edition of Best Law Firms® as a Tier 3 national firm in two practice areas and also received 63 Metro rankings across its offices

HBS Charlotte Adds Attorneys Lea McBryde & Charles “Jake” Taylor

Hall Booth Smith Charlotte is excited to welcome Attorneys Lea McBryde and Charles “Jake” Taylor to its office

Attorneys Caroline Buchanan & M. Shanter Chaparro Join HBS Charleston

Hall Booth Smith Charleston is excited to announce the addition of Attorneys Caroline Buchanan and M. Shanter Chaparro

HBS Birmingham Welcomes Partner Robert M. “Robby” Ronnlund

Hall Booth Smith Birmingham is excited to announce the addition of Partner Robert M. “Robby” Ronnlund, who specializes in the defense of high-exposure personal injury, wrongful death, products liability, and medical malpractice matters

Attorneys Manpreet K. Randev & Zubin Chadha Join HBS Denver

Hall Booth Smith is pleased to welcome Attorneys Manpreet K. Randev and Zubin Chadha to its Denver office

HBS Athens Adds Associate Emma Hamlet

Hall Booth Smith is proud to expand its Athens office with Associate Emma Hamlet

StrategicCHRO360: Juanita Kendall on Stay Interviews & Employee Retention

In an article published on October 9, 2023, on StrategicCHRO360, HBS Chief Human Resources Officer Juanita Kendall discusses the importance of “stay interviews” to retain talent, how to combat burnout, and how to counteract poaching. "Turnover is high across the workforce, and there’s plenty of poaching going on. Recruiters are likely reaching out to your

Hotel Executive: Jacqueline Voronov on 303 Creative, Free Speech, & the Hospitality Industry

In an article published in October 2023 in HotelExecutive, Paramus Partner Jacqueline Voronov discusses the 303 Creative decision and analyzes its impact on the hospitality industry. “The decision's implications can vary, as states have their own anti-discrimination laws and legal interpretations. Some states may use the decision to uphold strong anti-discrimination protections, while others might

HBS Alpharetta Welcomes Attorney Taylor Kogan

Hall Booth Smith Alpharetta welcomes Attorney Charles Taylor Kogan to the firm, who focuses his practice on real estate matters, business transactions, construction, and bankruptcy creditors’ rights

New Panel, Same Rules

If a workers’ compensation claim was a one-act play (and oftentimes it seems it is), the panel of physicians would be the main character. For employers and insurers, the goal is to make sure the panel is the hero of the show rather than the anti-hero.

HBS Atlanta Adds Workers’ Compensation Attorney Chlo’e L. Thornton

Hall Booth Smith is proud to announce the addition of Attorney Chlo’e L. Thornton to its Atlanta office, whose practice focuses on defending employers in workers’ compensation matters

Attorney Michael Peterzell Joins HBS Atlanta

Hall Booth Smith is proud to have Attorney Michael Peterzell join the firm in its Atlanta office.

HBS Legal Trends: Legal Implications of Using AI in Your Business

Our most recent HBS Legal Trends podcast features Charlotte Partner Richard Sheinis and Tampa Of Counsel Jade Davis. Together, they discuss the legal implications of using artificial intelligence (AI) in your organization, including how AI can be used, the implementation of AI, developing internal AI policies and procedures, best practices, and much more. You can

Jeffrey T. Wolber Named to Super Lawyers 2023 New York Metro Rising Stars List

HBS is proud to announce that New York City Attorney Jeffrey T. Wolber has been recognized on the Super Lawyers 2023 New York Metro Rising Stars list.

Part B News: Abtin Mehdizadegan on How Medical Practices Can Handle Doctor Drug Abuse

In an article published on September 11, 2023, in Part B News, Little Rock Partner Abtin Mehdizadegan provides insight into how medical practices should address situations where doctors may be using or abusing drugs. As medical administration seeks to address these situations, Abtin cautions them not to “play doctor when all we’re supposed to do

HBS Atlanta Welcomes Education Attorney Harold Eddy

Hall Booth Smith Atlanta is proud to announce that education attorney Harold Eddy has joined its ranks as Of Counsel.

Recent OIG Report Could Result in a Revamp & Refocus of Georgia’s Nursing Facility Survey Process

On September 7, 2023, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) issued a report expressing concerns about life safety, emergency preparedness, and infection control compliance in Georgia nursing facilities…

Attorney Samuel Robert Velasquez Joins HBS Charleston

Hall Booth Smith Charleston welcomes Associate Samuel Robert “Sam” Velasquez to the team, whose practice focuses on aging services, general liability, insurance coverage, labor and employment, premises liability, products liability, and transportation.

Industry Today: Jade Davis on Artificial Intelligence (AI) for Manufacturing Companies

In an article published on September 14, 2023, for Industry Today, Tampa Of Counsel Jade Davis discusses how artificial intelligence (AI) and machine learning can positively impact the manufacturing industry through streamlining and increased efficiency. She also provides insight on how companies can utilize these emerging technologies while mitigating risk. “The cost-benefit of AI makes

ED Management: Jade Davis Discusses Emergency Department Unauthorized Records Access

In an article for the September 2023 edition of ED Management, Tampa Of Counsel Jade Davis discusses the unauthorized access of records by staff in emergency departments (ED). In it, she touches upon the frequency of these issues, noting that "It is, unfortunately, a recurring dilemma," and that the breaches "tend to be more prevalent

Attorneys Mathis L. Gales and Dylan Magruder Join HBS Atlanta

Hall Booth Smith is excited to welcome Attorneys Mathis L. Gales and Dylan Magruder to its Atlanta office.

HBS Names Kevin Ladd Chief Information Officer to Support Firm’s Growth

Hall Booth Smith has named highly experienced information technology executive Kevin C. Ladd to the newly created position of Chief Information Officer to oversee a transformation of the firm’s technology organization and support its growth.

HBS Missoula Adds Of Counsel Joe Newman

Hall Booth Smith Missoula is proud to welcome Of Counsel Joe Newman, whose practice ranges from medical malpractice and general litigation defense to transactional matters.

HBS Raleigh Expands by Adding Of Counsel JT Mlinarcik

HBS Raleigh is pleased to welcome Of Counsel JT Mlinarcik, as it continues to expand its influence throughout the surrounding area.

When Red Flags Just Can’t be Overlooked

The purpose of the Georgia Workers Compensation Act is to provide immediate medical care and wage replacement or income benefits for injured workers. But once these “red flags” are present the question arises: What can I do to stop this type of action and deter others from attempting the gain unwarranted workers compensation benefits?

E-Crypto News: Danielle Dudai on What’s Next for Cryptospace Following SEC Actions

In an article published August 22, 2023, in E-Crypto News, West Palm Beach Of Counsel Danielle Dudai shares her insight on what to expect with crypto regulation as a result of the SEC’s actions and recent court decisions. “The concern of course is that the government will try and over-regulate, and eliminate decentralized assets, in

Daily Report: Alex Booth & Fred Hubbs on Recent Partner Promotions

In an August 17, 2023, article published by Daily Report, Atlanta Partners Alex H. Booth and Fred L. Hubbs, Jr. reflect on the recent election of several HBS attorneys to Partner. We firmly believe that their determination and invaluable contributions will not only enhance the experiences of our clients but also fortify the growth of

Daily Business Review: Danielle Dudai Reflects on the Ripple Labs Crypto Ruling

In an article published August 17, 2023, in Law.com’s Daily Business Review, West Palm Beach Of Counsel Danielle Dudai shares an opposing view to those who have celebrated the SEC v. Ripple Labs decision as a profound moment for the cryptocurrency community. “Every now and then, a court will issue a ruling that lawyers are

34 Hall Booth Smith Lawyers Named to 2024 Best Lawyers: Ones to Watch® in America

Hall Booth Smith is pleased to announce that 34 lawyers have been included in the 2024 edition of Best Lawyers: Ones to Watch® in America. The award recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Fourth Circuit Reiterates South Carolina’s High Standard for Insurers’ Reservations of Rights

In a decision issued on December 13, 2022, the Fourth Circuit Court of Appeals affirmed the district court’s ruling that two insurers insufficiently reserved their rights under general liability policies issued to their insureds for claims arising out of construction defect litigation and, therefore, could not disclaim coverage…

55 Hall Booth Smith Lawyers Recognized as 2024 Best Lawyers® Award Recipients

We’re pleased to announce that 55 lawyers have been included in the 2024 edition of The Best Lawyers in America®.

Jacksonville Business Journal Names HBS to 2023 Largest Law Firms

The Jacksonville Business Journal has named the Jacksonville office of Hall Booth Smith to its list of largest law firms as ranked by area attorneys for 2023. HBS ranked at #11 with 16 area attorneys and continues to grow year to year.

Charleston Business Magazine Honors Twelve HBS Attorneys as 2023 Legal Elite

Hall Booth Smith is proud to announce twelve of its attorneys were selected to be among Charleston Business Magazine’s 2023 Legal Elite, the only regional awards program that allows every active attorney to nominate and vote for their peers across 26 categories.

HBS Atlanta Adds Of Counsel Mark L. Pickett

Hall Booth Smith Atlanta is proud to welcome Of Counsel Mark L. Pickett, whose practice focuses on construction, general liability, premises liability, products liability, and transportation matters.

Aging Services Of Counsel Kathleen Wilkinson Returns to HBS Atlanta

Hall Booth Smith is proud to welcome Of Counsel Kathleen Wilkinson to its Atlanta office, who previously joined the Atlanta office from 2017 to 2021.

American Bar Association: Jade Davis on Collaborative Tech & Social Media for E-Discovery

In an article published on June 20, 2023, for the American Bar Association, Tampa Of Counsel Jade Davis offers insight into how the continued use of collaborative technologies and remote work applications like Asana, Zoom, and Microsoft Teams will lead to the demand for the production of these electronic communications as electronically stored information (ESI).

Hall Booth Smith Promotes Six Partners

Hall Booth Smith celebrates as it has named six new partners, all of which have shown incredible commitment, insight, and dedication to serving their clients’ needs.

Law360: Richard Sheinis on Online Tracking Tech & HIPAA Compliance Risks

In an article published on August 9, 2023, in Law360, Charlotte Partner Richard Sheinis discusses how increased utilization of technology to track activity online could bring HIPAA compliance risks. “An individual does not have to be a patient of a covered entity, for the covered entity's collection of that individual's information to be PHI. The

NCADA: Adam Peoples on Third-Party Litigation Funding & Need for Legislative Action

In an article written for the North Carolina Association of Defense Attorneys (NCADA), Asheville Partner Adam Peoples reviews the complications associated with third-party litigation funding. Adam, along with HBS Summer Associate Connor Wiseman, discuss recent increases in this type of funding along with associated risks and why, consequently, there is a need for legislative action

HBS Atlanta Welcomes Three Attorneys

Hall Booth Smith, P.C. is thrilled to announce the addition of three attorneys to its Atlanta office. The firm welcomes Anna E. O’Donnell, Delenia King, and Paysen S. Bevans to their legal team, strengthening their commitment to delivering top-tier legal services to clients in Georgia and beyond.

Construction Pricing Provisions

John F. Kennedy once said: “Let us never negotiate out of fear, but let us never fear to negotiate.” It was not all that long ago that subcontractors were able to offer price guarantee estimates and bids. With material cost increases, supply chain disruptions, and labor shortages, it is becoming increasingly difficult to effectively estimate

NLRB Issues Its Long-Awaited Decision on Employer Handbook Rules: Why All Employers Should Take Note

Introduction On August 2, 2023, the National Labor Relations Board (NLRB) finally issued its long-awaited, watershed decision in Stericycle, Inc., 372 NLRB No. 113, which has nationwide impact on employers of all sizes and industries, whether unionized or not. Under the Board’s new standard, when employers seek to implement specific work rules or policies, the

The Legal Intelligencer: George Ernst on USCIS Visa Guidance Implications for TV, Movie Industries

In an article published on August 2, 2023, in The Legal Intelligencer, Little Rock Partner George Ernst discusses how USCIS guidance affects foreign workers in the the television and movie industries. “The O-1B artist and O-1B MPTV distinction is important because the evidence needed for approval will vary depending on which petition a foreign national

HBS Jacksonville Welcomes Partner Kevin M. Davis and Attorney Michael J. Robson

Hall Booth Smith Jacksonville proudly welcomes Partner Kevin M. Davis and Attorney Michael J. Robson.

HBS Charlotte Adds Attorney Ryan O. Hargrave

Hall Booth Smith Charlotte is excited to welcome Attorney Ryan O. Hargrave, whose practice focuses on business litigation and general liability matters.

Diversity Professional: Juanita Kendall on Building Inclusive Leadership & DEI Accountability

In an article published earlier this summer in Diversity Professional, Chief Human Resources Officer Juanita Kendall highlights the hurdles law firms face in building inclusive leadership and ensuring Diversity, Equity, and Inclusion (DEI) accountability and details how Hall Booth Smith is addressing these challenges. "We focus on diverse candidate sourcing by actively seeking out diverse

Attorney Cory A. Chitwood Joins HBS Nashville

HBS Nashville welcomes Attorney Cory A. Chitwood, who primarily practices in insurance coverage and medical malpractice matters.

Part B News: George Ernst on How Foreign Doctors Can Fill Hiring Gaps & Potential Difficulties

In an article published on July 10, 2023, in Part B News, Little Rock Partner George Ernst discusses how foreign doctors can help fill gaps in hiring through different visa categories but also highlights the difficulties faced. “There’s no limit on the number of [O-1] visas available, which is helpful,” said George. “After USCIS approves

Law.com: Jacquelyn Smith Clarke on How She Made Partner

In an article published on July 20, 2023, by Law.com, Atlanta Partner Jacquelyn Smith Clarke is profiled highlighting her journey to becoming a partner at the firm. When asked what she thought was the deciding factor for the firm in naming her partner, Jacque shared that she always tries “to say ‘yes’ to new opportunities,

Tampa Attorney Jade Davis Appointed to the Florida Bar Standing Committee on Cybersecurity and Privacy Law

Hall Booth Smith congratulates Tampa office Of Counsel Jade Davis on her appointment to the Florida Bar Standing Committee on Cybersecurity and Privacy Law.

Oklahoma City Adds Attorney Timothy F. Campbell

Hall Booth Smith’s Oklahoma City office is excited to announce the addition of Attorney Timothy F. Campbell.

HBS Tampa Welcomes Attorney Stephanos C. Yiannas

Hall Booth Smith is excited to welcome Attorney Stephanos C. Yiannas to its Tampa location. Stephanos focuses his practice on general liability, insurance coverage, medical malpractice, premises liability, and products liability matters. Prior to joining HBS, he worked as an Associate in Brentwood, Tennessee, where he represented large corporations, individuals, and contractors in a variety

HotelExecutive: Danielle Dudai on Hotel Trafficking & Significance of Employee Training

In an article she published earlier this month for HotelExecutive, West Palm Beach Of Counsel Danielle Dudai analyzes sex trafficking cases involving hotels to demonstrate the importance of employee training. “What is interesting to observe in the study of claims against each hotel is that many times there will be allegations that the hotels are

Sarasota Magazine: Jade Davis on Workplace Harassment

In a July 5, 2023, article published by Sarasota Magazine, Tampa Of Counsel Jade Davis offers insight into how to handle workplace harassment, particularly for female employees. Jade reviews organization procedures and preventative measures, discusses strategies for communicating to the appropriate parties when an incident has occurred, and reflects on additional options to increase workplace

Hotel Interactive: Richard Sheinis on Artificial Intelligence (AI) in Hospitality

In a June 25, 2023, article written for Hotel Interactive, Charlotte Partner Richard Sheinis reviews the potential roles artificial intelligence (AI) can play within the hospitality industry. In it, he provides an overview of what AI is, how it works, and what opportunities and risks some popular technologies such as ChatGPT may hold for those

South Carolina Court of Appeals Gives Insurance Company a Reprieve when Complying with a Time-Demand

Recently, the South Carolina Court of Appeals’ enforcement of a settlement resulted in favor of an insurer in the case styled O’Conner v. Collier. The court enforced a settlement where the claimant argued that the insurer had not properly complied with the terms of its settlement demand…

Supreme Court Rejects “De Minimis” Standard in Determining Whether a Religious Accommodation Constitutes an Undue Hardship

On June 29, 2023, the Supreme Court of the United States issued a landmark decision in Groff v. DeJoy, Postmaster General that will require employers nationwide to rethink the approach to religious accommodations under Title VII of the Civil Rights Act of 1964. This case involved an Evangelical Christian who refused to work on Sundays

Attorney Alexander Makarenko Joins HBS Birmingham

Hall Booth Smith is excited to announce the addition of Associate Alexander V. Makarenko to its Birmingham, Alabama, office. Alexander V. Makarenko practices primarily in construction, general liability, premises liability, products liability, and transportation matters. Prior to joining HBS, he worked as an associate for a local firm where he represented insurance companies and self-insured

Tallahassee Welcomes Managing Director of Government Affairs Ben M. Donaldson

Hall Booth Smith is excited to announce that it is expanding its Government Affairs and Lobbying services with the addition of Ben M. Donaldson as Managing Director of Government Affairs. Ben is a creative and driven problem solver with more than 20 years of experience advocating for clients’ interests in the public and private sectors.

McKnight’s Long-Term Care News: Sandra Cianflone on Health Care Facilities’ Internal Investigation Process

In an article published on June 22, 2023, in McKnight’s Long-Term Care News, Atlanta Partner Sandra Cianflone provides insight on a recent superior court decision that confirms that health care facilities’ internal investigation process is privileged and cannot be used in discovery or admitted as evidence in court. “The decision serves as a full-throated confirmation

Law.com: Richard Sheinis on the Rise of Data Breach Class Actions

In an article published on June 21, 2023, in the New York Law Journal, Richard Sheinis, partner at Hall Booth Smith, and Lisa Jaffe, AVP of Cyber/Technology/Media Claims at Hiscox Insurance, discuss the significant increase in class action lawsuits involving data breaches and how defendants can use legal defenses to stop the class action, such

New Changes to Oklahoma Law Regarding Wind & Hail Claims Could Bring Much-Needed Clarity to Claims-Handling & Possible Litigation

As Oscar Hammerstein famously noted, Oklahoma is “where the wind comes sweepin’ down the plain.” Along with it typically comes damage to roofs caused by wind and hail. Following not far behind like storm clouds on the horizon are disputes over claims-handling and, often, litigation. Background Oklahomans are no strangers to severe weather. According to

West Palm Beach Attorney Danielle Dudai & Tampa Attorney Jade Davis Named to 2023 Florida Rising Stars

Hall Booth Smith is proud to announce that West Palm Beach Of Counsel Danielle Dudai and Tampa Of Counsel Jade Davis have been recognized on the 2023 Florida Rising Stars list by Super Lawyers. Danielle has been honored for her work in Business and Corporate matters. She concentrates her practice on corporate and partnership matters,

HBS Alpharetta Welcomes Liability Attorney K. Stanton Kincaid

Hall Booth Smith Alpharetta is excited to welcome Associate K. Stanton Kincaid. Stanton primarily focuses his practice on general liability and premises liability matters. Prior to joining HBS, he was an associate attorney who represented developers and property owners in zoning and land use entitlement litigation, including a successful appellate practice that resulted in favorable

CLM Alliance: Joseph F. Herbert III on AI in the Construction Industry

In a recent article from the Claims and  Litigation Management (CLM) Alliance, Red Bank Partner Joseph F. Herbert III offered insight into the usefulness of artificial intelligence (AI) in the construction industry. “I believe that it may help parties work more efficiently and may help expedite construction processes. However, as with all technology there is

Best Places to Work in Arkansas 2023 Names HBS to List

The Rogers and Little Rock, Arkansas, Offices of Hall Booth Smith have been recognized on the Best Places to Work in Arkansas 2023 list by Arkansas Business. The award program includes 50 companies and was designed to identify, recognize, and honor the best employers in Arkansas that are benefiting the state’s economy, workforce, and businesses.

Attorneys Kelsey Alvarez & Steve D. Paveglio, Jr. Join HBS Jacksonville

Hall Booth Smith is excited to expand its Jacksonville office with the addition of Partners Kelsey Alvarez and Steve D. Paveglio, Jr.

HBS Atlanta Welcomes Chandler, Pittman, Thomas, & Falcon

Hall Booth Smith continues to expand its Atlanta location as it welcomes Associates Jasmine Chandler, S. Meghan Pittman, Taylor Thomas, and Mia Falcon. Jasmine Chandler Jasmine Chandler focuses her practice on aging services, business litigation, corporate and partnership, education, health care, and medical malpractice matters. Prior to joining HBS, she was a criminal defense attorney

Memphis Welcomes Attorney Louise C. Biedenharn

Hall Booth Smith is excited to welcome Louise C. Biedenharn to its Memphis office. Louise focuses her practice on health care, general liability, financial litigation, premises liability, business litigation, and bankruptcy creditors’ rights. Prior to joining HBS, Louise worked for many years as an attorney throughout Memphis, Tennessee, and Greenville, South Carolina. In her work,

Attorneys Monica L.C. Lester and Emma M. Feeney Join HBS Denver

Hall Booth Smith is excited to welcome Of Counsel Monica L.C. Lester and Associate Emma M. Feeney to its Denver office. Monica’s Background Monica L.C. Lester focuses on construction, general liability, insurance coverage, and premises liability matters. She has over 22 years of experience in litigation and over 10 years of experience in insurance coverage

Prominence vs. Accessibility in Posting Panels in Georgia

The Georgia Court of Appeals recently handed down a claimant-friendly decision (Lilienthal v. JLK, Inc.) regarding how and where the required Panel of Physicians is to be posted. Under OCGA 34-9-200(a), an employer is required to furnish an injured worker with reasonably required medical treatment. OCGA 34-9-201(b)(1) satisfies that requirement by allowing the employer to

HB Litigation Conferences: McColskey & Cianflone on Government Involvement in Personal Medical Care Decisions

In a recent article for HB Litigation Conferences, Jacksonville Associate Bryce McColskey and Atlanta Partner Sandra Mekita Cianflone review government involvement in personal medical care decisions during outbreaks of disease. Their article discusses “the intersection of law and medicine with a review of medical mandates, the impact of advances in science and medicine, and where

Navigating I-9 Verification & E-Verify in the Construction Industry: A Legal Perspective

In an era of heightened immigration enforcement and compliance, it is crucial for businesses, especially those in the construction industry, to understand and adhere to the requirements of I-9 verification and E-Verify. Immigration laws in the United States have significant implications for employers, and failing to comply can result in severe penalties. Understanding I-9 Verification

Daily Report: Juanita Kendall on Ways Law Firms Can Retain Talent

In an article published on June 6, 2023, in Daily Report, Chief Human Resources Officer Juanita Kendall shares tips to help improve retention as retaining top talent has become a challenge in today’s competitive job market. “Firm managers and partners play a pivotal role in nurturing employee loyalty and boosting retention rates,” says Juanita. “By

Oklahoma City Welcomes Attorney Alexandra G. Ah Loy

Hall Booth Smith is pleased to welcome Partner Alexandra G. Ah Loy to its Oklahoma City office. Allie’s Background Alexandra “Allie” G. Ah Loy focuses her practice on health care law, correctional medicine, medical malpractice, constitutional law, general liability, appellate, and premises liability. Prior to joining HBS, she worked as a partner in two mid-size

HBS Promotes Juanita Kendall to Chief Human Resources Officer

Hall Booth Smith, P.C. has promoted human resources leader Juanita Kendall to Chief Human Resources Officer (CHRO) as she takes on increasingly complex duties in advancing the firm’s talent development and supporting its national growth. Juanita’s Background Juanita joined HBS in 2018, and quickly made an impact on the firm’s recruiting, career development, performance management,

Insurance Coverage Attorney Christie Perrin Joins HBS Charleston

Hall Booth Smith has expanded its Insurance Coverage practice with the addition of Christie Perrin as Of Counsel in the Charleston Office. Christie’s Background Prior to joining Hall Booth Smith, she practiced for more than a decade in civil litigation, handling cases from inception to trial and post-trial. Early in her career, she traveled nearly

HBS Announces New Regional Hiring Partners

Hall Booth Smith is excited to announce its six new regional Hiring Partners to oversee and aid in associate attorney recruiting in their respective regions. These attorneys will help to ensure HBS continues to attract top talent as the firm expands. About the Partners Atlanta Partner Jacquelyn Smith Clarke will oversee all efforts as Lead

Part B News: Beth Boone on the Rapid Increase in Liability Insurance Premiums

In an article published on May 15, 2023, in Part B News, Brunswick Partner Beth Boone discusses the rapid increase in liability insurance premiums and ways to mitigate the cost. Beth says some of the change could be down to the post-COVID landscape while it could also be shifting business conditions or inflation. She says

Daily Report: Austin Atkinson’s Defense Challenges Georgia Statutory Scheme for Apportioning Damages

In a recent article from the Daily Report, Atlanta Associate Austin Atkinson‘s defense of a dental-malpractice case challenged Georgia’s statutory scheme for apportioning damages. You can read the full article on the Law.Com website.

2023 New Jersey Super Lawyers Recognizes Paramus Attorney Harry Norton

HBS is excited to announce that Paramus Partner Harry D. Norton, Jr. has been recognized on the 2023 New Jersey Super Lawyers list. Harry was honored for his work in personal injury general defense matters. He has defended insurers and insureds for more than 40 years and is sought after by both courts and law

Part B News: Jacqueline Voronov on Remaining Mask Mandates & Enforcement

In an article published on May 18, 2023, in Part B News, Paramus Partner Jacqueline Voronov shares her insight about remaining masks mandates after the end of the COVID-19 Public Health Emergency on May 11. Jacqueline says that practices cannot selectively enforce their requirements, commenting, “If you’re going to say, for example, dietary doesn’t have

HBS Little Rock Adds Associates Allison T. Scott and Joseph M. Kraska

Hall Booth Smith is proud to expand its Little Rock office with Associates Allison T. Scott and Joseph M. Kraska. Allison T. Scott Allison focuses her practice on business litigation, general liability, medical malpractice, and premises liability matters. Prior to joining HBS, she was an Associate with a local firm where she practiced in the

HBS Legal Trends: Sandra Mekita Cianflone & Michelle Foster Earle

Our newest HBS Legal Trends podcast features HBS Atlanta Partner Sandra Mekita Cianflone and Michelle Foster Earle, ARM, CEO of OmniSure. Sandra and Michelle discussed aberrant verdicts in the health care and medical malpractice spaces, from what constitutes such a verdict to plaintiff tactics to be a ware of and more. You can listen to

Law360: Danielle Dudai on Trafficking Ruling’s Liability Lessons for Hospitality Companies

In an article published on May 26, 2023, in Law360, West Palm Beach Of Counsel Danielle Dudai provides insight on the dismissal of a lawsuit which accused national hotel chains of knowingly benefitting from sex trafficking at their hotels and on their property and provides guidance on what companies can do to combat sex trafficking

Returning Injured Workers to Work in Georgia

Written by: Daniel Richardson, Esq. The longer an employee stays out of work, the less likely they are to ever return. And workers compensation claims become increasingly expensive when employees do not return. To manage this exposure, it is important to have a good return-to-work program and to communicate clearly regarding your expectation that you

Uninsured Motorist Select/Reject May Not Require Picking a Specific Lesser Amount

Written by: Bryan Forsyth, Esq. In Jones v. Georgia Farm Bureau Mut. Ins. Co.1, the Georgia Court of Appeals recently affirmed partial summary judgment in favor of Georgia Farm Bureau Mutual Insurance Company (GFB) as to the amount of Uninsured Motorist (UM) coverage provided by its insurance policy issued to Ernie Jones, who died in

AJC Atlanta’s Top Workplaces 2023 Awarded to Hall Booth Smith

Hall Booth Smith has been named Atlanta’s Top Workplaces 2023 by The Atlanta Journal-Constitution (AJC), an award HBS is proud to have received consistently over the last 12 years. The list is based solely on employee feedback gathered through a third-party survey administered by employee engagement technology partner Energage. The confidential survey uniquely measures 15

Immigration Practice Appoints Co-Chair at Hall Booth Smith

Hall Booth Smith is proud to appoint experienced immigration attorney, Misty Wilson Borkowski, as Co-Chair of its Immigration practice. Carsten Alting has led this practice group and developed a solid reputation of excellence among clients for over 15 years. Adding Misty’s experience and dedication to client service will only help further solidify that reputation. Misty’s

HR Dive: Mariel Smith on Key Considerations for Companies Hiring Summer Interns

In an article published this week by HR Dive, Hall Booth Smith Columbus Partner Mariel E. Smith writes about key considerations for companies and firms hiring summer interns. “While the chance to contribute to a young professional’s future and gain some much-needed help in the office are exciting opportunities, employers must take time in advance

Oklahoma City Adds Associate Will J. Collins

Hall Booth Smith’s Oklahoma City office is excited to announce the addition of Associate Will J. Collins. Will practices in aging services, business litigation, business transactions, general liability, health care, insurance coverage, labor and employment, medical malpractice, products liability, and real estate matters. Previously, Will worked as an associate in a full-service law firm where

George Ernst Honored Among Leading Immigration Lawyers by Lawdragon

Hall Booth Smith Partner George Ernst has been chosen as one of 2023’s 100 Leading Immigration Lawyers by Lawdragon. The listing recognizes the tremendous importance of immigration law and salutes select immigration attorneys – “lawyers on the front lines advocating for immigrant rights while weighing against regulations.” George’s practice specializes in immigration, international business, and

You’ve Been Warned – What You Need to Know about New Jersey’s Expanded WARN Act

On January 10, 2023, Governor Murphy signed legislation significantly amending the NJ Warn Act, which became effective April 10, 2023. The most important changes are as follows…

HHS Publishes New Cybersecurity Resources

The U.S. Department of Health and Human Services (HHS) Office of Information Security recently published new cybersecurity resources with the goal of mitigating common cybersecurity threats in the health care sector. HHS Resources Webinars: These are spotlighted periodically and noticed to subscribers. The next webinar spotlights Health Industry Cybersecurity Practices 2023 changes as it relates

The Construction Industry’s Cyber Vulnerability is a C-Suite Risk

Written by: Jade Davis, Esq. Continued technological advances in artificial intelligence, robotics, and remote and cloud-operated machinery have amplified the need for the construction industry to have a robust cyber risk strategy. As a result, cybersecurity is now firmly positioned as a c-suite risk and should be a regular topic of conversation at the Board

Super Lawyers 2023 South Carolina Rising Stars Honors Lauren Gresh & Derek Newberry

Hall Booth Smith celebrates Charleston Partners Lauren Spears Gresh and Derek M. Newberry as they have been recognized on the Super Lawyers 2023 South Carolina Rising Stars list. Lauren Spears Gresh Lauren was recognized for her work in medical malpractice defense matters. She defends medical professionals and facilities, including doctors, nurses, and hospitals against claims

Court Rejects Insurance Carrier’s Broad Interpretation of Exclusion of Specific Antitrust Matters

Written by: Nneka A. Egwuatu Anunobi, Esq. The U.S. District Court for the Northern District of California recently rejected an attempt by Everest National Insurance Company to deny coverage for antitrust lawsuits involving Foster Farms, LLC’s and Foster Poultry Farms’ (collectively, “Foster”) turkey products. Background In 2016 Foster was sued in various antitrust lawsuits brought

Sea Change Court Ruling on Settlements of Workers’ Compensation Cases in South Carolina

Written by: Dan Addison, Esq. South Carolina recently had a sea change shift in settlements involving workers’ compensation claims, as well as the procedural nature of Mediations of any workers comp case. In a recent decision from the South Carolina Court of Appeals issued on August 3, 2022 — in which I represented the defendants

Two HBS Birmingham & Asheville Partners Recognized in 2023 Southeastern Legal Awards

HBS Partners Adam Peoples, of the Asheville Office, and Andrew C. Knowlton, of the Birmingham office, have been recognized as “On the Rise” in the 2023 Southeastern Legal Awards. Adam Peoples Adam primarily defends doctors, lawyers, accountants, and engineers in negligence and ethics matters. His downtown Asheville practice also includes defending claims regarding general liability,

Executive Order 14070: Implications on Skilled Nursing Facilities & the Impending Staffing Mandate

Written by: Jordan Johnson, Esq. & Anamayan Narendran, Esq. Background On April 18, 2023, President Biden signed Executive Order 14070 that included several directives purportedly aimed at bolstering Americans’ access to long-term care and increasing job stability for medical professionals working in long-term care facilities. The Executive Order directs the Department of Health and Human

HBS Welcomes Attorney Jennifer May-Brust in Rogers, Arkansas

Hall Booth Smith, P.C. (HBS) is excited to welcome experienced compliance attorney Jennifer J. May-Brust. Jennifer’s Experience Jennifer May-Brust is Of Counsel in our Rogers, Arkansas, office and focuses her practice on commercial transactions, real estate, construction and design, regulatory compliance programs, corporate governance, and international business. Over her almost thirty-year career supporting (or running)

Part B News: Jade Davis on New NIST Cybersecurity Framework & Insurance Impact

In an article published on April 10, 2023, in Part B News, Tampa Of Counsel Jade Davis shares her insight and expertise on the Health Care and Public Health Sector Cybersecurity Framework Implementation Guide 2.0, from HHS’ Administration for Strategic Preparedness (ASPR), its impact on the industry, and how compliance could impact cybersecurity insurance. Davis

IRMI: Elizabeth Morrison on Supply Chain Risk Management for Agriculture & Other Industries

In a recent podcast recorded for the International Risk Management Institute (IRMI), Charleston Partner Elizabeth F. Morrison shares supply chain risk management wisdom for agriculture and other industries. You can listen to the full podcast below or create an account to learn more on the IRMI website. 

Daily Report: Austin Atkinson on Consumer Protection Statute Impact on Housing Accommodations

In a post from Daily Report, Atlanta Associate Austin Atkinson’s defense of an apartment rental company is highlighted within a larger review of the consumer protection statute and its impact on housing accommodations in Georgia. You can read the full article on the Law.com website.

Hotel Business Review: Danielle Dudai on the Signs of Human Trafficking in Hotels

In an article published earlier this month in Hotel Executive’s Hotel Business Review, West Palm Beach of Counsel Danielle Dudai writes about the signs of human trafficking in hotels, how to look for warning signs, and ways that hotel leadership and staff should be trained to prevent trafficking in their hotels.

Funding in Complex Construction Litigation: Strategies and Best Practices to Turn the Tables on Funding-Backed Plaintiffs

Written by: Matthew J. Lang, Esq. Background Litigation funding is not new. Since litigation funding was conceived, it has been a proverbial thorn in the sides of defense attorneys and insurance adjusters. Those defense attorneys and adjusters who have handled cases involving outsourced funding know that litigation funding makes cases extremely difficult to settle. When

HR.com: Abtin Mehdizadegan on Substance Abuse Policies in Context of Marijuana Legalization

In an article published on March 31, 2023, in HR.com’s HR Legal and Compliance, Little Rock Partner Abtin Mehdizadegan discusses how employers need to reconsider their substance abuse policies and compliance efforts under the Americans with Disabilities Act (ADA), especially to keep up with the changing landscape of marijuana legalization. Until a national standard is

Medicaid Unwinding: 4 Steps Nursing Facilities Should Take as the Public Health Emergency Ends

At the onset of the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA), allowing the federal government to take on a greater share of Medicaid costs and expanding protections for consumers…

HBS Tampa Welcomes Jade Davis, Keith Hoffman, & Lauren Barr

Tampa, Florida – April 12, 2023 – Hall Booth Smith, P.C. (HBS) continues to expand its Tampa office as it welcomes Attorneys Jade Davis, Keith M. Hoffman, and Lauren Riley Barr. Jade Davis Jade Davis is Of Counsel who focuses her practice on data privacy, cyber security, and construction. She provides strategic privacy and cyber-preparedness

Industry Today: George Ernst on What Manufacturers Need to Know About H-1B Visas

The H-1B visa sponsorship process can be tricky for employers to navigate, which is why Little Rock Partner George Ernst’s latest column lays out the most important tips for manufacturers. Published in Industry Today, the column focuses on the manufacturing industry, explaining how the visa process works and for which roles it’s best suited. The

HR.com: George Ernst on Immigration & Navigating the H-1B Visa Program

In an article published in HR.com’s March HR Legal & Compliance Excellence edition, Little Rock, Arkansas, Partner George Ernst provides U.S. immigration tips for employers navigating the H-1B visa program. George explains the important issues that employers should consider when sponsoring a foreign national worker for H-1B status and highlights four principles of the H-1B

The Legal Intelligencer: Nicole Callahan on Obtaining Nonparty Medical Records Without Violating HIPAA

In an article published on April 4, 2023, by The Legal Intelligencer, White Plains Partner Nicole A. Callahan breaks how to obtain medical records without violating HIPAA. While parties to a medical malpractice litigation should have access to all discovery material and necessary to prove or defend their cases, the privacy of nonparties must also

Daily Report: Jake Evans on Improving Workflow Management & Productivity

In a recent article for the Daily Report, Alpharetta Partner Jake Evans provides five tips to help improve workflow management and productivity. That article is below as well as viewable on the Daily Report site. Introduction There are the same number of hours in a day for everyone—24. Yet, some get more out of those

2023 Florida Tort Reform

Written by: Shylie A. Bannon, Esq. | Print Blog Florida Governor Ron DeSantis recently signed significant tort reform legislation into law after House Bill 837 passed through the House and its companion bill was passed in the Senate. This is the most significant tort reform legislation to be enacted in Florida since the early 2000s,

Florida’s One-Time Change Provision & Consequences for Employer/Carrier Failure to Act

Written by: Rayford H. Taylor, Esq. In Florida, a failure by an employer/carrier to promptly grant an employee’s change of physician deprives the employer/carrier of the right to select the doctor, as once again, Florida courts have been called upon to address the “one-time change” provision of F.S. 440.13(2)(f) in the case of Andrews v.

Construction Dive: Jeffrey Daitz & Joe Herbert on Ramifications of EEOC Strategic Enforcement Plan

In an article published ston March 28, 2023, in Construction Dive, Paramus Partner Jeffrey M. Daitz and Red Bank Partner Joseph F. Herbert III provide insight on the ramifications for the construction industry resulting from the Equal Employment Opportunity Commission’s (EEOC) Strategic Enforcement Plan. If you start selectively enforcing the policy, that’s a red flag,

Daily Report: Jake Evans on Upcoming Georgia Cannabinoid Legislation & House Bill 324

In a Daily Report article published March 17, 2023, Alpharetta Partner Jake Evans discusses upcoming Georgia cannabinoid legislation and the potential consequences concerning the state legislature’s decisions. “It’s a legal quagmire, a big mess,” Jake stated in regards to the multiple lawsuits and appeals he’s filed for cannabis companies protesting their application denials in the

Tampa Bay Business Journal’s Best Places to Work Honors HBS

Hall Booth Smith has been awarded as one of the Tampa Bay Business Journal’s Best Places to Work in 2023. Only sixty companies have been selected for this list, and each honoree represents companies who have made workplace culture, recruitment, and employee retention a key pillar to their success. “We are proud to represent our

5 Colorado HBS Attorneys Honored in the 2023 Super Lawyers Magazine

DENVER, COLORADO – March 8, 2023 – HBS is honored to celebrate the talent of Christine A. Craigmile, Elizabeth C. Moran, Scott S. Nixon, Catherine O’Brien Crum, and Bradley N. Shefrin as they have been recognized on the 2023 Super Lawyers list. Christine A. Craigmile Christine was honored for her work in personal injury medical

Federal Contractors Beware: EEO-1 Data Will Be Released by OFCCP if Contractors Fail to File Objections by March 3

Written by: Abtin Mehdizadegan, Esq. As many contractors are aware, the Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting seeking Type 2 EEO-1 Report data from 2016-2020 for all federal contractors and first-tier subcontractors. EEO-1 reports contain over 180 different data points

Non-Disparagement & Confidentiality Clauses Are Illegal in Severance Agreements, NLRB Rules

Companies that make former workers promise not to disparage their former employers in exchange for a severance payment are breaking federal law, the National Labor Relations Board (NLRB) ruled Tuesday. What’s more, it is also illegal to prevent employees from disclosing the terms of their severance packages, the NLRB said. Background Numerous companies tender severance

Daily Report: Jake Evans on the Importance of Legal Fundamentals

In a Daily Report article published on February 14, Alpharetta Partner Jake Evans emphasized various fundamentals to keep in mind amidst the continuously changing world of law. Despite the advancement of new potential technological tools such as ChatGPT and other artificial intelligence solutions, he mentions that while lawyers should certainly take advantage of and adapt

The Litigation Psychology Podcast: Jason Hendren & Jacque Clarke on Medical Malpractice Cases

Courtroom Sciences‘ The Litigation Psychology Podcast spoke with Rogers Partner Jason B. Hendren as well as Atlanta Partner Jacquelyn Smith Clarke about medical malpractice cases. The discussed which types of medical malpractice cases they had found to be the most difficult to litigate during their own careers, such as birth trauma and wrongful death cases,

Part B News: Sandra Cianflone on the End of the COVID-19 PHE

In a Part B News article published on February 13, Atlanta Partner Sandra Cianflone provides commentary on the end of the COVID-19 Public Health Emergency (PHE) and its impact on Emergency Use Authorizations (EUAs) and liability immunity. Emergency use authorizations are made pursu­ant to an emergency declaration by HHS, Cianflone explains. Because this authority was

Daily Report: John E. Hall, Jr. on the Pace of Firm Mergers in the Southeast

In a February 10 article in the Daily Report, Hall Booth Smith founding partner John E. Hall, Jr. is profiled among other leading law firm executives discussing the pace of mergers in the Southeast. I think it’s inevitable just because of the scale to run a [law] practice and the need for a broad footprint

HBS Welcomes Three Partners as It Expands Its Immigration & Employment Practices

LITTLE ROCK, ARKANSAS – February 14, 2023 – Hall Booth Smith, P.C. is excited to add seasoned attorneys Misty Wilson Borkowski, George Ernst, and Abtin Mehdizadegan from Little Rock, Arkansas, as the firm grows its immigration and employment practice groups. Immigration & Employment Practices Grow Misty, George, and Abtin join HBS as partners and will

Attorney at Law Magazine: April Cotton on the Trajectory of Her Life

In a recently published article on February 1, 2023, from Attorney at Law Magazine, Little Rock, Arkansas, Attorney April Cotton reflects on her practice, professional history, and life experiences along the way. April joined HBS Little Rock last fall and focuses her practice on medical malpractice, correctional health care, products liability, labor and employment, and

10 HBS Attorneys Recognized as 2023 Super Lawyers® Georgia Rising Stars

GEORGIA – February 9, 2023 – Once again, Hall Booth Smith has been recognized for its outstanding legal work as ten of its attorneys have been honored as Georgia Rising Stars® in the 2023 edition of the Georgia Super Lawyers® magazine. Attorneys Jacquelyn Smith Clarke, Jake Evans, Joel McKie, Jacob Raehn, Paul Trainor, and Tiffany

4 Georgia HBS Attorneys Honored in the 2023 Super Lawyers Magazine

GEORGIA – February 9, 2023 – We are excited to congratulate John E. Hall, Jr., Rush S. Smith, Jr., C. Michael Johnson, and James B. Durham as they have been recognized for their outstanding legal service and selected to the 2023 Georgia Super Lawyers list once again. John E. Hall, Jr. John Hall was honored

New York’s Wrongful Death Statute Remains Untouched – For Now

In the waning hours of January 30, 2023 – the deadline to sign New York’s Grieving Families Act1 into law – Governor Kathy Hochul instead vetoed the legislation, which had passed both houses of the legislature with significant bipartisan support…

American City & County: Baxter Drennon on ARPA Funds, Their Impact for Municipalities

In an article published on January 27, 2023, by American City & County magazine, Little Rock, Arkansas, partner Baxter D. Drennon offers guidance to municipalities surrounding the American Rescue Plan Act (ARPA) of 2021 and its economic impact. The $1.9 trillion package, which includes funding for states, local governments, and tribal nations in response to

OSHA & Whistleblower Complaints: Wells Fargo Ordered to Pay $22 Million

Written by: Daniel Richardson, Esq. As employers seek to provide a safe workplace, it is imperative that no retaliatory action be taken against employees who choose to exercise their rights under the Occupational Safety and Health (OSH) Act or other statutes designed to protect employees. Doing so can be quite costly. Section 11(c)(1) of the

4 North Carolina Attorneys Recognized on 2023 Super Lawyers Lists

NORTH CAROLINA – January 26, 2023 – In the 2023 edition of the magazine, the law firm of Hall Booth Smith, P.C. (HBS) has been recognized for its outstanding legal work as four of its attorneys have been named on the lists of Super Lawyers and Rising Stars. Isaac Northup has been selected to the

Three Partners Named to 5280 Magazine’s Denver’s Top Lawyers 2023 List

Hall Booth Smith Partners Bradley Shefrin, Christine Craigmile, and Scott S. Nixon were recognized by 5280 Magazine in its annual list of  Denver’s Top Lawyers for 2023, which lists the area’s most respected attorneys. Shefrin was recognized for his work in construction defect litigation, while Craigmile and Nixon were recognized for their defense work in

McKnight’s Long Term Care News: On PREP Act, Still Too Early to Tell Whether Providers Will be Immune

New York City Partner Drew Graham, Aging Services Practice Area founder at Hall Booth Smith, and Tara Clayton, Senior Vice President at risk management firm Marsh McLennan, recently joined McKnight’s Long Term Care News senior editor Kimberly Marselas to discuss the Public Readiness and Emergency Preparedness (PREP) Act and COVID-19 lawsuits. Graham says it is

Oklahoma City Adds Partners Christina Wolfram & Michael D. Carter

OKLAHOMA CITY, OKLAHOMA – January 23, 2023 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Partners Christina Wolfram and Michael D. Carter to its office in Oklahoma City, Oklahoma. Christina Wolfram Partner Christina Wolfram focuses her practice on medical malpractice and other personal injury matters. She represents health care institutions, private practices, physicians,

Hall Booth Smith Names Seven New Partners

ATLANTA, GEORGIA – JANUARY 20, 2023 – Hall Booth Smith, P.C. (HBS) has named seven new partners as the firm elevates leaders and recognizes their outstanding service to clients. Joining the firm’s partnership ranks are Sandro Stojanovic in Atlanta, Christopher Watkins in Alpharetta, Drew Brooks in Columbus, Rene Stuhr Dukes in Charleston, Ashley Fromm in

Hall Booth Smith Opens New Office in Raleigh, North Carolina

RALEIGH, NORTH CAROLINA – January 17, 2023 – Hall Booth Smith, P.C. (HBS) is pleased to announce the opening of a new office in Raleigh as it continues to expand its footprint throughout North Carolina to better serve client needs. The HBS Raleigh office will be led by new Partner Maria P. Wood. Maria will

HBS Denver Adds Associate Patrick Hale

DENVER, COLORADO – January 11, 2023 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Patrick Hale to its Denver office. Patrick Hale is an Associate in our Denver office where he focuses his practice on correctional health care, insurance coverage, premises liability, and medical malpractice matters. Prior to joining HBS, Patrick worked

New Jersey Appellate Division Declines to Extend Scope of TNCSRA to Cover Food Delivery Services

Written by: Kelly P. Corrubia, Esq. A panel of the New Jersey Appellate Division in a case of first impression held that the Transportation Network Safety and Regulatory Act (TNCSRA)1 applies only to transportation network companies that use a digital network to connect a rider to a prearranged ride, such as Uber or Lyft, and

HBS Atlanta Adds Associate Nate Riepe

ATLANTA, GA – January 5, 2022 – Hall Booth Smith, P.C. (HBS) is excited to welcome Associate Nate Riepe in its Atlanta office. Nate Riepe is an Associate in our Atlanta office where he focuses his practice on general liability, insurance coverage, and medical malpractice matters. Formerly, Nate worked as an Associate with a local

HBS Atlanta Ranked as a 2023 Fastest-Growing & Largest Law Firm

  ATLANTA, GA – January 4, 2022  – Hall Booth Smith, P.C. (HBS) is pleased to announce it has been named as a 2023 Fastest-Growing Law Firm and Largest Law Firm by the Atlanta Business Chronicle, adding to the firm’s growing list of accolades. In the publication’s 2023 Book of Lists, HBS’ Atlanta office was

HBS Brunswick Adds Associate Bubba Dunn

BRUNSWICK, GEORGIA – December 29, 2022  – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Bubba Dunn to its Brunswick office. Bubba Dunn is an Associate in our Brunswick office where he focuses his practice on medical malpractice matters. Formerly, Bubba externed with the Georgia General Assembly House of Representatives and interned with

Daily Report: John E. Hall, Jr. on Recessionary Periods & Growth Opportunities

In part one of a two-part article series published by the Daily Report, leaders of large and midsize firms in the Southeast were asked how they handle economic downturns and avoid austerity measures. John E. Hall, Jr., a founding partner of Hall Booth Smith, discussed how a recessionary period can still result in growth opportunities

Journal of Healthcare Risk Management: Richard Sheinis on Geofencing as a Safeguard Against Cyberattacks

Hospitals and healthcare systems have long been targets for cyber criminals. One such incident occurred in October 2022 when CommonSpirirt Health announced an IT security incident, leading some such as Richard Shenis, partner and head of the Data Privacy & Cyber Security practice group at Hall Booth Smith, to reiterate strategies such as geofencing as

InformationWeek: Richard Sheinis on Protection Against Cyberattacks as Part of the Cost of Doing Business

Increasing cyberattacks targeting cultural institutions – including a December 7 attack affecting The Metropolitan Opera’s network systems, website, box office, and call center – have led many to question the purpose of such attacks while some such as Richard Sheinis, partner and head of Hall Booth Smith’s Data Privacy & Cyber Security practice group, simply

Daily Report: John E. Hall, Jr. on Georgia Judicial Hellholes Top Ranking

Following the American Tort Reform Foundation’s release of its annual Judicial Hellholes report ranking states where it claims judges in civil cases systematically apply laws and court procedures in an unfair and unbalanced manner, Georgia took a top spot. The ranking came as no surprise to civil defense attorneys, Founding Partner John E. Hall Jr.

HBS Columbus Adds Associates Paul Joseph Spina & Brooke Nail

COLUMBUS, GEORGIA – December 14, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associates Paul Joseph “PJ” Spina IV and Brooke Nail to its Columbus office. PJ Spina Paul Joseph “PJ” Spina IV is an Associate in our Columbus office where he supports our appellate practice group. Prior to joining HBS, PJ

HBS Rogers Adds Associate Dalton Huerkamp

ROGERS, ARKANSAS – December 09, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Dalton Huerkamp to its Rogers office. Dalton Huerkamp is an Associate in our Rogers office where he focuses his practice on medical malpractice matters. Prior to joining HBS, Dalton worked at a civil general practice firm where he

HBS Asheville Adds Associate Jacquelyn Miner

ASHEVILLE, NORTH CAROLINA – December 8, 2022  – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Jacquelyn Miner to its Asheville office. Jacquelyn Miner focuses her practice on general liability, governmental liability, insurance coverage, medical malpractice, and professional malpractice and ethics. Prior to joining HBS, Jacquelyn worked as an Associate for a local

Important Ruling on Assault & Battery Exclusions

Written by: Duane L. Cochenour, Esq. Judge Kevin B. Weiss of the Circuit Court for Orange County, Florida, issued a potentially important ruling regarding assault and battery exclusions. An appeal is sure to follow, but the court granted the plaintiff’s rather novel argument that mental anguish damages (and a $25M Judgement for them) are not

Not Sneaky Enough: Google Pays $391.5M Privacy Violation Settlement

Written by: Savannah Liner Avera, Esq. Connecticut Attorney General William Tong announced a historic settlement with Google regarding its predatory disregard for users’ location tracking preferences. Google will pay $391.5 million to 40 states in a privacy violation settlement for continuing to track users after opting out of a feature called location history. Background This

Journal of Healthcare Risk Management: David Badie on the Importance of Healthcare Documentation

Good documentation is the foundation for successful medical malpractice defense, but there are many ways that documentation can fall short. David Badie, New Jersey-based partner at Hall Booth Smith, discussed with the Journal of Healthcare Risk Management the importance of healthcare documentation and that clinicians should be self-motivated to document well. I always tell providers

Five HBS Attorneys Recognized in the 2022 Mid-South Super Lawyers Magazine

In the 2022 Mid-South Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) has been recognized for its outstanding legal work as 5 of its attorneys are on the list of Super Lawyers and Rising Stars. The list recognizes outstanding lawyers from more than 70 practice areas who have attained a high-degree of

Journal of Healthcare Risk Management: Richard Sheinis on Proper Disposal of Protected Health Information (PHI)

The Office of Civil Rights recently announced a settlement with a Massachusetts dermatology clinic regarding the improper disposal of protected health information (PHI) after staff at the clinic placed empty specimen containers with PHI labels in a garbage bin in their parking lot. Richard Sheinis, partner and head of the Data Privacy & Cyber Security

McKnight’s Long-Term Care News: Teresa Tomlinson on SCOTUS Decision Regarding COVID Cases

Lawsuits against nursing homes for allegedly failing to treat residents properly during the pandemic are more likely to be heard now in state and not federal courts following an announcement from the U.S. Supreme Court that it would not take up the case of Saldana v Glenhaven Healthcare. Saldana died of COVID-related causes while a

HBS Missoula, Montana, Adds Kalkstein & Gresham

MISSOULA, MONTANA – Nov. 30, 2022 – Hall Booth Smith, P.C. (HBS) welcomes seasoned attorneys Gary Kalkstein and Joseph Gresham to its office in Missoula, Montana, as the firm expands its practice to meet the needs of clients in the Rocky Mountain region. Gary Kalkstein Gary Kalkstein joins the firm as a Partner and has

HBS Atlanta Adds Stallings, Dabke, Beato, Adams, & Hendricks

ATLANTA, GEORGIA – November 28, 2022 – Hall Booth Smith, P.C. (HBS) is excited to welcome five attorneys in its Atlanta office: Anna Stallings, Varad Dabke, Alexandra Beato, Danielle Adams, and Nolan Hendricks. Anna Stallings Anna Stallings is an Associate in our Atlanta office where she focuses her practice on aging services and health care

HBS Atlanta Adds Simoneaux, Tharani, Daly, Spradley, & Cleland

ATLANTA, GEORGIA – November 23, 2022 – Hall Booth Smith, P.C. (HBS) is excited to welcome five attorneys in its Atlanta office: Anne Marie Simoneaux, Margaret Daly, Navroz Tharani, Olivia Spradley, and Henry Cleland. Anne Marie Simoneaux Anne Marie Simoneaux is an Associate in our Atlanta office where she focuses her practice on business litigation

HBS Alpharetta Adds Mikayla Mobley & Jim Hicks

ALPHARETTA, GEORGIA – November 21, 2022 – Hall Booth Smith, P.C. (HBS) is excited to welcome Associates Mikayla Mobley and Jim Hicks in its Alpharetta office. Mikayla Mobley Mikayla Mobley joins as an Associate where she focuses her practice on business litigation, business transactions, and corporate and partnership matters. Prior to joining HBS, Mikayla externed

A Recap on the Modern Trend to Impose Duty of Good Faith upon Primary Insurers

Written by: Cayton S. Chrisman, Esq. The insurance industry has long been undecided as to whether primary insurers owe a duty of good faith to excess insurers, and, if such a duty does exist, when that duty arises. On one hand, some jurisdictions have determined that there is no affirmative or direct duty of a

Daily Report: Nichole Hair on How the Pandemic Has Created a Shift in Client Communications

The Daily Report recently reported on a trend of rising client expectations for both law firms and in-house legal departments. According to a report cited in the article, rising client expectations are forcing law firms to embark on measures to control compensation expenses, with many law firms expected to hold budgets flat in 2023 –

HBS Charlotte Adds Associate Samantha LeJune

CHARLOTTE, NORTH CAROLINA – November 15, 2022  – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Samantha LeJune to its Charlotte office. Samantha focuses her practice on business litigation, construction, general liability, governmental liability, premises liability, and transportation matters. Prior to joining HBS, she interned for the North Carolina Department of Justice, where

Canada’s Consumer Protection Privacy Act (CPPA) at Least One Year Away

Written by: Richard Sheinis, Esq. Canada’s Federal Privacy Law, the Personal Information Protection and Electronics Documents Act (PIPEDA) is over 22 years old.  Its replacement, proposed Bill C-27, which introduces the Consumer Protection Privacy Act (CPPA) is still at least one year away from being passed. The CPPA is part of Canada’s Digital Charter Implementation

HBS West Palm Beach Adds Denyer & Jablonski

Hall Booth Smith, P.C. is pleased to welcome Kevin Denyer and Thomas Jablonski as Associates to its office in West Palm Beach, Florida.

Medscape: Drew Graham on COVID Liability Claims Involving Post-Acute Care

In a MedScape story about a proliferation of new lawsuits resulting from care provided or delayed during the COVID-19 pandemic, Drew Graham, partner and leader of the Aging Services Practice Area at Hall Booth Smith, told the publication most of the COVID liability claims he has seen involve post-acute care, such as nursing homes and

HBS Miami Welcomes Associates Rodriguez, Basso, & Lee

MIAMI, FLORIDA – November 28, 2022 – Hall Booth Smith, P.C. (HBS) is excited to welcome three attorneys in the Miami office: Stephanie Rodriguez, Megan Basso, and Kyle Lee. Stephanie Rodriguez Stephanie Rodriguez joins as an Associate where she focuses her practice on appellate, medical malpractice, general liability, products liability, and premises liability matters. Prior

U.S. News & World Report: Jacqueline Voronov on Understanding COVID Vaccine Mandates in Nursing Homes

In a story published in U.S. News & World Report about the status of COVID-19 vaccines in nursing homes, Jacqueline Voronov, New Jersey-based partner at Hall Booth Smith, said the vaccine mandate does not apply to nursing home residents, although nursing homes are obligated to make it available to them. Voronov represents management in a

HBS Tampa Adds Associates Lauren Thomas & Anne Semmons

TAMPA, FLORIDA – October 28, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associates Lauren K. Thomas and Anne E. Semmons to its Tampa office as the firm expands to serve its clients in the state of Florida. Lauren focuses her practice on general liability and medical malpractice matters. Previously, Lauren was

HBS Welcomes Patino, Baruch, & Walker in Georgia

ATLANTA & ALPHARETTA, GA – October 27, 2022 – Hall Booth Smith, P.C. (HBS) is excited to welcome three attorneys in the state of Georgia: Juan Patino, Noga Baruch, and Blake Walker. Juan Patino Juan Patino joins as an Associate in Alpharetta where he focuses his practice on business litigation, business transactions, corporate and partnership,

Construction Dive: Joseph Herbert on Anti-Bias Clauses in Construction Contracts

In a Construction Dive article following a recent trend of including anti-harassment language in subcontracts to codify a unified approach against hate on job sites, Joseph F. Herbert III, partner and co-chair of the Construction Practice Area at Hall Booth Smith, told the publication like any contract clause, if properly written, anti-bias clauses in construction

HBS Nashville Adds Associates William Dodd & Claire Rowland

NASHVILLE, TENNESSEE. – October 26, 2022 – Hall Booth Smith, P.C. is pleased to welcome William Dodd and Claire Rowland as Associates to its office in Nashville, Tennessee. William Dodd William focuses his practice on business litigation, business transactions, corporate and partnership, general liability, premises liability, transportation, and workers’ compensation matters. Prior to joining HBS,

Daily Report: John E. Hall, Jr. on How Your Firm Can Best Handle Its Retirement Policy

Founding Partner John E. Hall, Jr. interviewed with the Daily Report for their two-part series on law firm retirement policy. The story follows a development where a well-known attorney decided to leave his firm on account of their retirement policy, which mandated individuals retire at 65. In response, Hall said his firm takes an individualist

HBS Little Rock Adds Associate April Cotton

LITTLE ROCK, ARKANSAS – October 18, 2022 – Hall Booth Smith, P.C. is pleased to welcome April Cotton as Associate to its office in Little Rock, Arkansas. April focuses her practice on medical malpractice, correctional health care, products liability, labor and employment, and education matters. Prior to joining the HBS, April worked at a full-service

Law.com: Andrew Hazen Offers Career Insights

In a profile published on Law.com as part of the publication’s “How I Made it to Partner” series, Andrew K. Hazen, partner at Hall Booth Smith, provides unique career insights on his journey, including being elected to the firm’s partnership in 2019. In the article, Hazen offers advice to associates wishing to make partner including

European Union Considering a Complete Ban on Facial Recognition Technology

Written by: Gabriel Lopez, Esq.  Earlier this month, European Union (EU) lawmakers began political debate on the EU’s Artificial Intelligence Act (AI Act). The legislation focuses on regulating the use of artificial intelligence in society. The AI Act seeks to introduce legal obligations commensurate with the potential harm, societal or otherwise, that may come with

North Carolina Court of Appeals Limits Seagraves Test: Implications for Employers

Written by: Laura Gregory, Esq. Recently, the North Carolina Court of Appeals issued a holding that declined to extend the Seagraves test, which is used by courts to determine whether an employee constructively refused suitable employment when they have been terminated for cause unrelated to their work injury. This holding significantly limits an employer’s ability

Security Management: Mariel Smith on Remote Work and Office Relationships

Even amid the growth of remote and hybrid work, intimate relationships among co-workers are on the rise, according to the Society of Human Resource Management. While banning workplace romances may not be the answer, Mariel Smith, Columbus-based partner, said leaders should have a policy in place to protect themselves. “Formal contracts can get a ‘little

Forbes: David McLean Reviews the No Surprises Act

In an article published by Forbes Advisor about how Congress is attempting to tackle the issue of surprise medical bills for patients who unintentionally or inadvertently receive care from an out-of-network providers with the No Surprises Act, Partner S. David McLean Jr. said the law also protects uninsured patients by providing a Good Faith Estimate

Daily Report: John E. Hall, Jr. Discusses Injury Attorneys & Potential for New Reproductive Health Practices

Founding Partner John E. Hall Jr. interviewed with the Daily Report for their new two-part series about verdicts in injury cases involving fetal injuries. Coupled with a national push for “personhood” rights following the U.S. Supreme Court’s overturning of federal abortion rights, the article addresses concerns in the legal industry about whether juries are valuing

HealthLenders: David McLean on the No Surprises Act and IDR Process

In a HealthLeaders article about the recently issued final set of rules based on the No Surprises Act that affect out-of-network reimbursement of providers, S. David McLean Jr., partner at Hall Booth Smith, breaks down the implications of a recent federal court decision. This decision found that the definition of qualifying payment amounts (QPA) –

Snapchat Agrees to $35 Million Settlement with Illinois Residents

Written by: Gabriel Lopez, Esq. A $35 million settlement between the residents of Illinois and Snapchat has been reached following a class action lawsuit over the collection of biometric data. According to the complaint filed on May 11, 2022, for alleged violations of Illinois’ Biometric Information Privacy Act, the company allegedly collected biometric data through

No Surprises Act Final Rules Issued Related to Federal IDR Process

Written by: S. David McLean, Jr. On August 26, 2022, the long-awaited Requirements Related to Surprise Billing: Final Rules (the “Final Rules”) were published in the Federal Register (87 Fed. Reg. 52618). The No Surprises Act Final Rules are purposefully narrow in scope, finalizing parts of the July 2021 and October 2021 interim final rules

HBS Adds Associate Mary Stamper Grogan in Columbus

COLUMBUS, GA – September 14, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Mary Stamper Grogan to its Columbus office. Mary Stamper focuses her practice on the defense of medical malpractice matters. Prior to joining HBS, she clerked for the Honorable Judge Charles Weigle, Federal Magistrate Judge for the Middle District

Daily Report: Betsy Moran on HBS’ New Reproductive Health Strategic Team

In a Daily Report article about Hall Booth Smith’s recently launched Reproductive Health Strategic Team, a group of firm attorneys working to address legal considerations of reproductive health following the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, Elizabeth C. “Betsy” Moran, Denver-based partner and team leader, told the publication the team

Hall Booth Smith Names Five New Partners

ATLANTA, GA – September 13, 2022 – Hall Booth Smith, P.C. has named 5 attorneys to Partner as the firm recognizes the dedication, hard work, and leadership of the senior attorneys. The attorneys who join the firm’s partnership as of September 1 are: Dan Addison, a Partner based in Charleston, South Carolina, who concentrates his

McKnight’s Long-Term Care News: Drew Graham on Supreme Court’s Decision to Review PREP Act COVID-19 Liability Cases

The U.S. Supreme Court may finally determine whether COVID-19 liability cases related to the Public Readiness and Emergency Preparedness (PREP) Act belong in state or federal court. While states can currently consider cases based on federal law, Glenhaven Healthcare is seeking petition from the court to hear its COVID-19 litigation case exclusively in federal court

HBS Adds Partner Marc R. Wilner and Associate Preeti V. Dawane in Paramus

PARAMUS, NJ – September 12, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Partner Marc R. Wilner and Associate Preeti V. Dawane to its office in Paramus, New Jersey, as the firm continues to strengthen its presence in the northeast. Partner Marc R. Wilner brings extensive experience in all aspects of civil

Construction Dive: Recession Fears Spur Uptick in Construction Terminations for Convenience

Construction contract terminations for convenience are being exercised more frequently, introducing additional risk for contractors and subcontractors. This is according to a Construction Dive article regarding a trend of owners pulling the plug on construction projects as supply chain pressures linger and recessionary fears loom. Bradley N. Shefrin, Denver-based partner at Hall Booth Smith, told

HBS Legal Trends: Joseph Herbert & Mark McGivern

Our most recent HBS Legal Trends podcast features HBS Paramus Partner Joseph F. Herbert III and Mark McGivern, CEO of Construction Consulting Associates, LLC. The pair discussed their own backgrounds and experience, how attorney and third-party experts work together on a case, why an investment in the services of an independent expert firm such as

HBS Welcomes Associate Anamayan Narendran in Oklahoma City

OKLAHOMA CITY, OK – September 2, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Anamayan Narendran to its Oklahoma City office as the firm continues to strengthen its presence in the state of Oklahoma. Anamayan focuses his practice on aging services, business transactions, general liability, health care, insurance coverage, labor and

HBS Adds Associates David R. Carducci & Billy Fawcett to Its Atlanta Office

  ATLANTA, GA – August 31, 2022 – Hall Booth Smith, P.C. (HBS) is delighted to welcome David R. Carducci and Billy Fawcett as Associates to its growing Atlanta Office. David focuses his practice on civil rights, employment, immigration, sentencing, direct and non-direct criminal, state and federal habeas corpus, and civil litigation cases. Before joining HBS, David served

HBS Hires Three Senior Attorneys as Charlotte Office Expands

CHARLOTTE, N.C.– September 30, 2022 – Hall Booth Smith, P.C. is pleased to welcome three experienced attorneys from a North Carolina firm as it expands its medical malpractice defense, health care, and business litigation practices. Brenda S. McClearn Brenda S. McClearn is joining HBS as a Partner, and she will split her time between HBS’s

Future Medical Benefits in Tennessee

Written by: Carolina Martin, Esq. Under Tennessee Workers’ Compensation law, an employee is entitled to lifetime medical treatment made reasonable and necessary by their compensable workplace injuries. This can be a daunting prospect for employers, especially in cases where the injured worker is young and the contemplated period of entitlement to these benefits spans several

HBS Adds Partner Louis E. Valvo and Associate Jannah B. Eichenbaum to White Plains Office

WHITE PLAINS, NEW YORK – August 29, 2022 – Hall Booth Smith, P.C. (HBS) is delighted to welcome Louis E. Valvo as a Partner and Jannah B. Eichenbaum as an Associate to its growing office in White Plains, New York. Louis is a skilled trial attorney with more than 35 years of experience in civil and criminal litigation.

Journal of Emerging Issues in Litigation: Haley Greico on the EMR Audit Trail

In an article published in the Journal of Emerging Issues in Litigation, Hall Booth Smith attorney Haley K. Grieco discusses what attorneys need to know about Electronic Medical Records in litigation and the metadata bread crumb trail they leave behind. In the article, Grieco reviews the types of data involved, federal requirements, discovery considerations, privacy

Hall Booth Smith Expands New York City Office with Addition of Four Attorneys

New York, NY – Hall Booth Smith, P.C. (HBS) has added four attorneys to its New York City office as the firm expands to serve its clients in the state of New York. Warren S. Koster is a Partner in our New York City office. He comes to HBS with extensive experience in a wide variety of insurance

An Update on The Protection of Lawful Commerce in Arms Act

Written by: Baxter Drennon, Esq. “[I]f somebody has a gun and it falls into the hands of a murderer, and that murderer kills somebody with the gun, do you hold the gun manufacturer responsible? Not anymore than you would hold a hammer company responsible if somebody beat somebody over the head with a hammer. That is

Non-Criminal Acts / Aiding and Abetting – Further Expansion of the Exceptions to the Protection of Lawful Commerce in Arms Act?

Written by: Baxter Drennon, Esq. The Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901, protects licensed firearm and ammunition manufacturers and dealers from civil liability resulting from the criminal or unlawful misuse of a firearm or ammunition. There are six enumerated exceptions to the immunity created under the Act, including actions related to: (1)

HBS Announces Reproductive Health Specialty Team

Legal considerations surrounding reproductive healthcare are more complex than ever before and continue to change almost daily. To address these considerations, Hall Booth Smith has launched its new Reproductive Health Specialty Team. HBS has a dedicated team of highly experienced attorneys who counsel healthcare providers, insurers, employers, patients and others who provide, seek or support

Hall Booth Smith Attorneys Recognized as 2023 Best Lawyers: Ones to Watch

Thirty-one lawyers from Hall Booth Smith, P.C. (HBS) have been honored as Best Lawyers: Ones to Watch. This recognition is given to attorneys, in a variety of practice groups, who are earlier in their careers for outstanding professional excellence in private practice in the United States. This honor is based on Best Lawyers®’  highly selective

Hall Booth Smith Attorneys Honored by The Best Lawyers In America 2023

47 lawyers from the firm have been honored in the 2023 edition of The Best Lawyers in America.

Hall Booth Smith Expands Montana Office with Addition of Two Attorneys

MISSOULA, MT – Hall Booth Smith, P.C. (HBS) has added two attorneys to its Missoula office as the firm expands to serve its clients in the state of Montana. Joel Henry is Of Counsel in our Missoula office. Joel brings to HBS a unique ability to integrate IP, technology, corporate and transactional, and securities law

Engineering News-Record: Brad Shefrin on Design Pitfalls

In an article published in Engineering News-Record, Brad Shefrin, Colorado-based partner at Hall Booth Smith, discusses the importance of construction design firms consulting with local professionals to avoid costly and embarrassing design problems. “Even though most states have open reciprocity allowing a licensed engineer or architect to pay a fee to stamp plans in that

Physicians Practice: Quinlan & Swajkowski on Maximizing Peer Review Privileges

In an article published in Physicians Practice, Montana-based Partner Jori Quinlan, Associate Jenny Swajkoski, and Summer Associate Annabelle Smith discuss what practices generally increase the likelihood that provider communications or documents will be deemed privileged. “Most states want to encourage the use of peer review panels to improve patient healthcare and have passed legislation providing

Ten HBS Attorneys Named to Charleston Business Magazine’s Legal Elite 2022

Hall Booth Smith is honored to announce ten firm attorneys were nominated and voted among Charleston Business Magazine’s 2022 Legal Elite, the only regional awards program that allows every active attorney to nominate and vote for their peers across 26 categories. The selected attorneys will be recognized in the August publication of Charleston Business Magazine,

HBS Adds Partner Brandon C. Szymula to Tampa Office

TAMPA, FLORIDA – July 29, 2022 – Hall Booth Smith, P.C. (HBS) is delighted to welcome Brandon C. Szymula as a Partner to its growing office in Tampa, Florida Brandon concentrates his practice on aging services and general liability matters, representing numerous nursing homes, assisted living facilities, and other healthcare providers. Prior to joining HBS,

HBS Adds Associate Meredith Box to Nashville Office

Hall Booth Smith, P.C. (HBS) is delighted to welcome Meredith Box as an Associate to its growing office in Nashville, Tennessee. Meredith focuses her practice on health care liability litigation, insurance defense, health care policy and regulatory matters, wrongful death litigation, and other general liability matters. Prior to joining HBS, Meredith served as a Judicial

HBS Legal Trends: Baxter Drennon & Burt Hicks

The newest HBS Legal Trends podcast features HBS Little Rock Partner Baxter D. Drennon and Burt Hicks, President, Chief Strategy Officer & General Counsel at Encore Bank. The pair discussed discussed company operating philosophy, how Encore Bank chooses new markets and the banking professionals who lead them, their focus on the latest in financial technology,

Mid-Market Report: Alex Booth on the Unprecedented Expansion of Midsize Law Firms

In a Mid-Market Report article discussing the recent unprecedented expansion of midsize law firms into new cities and geographies nationwide, Alex Booth, managing partner at Hall Booth Smith, said the decision for the firm to expand is often driven by client demand and led by client introductions of a lawyer in a given city. The

Hall Booth Smith Opens Red Bank, NJ Office With Four New Attorneys

Hall Booth Smith, P.C. (HBS) continues to expand across the Northeast with a new office in Red Bank, New Jersey. The Red Bank office is located at 328 Newman Springs Road, strategically located near the Garden State Parkway. This new location complements HBS’s other New Jersey locations as the firm brings its full-service capabilities to

Potential Emotional Damages for Wrongful Death in New York

Written by:  Nicole Callahan, Esq. and Daniele DeZago, Esq. I.          INTRODUCTION The New York Legislature recently passed Bill S74A, also called the Grieving Families Act, which would amend sections of the EPTL that provide for the types of damages that may be awarded in wrongful death actions.  Governor Hochul is expected

HBS Adds Of Counsel Lauren N. Vriesinga to Charleston Office

Hall Booth Smith, P.C. (HBS) is delighted to welcome Lauren N. Vriesinga as Of Counsel to its growing office in Charleston, South Carolina. Lauren concentrates her practice in the healthcare industry, representing a variety of healthcare providers and professionals in all phases of litigation related to both general and professional liability claims. She also practices

Healthcare Executive Aaron D. Webb Joins HBS as Of Counsel

Hall Booth Smith, P.C. is thrilled to announce that longtime healthcare and retirement community executive and general counsel Aaron D. Webb has joined the firm as Of Counsel. Webb concentrates his practice on medical malpractice defense, aging services, general liability, and arbitration and mediation, and he works closely with client leadership teams to develop legal

HBS Legal Trends: Jeffrey Daitz & Christopher Grosso

In the newest edition of the HBS Legal Trends podcast, HBS Paramus Partner Jeffrey M. Daitz was joined by Christopher Grosso, Partner and National Claim Advocacy & Consulting Leader at Conner Strong & Buckelew. The pair discussed how they use their respective expertise in insurance brokerage and employment to help organizations limit potential claims exposure.

Hall Booth Smith Adds Four Attorneys to its Jacksonville Office

Hall Booth Smith, P.C. (HBS) is pleased to announce the addition of four attorneys to its Jacksonville office as the firm expands to better serve clients in the state of Florida. Shylie Bannon is a Partner in our Jacksonville office where she focuses her practice on representing physicians, mid-level providers, and health care providers in

i Advance Senior Care: Jeffrey Daitz on Best Practices in Senior Care Leadership Transitions

Transitions in leadership can be defining times for senior care organizations. These transitions can be difficult to navigate, but upper-level management play a key role in how well staff are able to adapt to the change. How Leadership Transitions Effect Senior Care Organizations Good leaders bring stability and morale to senior care organizations. Jeffrey M. Daitz is a partner

Inc.: Mariel Smith on Supporting Employees with Long-COVID

Hundreds of thousands of dollars spent to no avail. More than 70 rejections from rehabilitation clinics. Even more visits to hospitals, doctors, physical therapists, chiropractors, and other specialists. One long-Covid diagnosis. That’s been the reality for the Smith family for the past two years and counting, after Jason Smith, a psychologist and professor by trade, contracted long Covid.

McKnight’s Long-Term Care News: Drew Graham on Nursing Home “Win” from SCOTUS Case

The Supreme Court of the United States on Monday said it will review a ruling that revived an injury lawsuit against a state-owned nursing home. The case has wide-reaching implications for providers. It could add a new right for private lawsuits of action as a component of the federal Nursing Home Reform Act (NHRA) depending

McKnight’s Newsmakers Podcast: Drew Graham on Unraveling PREP Act Immunity

Nursing home providers seeking protection from lawsuits and financial liability related to the care they’ve provided during the pandemic are largely dependent on the federal PREP Act, especially now that many state shield laws are expiring. But a series of legal challenges has led to a back-and-forth on the act’s ability to shield operators from all

Three Hall Booth Smith Charleston Partners Selected as Rising Stars in the 2022 South Carolina Super Lawyers Magazine

The 2022 edition of the South Carolina Super Lawyers Magazine recognized the law firm of Hall Booth Smith, P.C. (HBS) for its outstanding legal work, highlighting Charleston Partners Elizabeth Morrison, Derek Newberry and Lauren Spears Gresh on its list of Rising Stars. Partner Elizabeth “Liz” Morrison was recognized for her work in general defense. Liz

HBS Adds Associate Hannah Yoder to Florida Office

TAMPA, FLORIDA – Hall Booth Smith, P.C. (HBS) is delighted to welcome Hannah Yoder as an Associate to its growing office in Tampa, Florida. Hannah focuses her practice on representing numerous assisting living facilities and nursing homes in lawsuits alleging Chapter 429 and 400 violation of rights and negligence, as well as premises liability and

McKnight’s Long-Term Care News: Drew Graham on Fed Spotlight Detracting from Patient Focus

An effort to improve transparency into nursing home ownership took a major leap forward when federal officials posted previously non-public data April 20, but providers and legal experts cautioned that early findings should not be viewed in a vacuum. The Centers for Medicare & Medicaid Services’ decision to post the data marked the first time

Part B News: David McLean on No Surprises Act & Increased Provider Challenges

A Texas court recently vacated one feature of the independent dispute resolution process outlined in the federal government’s No Surprises Act, a decision that may result in more providers challenging prices named by the government – and cause them to go up. David McLean, Atlanta-based partner at Hall Booth Smith, noted in a Part B

HBS Adds Associate Aphrodite Hadjiloucas to New Jersey Office

Hall Booth Smith, P.C. (HBS) is delighted to welcome Aphrodite Hadjiloucas as an Associate to its growing office in Saddle Brook, New Jersey. Aphrodite focuses her practice on labor and employment law. Prior to joining HBS, she worked in the public sector, in the District of Columbia, where she advised on various matters pertaining to

Hall Booth Smith Adds Two Attorneys to its Charlotte Office

Hall Booth Smith, P.C. (HBS) is pleased to announce the addition of two attorneys to its Charlotte office as the firm expands to better serve clients in the state of North Carolina. The Charlotte office specializes in a variety of practice areas including data privacy and security, technology, professional negligence/malpractice, long term care, employment, general

Part B News: Beth Boone on Raising Medical Malpractice Insurance Rates

In the last three years, medical malpractice insurance rates have increased year-over-year, reaching highs not seen since the 2000s, according to a report from the American Medical Association. The trend has some providers questioning why premiums are rising and how they can hold down costs. Beth Boone, Georgia-based partner at Hall Booth Smith, told Part

HBS Adds Associate Cameron E. Nieters to North Carolina Office

Hall Booth Smith, P.C. (HBS) is delighted to welcome Cameron E. Nieters as an Associate to its growing office in Asheville, North Carolina. Cameron focuses her practice on medical malpractice, general liability, insurance coverage, professional malpractice & ethics, and government liability. Prior to joining HBS, Cameron spent two years clerking at a Winston Salem-based firm

Part B News: Sandra Cianflone on the Potential End to the COVID-19 PHE & Its Impacts

As speculation looms about an inevitable end to the public health emergency related to COVID-19, providers are curious to know the impact to flexibility allowed under the PHE including Medicare payment and coverage requirements. Sandie Cianflone, Atlanta-based partner at Hall Booth Smith, told Part B News that one consideration should be the Public Readiness and

Virginia Amends the Virginia Consumer Data Protection Act (“VCDPA”)

Written by: Richard Sheinis, Esq. As many of you know, the VCDPA is scheduled to go into effect on January 1, 2023.  In advance of the effective date, the Virginia Legislature has passed several amendments to the Act.  The amendments are as follows: A new exemption to the right to delete when the personal data

Shopify and Leger Facing Second Class Action Over 2020 Data Breach

Written by Joseph Stepina, Esq. Canadian e-commerce company, Shopify Inc., faces a new class action lawsuit over a 2020 data breach in which hackers were able to access personally identifiable information of over 270,000 individuals. Shopify contracted with Leger, who sells SAS cryptocurrency hardware wallets, to store its customers’ personal information. In addition, the hackers

The FTC’s Full-Court (Cafe)Press

Written by: Brock Wolf, Esq. Last month, the Federal Trade Commission (“FTC”) announced a proposed settlement with the online retailer of customized merchandise, CafePress. This settlement follows allegations that the company failed to implement reasonable security measures and attempted to cover up a 2019 data breach. The proposed settlement would call for CafePress to pay

Indiana Amends Its Data Breach Notification Law

Written by: Brock Wolf, Esq. Indiana Governor Eric Holcomb signed into law an amendment to Indiana’s data breach notification statute. The amendment, which takes effect on July 1, 2022, implements a forty-five (45) day deadline for reporting a breach to affected individuals and the Indiana Attorney General. Indiana’s breach notification law now requires entities to

OSHA Announces a National Emphasis Program to Protect Workers from Heat Hazards

Written By: Daniel Richardson On October 27, 2021, OSHA published in the Federal Register an Advance Notice of Proposed Rulemaking (ANPRM) on the issue of Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. According to this Notice, heat is the leading cause of death among all weather-related phenomena. “Excessive heat exacerbates existing

Raconteur: Richard Sheinis on Disconnect Between Cyber Attack Policy Coverage vs. Actual Need

In a Raconteur article about the need for companies to ensure they have the right insurance policies to contend with rising cyber attacks, Richard Sheinis, partner and head of the Data Privacy & Cyber Security Service Area at Hall Booth Smith, said “When a client suffers an event, whether that be a ransomware attack or

McKnight’s Newsmakers Podcast: Drew Graham on CMS Consideration for Nursing Home Minimum Staffing Rule Study

The Centers for Medicare & Medicaid Services is launching an ambitious study in support of the first minimum staffing rule for nursing homes. If you think you know how they will set their targets and all the reasons they will matter to providers, think again. Drew Graham, partner and head of the Long-Term Care Practice

HBS Opens Montana Office as Three Attorneys Join Firm

MISSOULA, MONTANA – April 12, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to announce the opening of a new office in Missoula, Montana, and the addition of two new Partners and one Associate as the firm continues to expand in the Rocky Mountain and Great Plains region. Elizabeth Lowrance Hausbeck and Jori L.

Hall Booth Smith Welcomes Mattia, McBride, Grieco, and Coddington in New Jersey

NEW JERSEY – April, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome four attorneys from the former New Jersey, boutique medical malpractice litigation firm, Mattia, McBride & Grieco, P.C. Attorneys Philip F. Mattia, Michael McBride and Haley K. Grieco join as Partners and Justyn M. Coddington joins as Associate as the firm

Risk & Insurance: John E. Hall, Jr. on Role of Captives, Other Alternative Risk Vehicles in Litigation

In a Risk & Insurance article about the latest litigation trends impacting professional firms, Founding Partner John Hall talks about the role of captives and other alternative risk vehicles: “In most areas, we are seeing an increase in limits purchased and higher self-retention or more reliance on private captives to cover the first layer of

First Department Holds that SOL Tolling Under Lavern’s Law for Delayed Cancer Diagnosis Does Not Apply in Ford v Lee

Author: Jeffrey T. Wolber The First Department reversed a Bronx County Supreme Court order denying the defendants’ motion to dismiss pursuant to the statute of limitations in Ford v. Lee, 2022 NY Slip Op 01414 (1st Dept Mar. 8, 2022). The case involved allegations of delayed diagnosis of lung cancer following an abdominal/pelvic CT scan

Guidance from South Carolina Workers’ Compensation Commission on Completion of Form 19

Written by: Margaret “Meg” H. Donahue, Esq. On March 23, 2022 The SC Workers’ Compensation Commission issued this advisory notice clarifying information to be included on the Form 19 at the close of a claim. The Commission has determined that expenses that are not specifically medical care and treatment are being included on Line 6,

Hall Booth Smith Adds Five Attorneys in its Birmingham Office

BIRMINGHAM, AL – Hall Booth Smith, P.C. (HBS) has added five attorneys to its Birmingham office as the firm expands to better serve clients in the state of Alabama. The attorneys are all joining from Mudd, Bolvig, Luke & Wells, a civil trial and appellate firm in Birmingham. C. Peter Bolvig is a Partner in

HBS Adds Wooten, DiCarlo and Stepina in Little Rock

LITTLE ROCK, ARK. – March 21, 2022 – Hall Booth Smith, P.C. is delighted to announce that Attorneys Todd Wooten, Tony A. DiCarlo, III and Joseph C. Stepina have joined the firm in the recently opened office in Little Rock, Arkansas. Todd Wooten joins the firm as Partner and he focuses his practice on aging

Four Hall Booth Smith Attorneys Honored in the 2022 New Jersey Super Lawyers Magazine

In the 2022 edition of the New Jersey Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) has once again been recognized for its outstanding legal work. Partners David Badie, Harry D. Norton, Jr. and Philip F. Mattia have all been named as Super Lawyers, and Attorney Brooke E. Reddin has been selected

HBS Opens Alpharetta Location to Support Clients in North Atlanta Area

ALPHARETTA, GEORGIA – March 18, 2022 – Hall Booth Smith, P.C. (HBS) has opened a new location in the northern Atlanta suburb of Alpharetta to enhance convenience for clients and employees that are also located in that region of the metropolitan area. HBS’s new office is just off the Ga. 400 commuter corridor and is

Are Individual Insurance Adjusters Liable for Unreasonable Delay or Denial of Claims under Colorado Law?

Written by: Melissa A. Ogburn, Esq. On March 14, 2022, the Colorado Supreme Court issued its ruling in Skillett v. Allstate Fire and Casualty Insurance Co., infra, definitively deciding whether insurance adjusters themselves can be held liable for unreasonably delaying or denying benefits under a policy of insurance pursuant to C.R.S. §§ 10-3-1115 and -1116. 

Ransomware Group Conti Faces Data Leak of Its Own

Written by: Joseph Stepina, Esq. Notorious ransomware group Conti has, itself, been the target of cyberattacks after it announced its allegiance to Russia and its support of Russia’s ongoing invasion of Ukraine.  Conti is famous for conducting ransomware attacks on a variety of business and governmental entities including Ireland’s national health service, Shutterfly, and fashion

U.S. Senate Unanimously Passes the Strengthening American Cybersecurity Act

Written by: Brock Wolf, Esq. On March 1, 2022, the United States Senate unanimously passed the Strengthening American Cybersecurity Act.  This package of three bills aims to strengthen U.S. cybersecurity infrastructure by enhancing incident reporting requirements, tightening cybersecurity requirements for federal agencies and calling for federal agencies to migrate to cloud-based networks. One of the

California Privacy Rights Act Regulations Delayed

Written by: Brock Wolf, Esq.  Last month, on February 17, the California Privacy Protection Agency (“CPPA”) announced at a board meeting that the publication of final regulations under the California Privacy Rights Act (“CPRA”) will be delayed.  Under the CPRA, regulations were to be finalized by July 1, 2022.  The goal was to provide businesses

Utah About To Become The Fourth State To Pass Privacy Law

Written by: Richard Sheinis, Esq.  On March 3, 2022 the Utah Consumer Privacy Act (“UCPA”) was passed by the Utah legislature and sent to the Governor to sign, which he is expected to do.  Most of you will be familiar with the requirements of the UCPA as they are similar to recently passed privacy laws

Inside Medical Malpractice Podcast: John E. Hall, Jr. on What Healthcare Professionals Should Know about Medical Malpractice

Founding Partner John Hall spoke with Chris Rokosh of the Inside Medical Malpractice podcast about what healthcare professionals should know about medical malpractice, as well as how patients can take control of their health. On the episode, he counseled providers to focus on the business of providing care, saying, “What you’re doing is a great

Hall Booth Smith adds Four Associates in Atlanta

ATLANTA – March 15, 2022 – Hall Booth Smith, P.C. (HBS) is delighted to add four new associates in its Atlanta headquarters office as the firm expands to better serve clients on medical malpractice, general liability and a wide range of other matters. Alex Kinzinger focuses her practice on health care and medical malpractice litigation

HBS Adds Associate Christian E. W. Fober in Charleston

CHARLESTON, S.C. – March 11, 2022 – Hall Booth Smith, P.C. (HBS) is delighted to welcome Christian E. W. Fober as an Associate to its growing office in Charleston, South Carolina. Christian focuses his practice on general liability and transportation matters. Prior to joining HBS, he worked at two local firms in Charleston where he

Biden-Harris Administration’s Plans to Crack Down on Nursing Homes Indicate Upcoming Uptick in Survey Activity

On March 1, 2022, President Joe Biden delivered his first State of the Union address—announcing plans “to set higher standards for nursing homes” and to “crack down on the ‘Wall Street firms’” allegedly taking over nursing homes…

HBS Partner Scott S. Nixon Admitted to the American College of Trial Lawyers

DENVER — March 9, 2022 — Hall Booth Smith, P.C. is excited to announce that Partner Scott S. Nixon has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony at which Nixon became a Fellow took place on February 26, 2022 before

The Brave New World of New York Insurance Disclosure

Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. New York’s governor closed 2021 by signing into the law the Comprehensive Insurance Disclosure Act (CIDA), which placed onerous new insurance disclosure requirements on defendants. The most onerous provisions of CIDA were struck when the law was amended on February 24, 2022. Given

HBS Attorneys Selected as Super Lawyers in the 2022 Colorado Super Lawyers Magazine

In the 2022 edition of the Colorado Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) will once again be recognized for its outstanding legal work as five of its attorneys are on the list of Super Lawyers: Christine A. Craigmile, Elizabeth C. Moran, Scott S. Nixon, Catherine O’Brien Crum and Bradley N.

Russia Business: Recently Imposed Sanctions

Written by: John E. Parkerson, Jr., Esq. and Ivo Kaitschick* Preface: Due to the recent Russian invasion of Ukraine, a multitude of new sanctions have been imposed — most of them on Russia, some on Belarus. In addition to sector or geographically-based sanctions, both the U.S. and the EU have been adding people and entities

Texas Court Vacates Provisions of the No Surprises Act Interim Final Rule

On February 23, 2022, United States District Judge Jeremy D. Kernodle of the United States District Court for the Eastern District of Texas, Tyler Division, entered his Memorandum Opinion and Order in Texas Medical Association and Adam Corley v. United States Department of Health and Human Services, et al…

Modern Healthcare: John E. Hall, Jr. on California Medical Malpractice Damages Cap & Insurance Rate Impact

A new ruling by a California Supreme Court upholding a lower court’s decision to cap medical malpractice damages will not significantly impact provider’s insurance rates, Founding Partner John E. Hall, Jr. said in an interview with Modern Healthcare. Around half of U.S. states have malpractice caps on either financial or noneconomic damages, ranging from $250,000

HBS Adds James T. McColgan, III in Memphis

MEMPHIS, TN – February 28, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome seasoned Memphis attorney James T. McColgan, III as Of Counsel to its Memphis office. Jim brings three decades of legal experience in the fields of healthcare liability defense, including pre-suit investigation, litigation and jury trials. Jim also has vast

Journal of Emerging Issues in Litigation: Social Inflation’s Impact on Jury Verdicts & How to Safeguard Against It

In an article published in the Journal of Emerging Issues in Litigation, Partner Sandy Cianflone and Associates Lindsay Nishan and Samantha Myers discuss the impact of social media on the rising costs of medical malpractice litigation and nuclear verdicts. According to the authors, a juror’s perception of companies and healthcare providers is increasingly colored by

Risk & Insurance: John E. Hall, Jr. Discusses the Prevalence of Health Care Captives in the Cayman Islands

In a Risk & Insurance article about the prevalence of health care captives in the Cayman Islands, Founding Partner John E. Hall, Jr. said the captives popularity can be attributed to a number of industry trends including increasing premiums, claims frequency, social inflation and nuclear jury verdicts. “The increasing severity and volume of claims and

Journal of Healthcare Risk Management: Richard Sheinis on the HIPAA Safe Harbor Law

In a Journal of Healthcare Risk Management article about the HIPAA Safe Harbor Law in which HIPAA-covered entities and their business associates receive certain protections when potentially facing fines and other penalties under HIPAA, Richard Sheinis, Partner and Leader of the Data Privacy & Cyber Security Service Area at Hall Booth Smith, said the law

HBS Adds Attorney Scott Corley in Nashville

NASHVILLE, TN –  February 18, 2022 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Scott Corley as an Associate to its growing office in Nashville, Tennessee. Scott defends our insured clients in a wide array of areas including healthcare, professional liability (specifically healthcare professionals), products liability, general liability, transportation, as well as business,

USCIS revises mission statement

Written by: Ashik R. Jahan, Esq. and Ivo Kaitschick As of February 9, 2022, U.S. Citizenship and Immigration Services has changed their mission statement to read: “USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.” The new statement shifts the focus away from safety

Forbes: Mariel Smith Advises Consulting Help to Ensure Compliance During Background Checks

In a Forbes article about how employee background checks can help companies avoid a crisis, Columbus Partner Mariel Smith advises business leaders to consult a legal professional to ensure compliance with applicable laws and regulations. “It is very important for employers and HR professionals to consult an employment attorney if they have any questions regarding

Nine Hall Booth Smith Attorneys Selected as Rising Stars in the 2022 Georgia Super Lawyers Magazine

In the 2022 edition of the Georgia Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) has once again been recognized for its outstanding legal work as nine of its attorneys are on the list of Rising Stars. Attorneys Russell Britt, Brittanie Browning, Jacquelyn Clarke, Sean Cox, Jake Evans, Alex Kaufman, Joel McKie,

Fourth Time’s the Charm? Washington State Legislature Contemplating Comprehensive Data Privacy Bills

Written by: Brock Wolf, Esq. Washington is among the states expected to pass a comprehensive data privacy law this year. At least, that has been the headline since 2019, when the Washington Privacy Act was first introduced in the legislature. Now, for the fourth year in a row, the legislature will attempt to pass a

Illinois McDonald’s Enter $50 Million Settlement for Alleged BIPA Violation

Written by: Brock Wolf, Esq. Illinois’ Biometric Information Privacy Act (“BIPA”) is arguably the nation’s strictest when it comes to biometric information. Biometric information protected by BIPA includes fingerprints, retina or iris scans, hand scans, facial recognition, DNA and other unique biological information. Passed in 2008, BIPA requires that before companies may collect or otherwise

Hall Booth Attorneys Selected as Super Lawyers in the 2022 Georgia Super Lawyers Magazine

In the 2022 edition of the Georgia Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) will once again be recognized for its outstanding legal work as six of its attorneys are on the list of Super Lawyers: John E. Hall, Jr., C. Michael Johnson, Thomas Mazziotti, Rush S. Smith, Jr. of the

ACC Docket: Richard Sheinis on Developing a Strategic Privacy Program Across Different Jurisdictions

In an article published in the Association of Corporate Counsel’s ACC Docket, Hall Booth Smith Partner Richard Sheinis and ParkMobile Chief Legal and Privacy Officer Tony Stewart share what it takes to develop a strategic privacy program that deals with data privacy laws from different jurisdictions. Listed chief in their recommendations are data mapping and

The Algorithmic Accountability Act of 2022 Is Introduced

Written by: Richard Sheinis, Esq. Several Democratic legislators have introduced the Algorithmic Accountability Act of 2022 (the “Act”). This legislation is a redo of the 2019 Algorithmic Accountability Act. While this piece of legislation will likely die on the vine, like so many personal data related bills before it, it demonstrates a disturbing trend to

McKnight’s Long-Term Care News: Jacque Clarke on the Importance of Maintaining a Library of Resources for Regulators

In a McKnight’s Long-Term Care News article, Atlanta-based Partner Jacquelyn Smith Clarke offers advice on how to maintain documentation amidst rapidly changing guidance from federal and state regulators. Whether to prepare for a surveyor, draft an appeal, or defend a potential lawsuit, Clarke said a well-maintained library of resources is important and can help guard

Indiana’s Adams County Superior Court Dismisses Malpractice Claim for Treatment of COVID-19 under State Immunity Statute

Written by: Jeffrey T. Wolber, Esq. On February 1, 2022, Judge Samuel K. Conrad of the Superior Court of Adams County, Indiana, granted summary judgment on behalf of a hospital and EMS entity. (Anonymous Hospital v. Peterson, No. 01D01-2107-CT-000014 (Adams Superior Court Feb. 1, 2022)). The petitioners/defendants asserted immunity under Ind. Code §§ 34-30-13.5-1 and

Florida Court Allows Bonus Paid After Date of Accident to be Added to Workers’ Compensation Wages Amount

Written by: Rayford H. Taylor, Esq. The Employee, in the case of Noa v. City of Aventura and Florida League of Cities, appealed an Order of the judge of compensation claims (JCC) denying an increase in her average weekly wage (AWW).  The Employee contended she was entitled to include a pro rata share of her

Duty to or Not to Defend? That is The Question. Recent Application of the ‘Eight-Corners Rule’ Under Texas Law in Finding Insurer Had Duty to Defend

Written by: Timothy A. Bishop, Esq. In Siplast, Inc. v. Emps. Mut. Cas. Co., 23 F.4th 486 (5th Cir. 2022), the Fifth Circuit Court of Appeals, construing Texas law, applied the “eight-corners rule” in finding that the insurer had a duty to defend. In Siplast, the insured, a roofing manufacturer, brought an action against its

The Turf War Over Personal Data Continues

Written by: Richard Sheinis, Esq. As many of our readers know, the transfer of personal data from the EU to countries outside the EU is heavily regulated by the GDPR. Companies that transfer personal data from the EU to the US typically use Standard Contractual Clauses, which are intended to provide some assurance that personal data

Moving Target: Target Statutory Cap on Punitive Damages No Longer Required To Be Plead As An Affirmative Defense

Written by: Lindsay A. Nishan, Esq. and Lauren Spears Gresh, Esq.  As attorneys and adjusters participating in litigation in the State may recall, South Carolina Court of Appeals decision Garrison v. Target Corporation sent many defense counsel scrambling to amend their answers in April of 2020 after the Court held that the benefit of the

Hall Booth Smith Adds Four Attorneys in its Tampa Office

TAMPA, FL – January 28, 2022 – Hall Booth Smith, P.C. (HBS) has added four attorneys to its Tampa office as the firm expands to serve its health care clients in the state of Florida. Frances G. Prockop is a Partner in our Tampa office with more than three decades of legal experience. She represents

“How Long Do We have to Keep This?” Record Retention for Local Law Enforcement Documents

Written by: Rebekah Maddox Ditto, Esq. and Jennifer D. Herzog, Esq. Having the honor to represent numerous local law enforcement agencies we often get the question (usually in response to an open records request but sometimes as a result of a lack of space for storage), “How long do we have to keep this?” The

Recent Appellate Decisions Interpreting Florida’s Workers Compensation Statute

Written by: Rayford Taylor, Esq.  The Hampton case established the mere fact an attorney fee amount has not been established does not prohibit the Statute of Limitations from operating to defeat payment of additional benefits.  The Tejeda case reaffirmed that a claimant who voluntarily changed their authorized physician cannot return to the prior physician for

Bad Faith Claims Arising under Claims for UM/UIM Benefits Permitted under New Jersey Insurance Fair Conduct Act

Written by: Kelly P. Corrubia, Esq. On January 18, 2022, Governor Murphy signed Senate Bill 1559,   the “New Jersey Insurance Fair Conduct Act” (“NJIFCA”). The NJIFCA creates an individual cause of action for bad faith arising from a claimant’s uninsured/underinsured motorist (“UM/UIM”). The Act permits an insured to file a lawsuit when that individual is

Two Asheville Partners Recognized on the 2022 North Carolina Super Lawyers and Rising Stars List

In the 2022 edition of the North Carolina Super Lawyers magazine, the law firm of Hall Booth Smith, P.C. (HBS) has been recognized for its outstanding legal work as two of its Partners have been named on the list of Super Lawyers and Rising Stars. Isaac Northup has been selected to the Super Lawyers list

Siegel – Is the QA Privilege Eroding?

Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. At the end of 2021, the Appellate Division, Second Department revisited disclosure and New York’s Quality Assurance (“QA”) privilege in Siegel v. Snyder, No. 6612/2016, 2021 WL 6057821 (2d Dept. Dec. 22, 2021). The long-standing privilege shields from disclosure certain materials and statements

S(l)imms Pickens for UM Coverage in South Carolina When At-Fault Driver is Excluded from Insured’s Policy

Written by: Alan R. Belcher, Jr., Esq. USAA v. Pickens, __ S.C. ____, 2021 (Filed August 11, 2021.) In this appeal, the Supreme Court of South Carolina was asked to address the applicability of mandatory uninsured motorist coverage (UM) under a USAA personal lines auto policy (Policy).  The Court determined that the Policy did not

Privacy Allegations Lead to $18.4 Million in Settlements for Boston Hospitals

Written by: Brock Wolf, Esq. Mass General Brigham Incorporated and its affiliate healthcare providers (“Mass General”) agreed to pay $18.4 million to settle a class-action against the healthcare system. While healthcare providers around the nation are falling victim to data breaches and ransomware attacks, this lawsuit has a different origin. Instead, this class-action stems from

European Cookie Rules Continue To Evolve

Written by: Richard Sheinis, Esq. CNIL, the French Data Privacy Supervisory Authority, has fined Google 150 Million Euros, and Facebook 60 Million Euros, for having websites that do not make refusing cookies as easy as accepting them.  Prior GDPR guidance, and rulings from various supervisory authorities, required that websites using cookies have a cookie banner

Hall Booth Smith Expands to Denver with Nixon Shefrin Additions

DENVER, Jan. 10, 2022 – Hall Booth Smith, P.C. announced today the opening of a Denver office with the addition of 17 attorneys and 18 staff members from Nixon Shefrin Ogburn Drew, P.C., a leading litigation defense firm in central Colorado. The combination is part of Hall Booth Smith’s continued westward expansion and marks its

Reuters: Jacqueline Voronov on Company Rights to Terminate Unvaccinated Employees

In a Reuters’ article examining a decision by Citigroup Inc. to terminate U.S. employees not vaccinated by January 14, 2022, Hall Booth Smith Partner Jacqueline Voronov said it is well within the company’s right to do so, citing the courts’ upholding of private employer mandates in a tidal wave of claims from staff refusing to

Indian Data Protection Bill Nearing Passage

Written by: Brock Wolf, Esq. Last month, India’s Joint Parliamentary Committee submitted its report on India’s draft Data Protection Bill (the “Bill”) to Parliament. The report, which comes after two (2) years of deliberations, contains the Joint Parliamentary Committee’s recommendations and a revised draft of the Bill. In 2017, the Supreme Court of India declared

Hall Booth Smith Adds Stewart G. Milch as Of Counsel in New York City Office

NEW YORK, NY – January 6, 2022 – Hall Booth Smith, P.C. is pleased to welcome experienced attorney Stewart G. Milch as Of Counsel to its growing office in New York City. For almost 30 years Stewart has concentrated his practice on appeals to safeguard hard-fought victories and overturn unfavorable outcomes in lower courts. He

HBS Names 11 New Partners

ATLANTA, GEORGIA – January 5, 2022 – Hall Booth Smith, P.C. has named 11 attorneys to Partner as the firm recognizes the dedication, hard work and leadership of the senior attorneys. The attorneys who join the firm’s partnership as of January 1 are: David W. Badie, a Partner based in Saddle Brook, New Jersey, who

Nursing Homes Challenge New York’s Profit Cap as Unconstitutional

Written by: Jeffrey T. Wolber, Esq. Edited by: Nicole A. Callahan, Esq. A group of over 200 nursing homes are challenging a New York law that sets a cap on their profits. The lawsuit was filed on December 29, 2021 in the U.S. District Court for the Northern District of New York (Case No. 1:21-cv-01384).

Healthcare Risk Management: Richard Sheinis on What Providers Should do When Medical Devices Are Compromised

In the January issue of Healthcare Risk Management, Richard Sheinis, Partner and leader of Hall Booth Smith’s Data Privacy & Cyber Security Service Area, discusses what health care providers and hospitals should do when a medical device has been compromised. In the article, Richard lays out the steps providers should take when responding to an

Daily Report: John E. Hall Jr. on HBS University & Talent Development Programs

In a story about how law firms are using talent development programs to aid in attorney recruitment and retention, the Daily Report spoke with Partner John Hall about HBS University, a six-week educational program that offers new lawyers an introduction to a variety of topics in three one-hour sessions per week. “For me, when I

Healthcare Risk Management: Jason Hendren on Effectiveness of Health Care Apology Laws

In the January 2022 issue of Healthcare Risk Management, Partner Jason B. Hendren discusses why health care apology laws, which are meant to protect clinicians who apologize to a patient or patient’s family after an adverse health care event, appear to have little positive effect. In the article, Jason explains that many states have not