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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.

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.

Experience

Construction

Brian J. Manikowski has extensive experience representing a wide range of clients in construction-related litigation, including general contractors, subcontractors, and design and engineering firms. His practice spans complex construction defect lawsuits involving projects from single-family homes to large-scale developments of up to 300-unit multi-family residential buildings. Brian has defended claims related to negligent workmanship resulting in both structural and cosmetic defects, as well as represented sellers of manufactured homes facing allegations of construction deficiencies. He also has significant experience handling catastrophic injury and wrongful death cases involving scaffold collapses, including both traditional frame and mast-climber systems. Additionally, Brian has represented home and termite inspectors in matters involving alleged negligent inspection services that led to substantial property damage in both single-family and multi-family residences.

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

Hall Booth Smith Welcomes Amy Cowan and Britton White as Of Counsel in Athens Office

Hall Booth Smith, P.C. is excited to welcome Amy Cowan and Britton White as of counsel lawyers in the firm’s Athens office. Both lawyers bring substantial litigation experience, having overseen cases from pre-suit through appeal. “Amy and Britton bring exceptional litigation experience that will greatly strengthen our Athens office,” said Partner Christian Henry, who oversees

Hall Booth Smith Welcomes Matthew T. Rhodes in Jacksonville

Hall Booth Smith is proud to welcome Matthew T. Rhodes, who practices in the areas of medical malpractice, general liability, insurance coverage and construction. “Matthew’s expertise and experience will enhance our firm’s reputation for delivering top-tier legal services across the state of Florida,” said Jacksonville Managing Partner Brent Allen.  Before joining Hall Booth Smith, Matthew

Hall Booth Smith Welcomes Two Attorneys to Oklahoma City Office

Hall Booth Smith is proud to welcome Associates Alejandra Gutierrez and Kristin Siegel to the Oklahoma City office.  “We are thrilled to have such talented and enthusiastic attorneys such as Alejandra and Kristin join the team,” said Michael Heron, managing partner of the Oklahoma City office. Alejandra focuses her practice on correctional health care, dental,

HBS Expands New Jersey Presence with Additions of Danielle Hughes and Raymond Hunter as Of Counsel in Red Bank Office

Hall Booth Smith, P.C. is excited to welcome Danielle Hughes and Raymond (Ray) Hunter as of counsel in the firm’s Red Bank, NJ office. These additions follow the addition of Julia Klein in Red Bank earlier this year and mark the firm’s continued growth in New Jersey with 22 attorneys across its offices statewide. “We

Decrypting “Crypto” in Arkansas’s Regulatory Landscape

Over the past decade, cryptomining—born of exponential advances in computing power and the market’s demand for a secure, decentralized currency—rapidly evolved from a niche Silicon Valley venture into a global, capital-intensive industry disrupting energy markets, regulatory frameworks, and local economies alike. In Arkansas, the rise of digital asset mining has triggered a legislative whiplash: first a red-carpet welcome, then a regulatory crackdown.

HBS Nashville Welcomes New Attorney Kaley Bonett

The Nashville office of Hall Booth Smith is pleased to announce that Kaley Bonett has joined the firm as an associate. She will focus her practice on entertainment law, intellectual property, and insurance litigation. “We are excited to welcome Kaley to our office. Her diverse experience and understanding in the entertainment industry will be a

Attorney Ryan Kriske Joins HBS in West Palm Beach

The West Palm Beach office of Hall Booth Smith is pleased to announce that Ryan Kriske has joined the firm as an associate. He will be focusing his practice on medical malpractice, aging services, general liability, and premises liability matters. “We’re thrilled to have Ryan join our team and know he will enhance our services

HBS Atlanta Adds Partner Dana Woodall & Of Counsel Al Tailor

Hall Booth Smith, P.C. is excited to welcome Dana Woodall as partner and Alpesh (Al) Tailor as of counsel, both joining in the firm’s Atlanta office.

HBS Brunswick Adds Of Counsel Ryan Scates

Hall Booth Smith, P.C. is pleased to welcome Ryan Scates as Of Counsel in our Brunswick office.

Attorney Noelle Demeny Joins HBS Raleigh

HBS Raleigh is excited to welcome new associate Noelle K. Demeny to its growing team

Site Selection: Satterfield on Kemp’s Tort Reform Law

In an article published in Site Selection’s May edition, Partner Wayne Satterfield provided insights on the landmark tort reform bill passed in Georgia.

Attorney M. Shanter Chaparro Honored as 2025 South Carolina Rising Star

HBS is proud to announce Attorney M. Shanter Chaparro has been recognized on the Super Lawyers 2025 South Carolina Rising Stars List for his experience in Construction Litigation matters.

The AI Journal: Richard Sheinis on AI Governance & Ethics in the EU & USA

In a recent article published in The AI Journal, Charlotte Partner Richard Sheinis discussed the AI regulatory landscape in the EU in comparison to the U.S.

McKnights: Drew Graham on Confronting Antibiotic Challenges for Long-Term Care Facilities

In a recent article published by McKnight’s Long-Term Care News, Partner Drew Graham, chair of Hall Booth Smith’s Aging Services practice, interviewed Dr. Morgan Katz, director of antimicrobial stewardship at Johns Hopkins Bayview Medical Center in Baltimore, for her thoughts on the negative ramifications of improper use of antibiotics.

UK’s Request for Apple Backdoor Conflicts with CLOUD Act

Sovereignty, Cybersecurity, and Public Safety Collide: Will the UK back off its demand for Apple Cloud backdoor?

HR.com: Abtin Mehdizadegan on 2025 Trends in Employment Law

In a recent HR.com article, Partner Abtin Mehdizadegan explored the five of the most consequential developments expected to shape employment law in 2025.

HBS Honored in Tampa Bay Business Journal’s 2025 Best Places to Work

HBS Tampa has been honored in the Tampa Bay Business Journal’s 2025 Best Places to Work list.

California Privacy Agency’s First Enforcement Action Against Honda

On March 12, 2025, the California Privacy Protection Agency (“Agency”) announced a settlement with American Honda Motor Company, marking the Agency’s first enforcement under the California Consumer Privacy Act (“CCPA” or “Act). The settlement required the auto company to change its business practices and pay a $632,500 fine to resolve allegations of CCPA violations.

HBS Nashville Welcomes Attorney Mallory P. Broberg

HBS is excited to welcome Attorney Mallory P. Broberg to the Nashville office. Mallory practices in aging services, business litigation, general liability, intellectual property, medical malpractice, and premises liability matters.

HBS Denver Attorneys Recognized in 2025 Colorado Super Lawyers & Rising Stars

Hall Booth Smith proudly congratulates Denver Partner Bradley N. Shefrin and Attorney Rodrigo Lugo on being recognized in the 2025 Colorado Super Lawyers and Rising Stars list.

HBS Paramus Partner Harry D. Norton, Jr. Honored as 2025 New Jersey Super Lawyer

Hall Booth Smith is pleased to share that Paramus Partner Harry D. Norton, Jr. has been named to the 2025 New Jersey Super Lawyers list.

Where Does AI Go After The EU AI Summit?

President Trump sent the clear message that the U.S. will not stifle AI innovation with regulatory roadblocks. Vice President Vance carried this message to the EU AI Summit in Paris in February. The message was received loud and clear by the leaders in attendance.   The EU seemed to be leading the world into a

HHS Imposes a $1.5 million Civil Penalty Against Warby Parker

On February 20, 2025, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR) imposed a $1.5 million civil money penalty on Warby Parker, Inc., for violating provisions of the HIPAA Security Rule.   The investigation began in December 2018, following a breach report filed by the manufacturing and

Longtime Firm Leader Nina Tickaradze Named to Chief Operating Officer of Hall Booth Smith

Hall Booth Smith, P.C. (HBS) is pleased to announce that longtime leader Nina Tickaradze has been named Chief Operating Officer to oversee the firm’s daily business and administrative operations

HBS Attorneys Recognized in 2025 Georgia Super Lawyers & Rising Stars Lists

HBS is excited to announce that nine attorneys have been recognized on the 2025 Georgia Super Lawyers & Rising Stars list

Attorney William J. Ogles Joins HBS Little Rock

Hall Booth Smith is pleased to welcome Attorney William J. Ogles to its Little Rock office.

Florida Court Clarifies When a Workers’ Compensation Carrier’s Subrogation Lien Should be Calculated Following a Third-Party Settlement

In the recent case of Liberty Mutual Insurance Company v. Robert A. Lee, et al., Case No.: 6D2023-2377, the Florida Court of Appeals ruled that a workers’ compensation carrier’s subrogation lien should be calculated following a third-party settlement on the date of equitable distribution rather than the actual date of the third-party settlement.

South Korea Passes AI Law

On December 26, 2024, South Korea made history by becoming the second country in the world to pass a comprehensive regulation governing artificial intelligence (“AI”).

Litigators Lounge: The Rapidly-Evolving Landscape of Employment Law in 2025

In this episode of Litigators Lounge, hosts Jackie Voronov & Shylie Bannon discuss the major shifts in employment law for 2025.

Deregulated and Decentralized AI: ChatGPT Gov & DeepSeek

With the recent revocation of former President Biden’s Executive Order 14110, President Trump has reshaped the U.S. government’s approach to AI regulation, raising critical concerns about innovation, privacy, and data security as new AI technologies come into play in the public and private sector.

FTC Finalizes Rule to Amend the Children’s Online Privacy Protection Act (COPPA)

On January 16, 2025, the FTC announced a Final Rule amending COPPA, related to the collection, use, and disclosure of personal information about children under the age of 13.

HBS Attorneys Selected as 2025 North Carolina Super Lawyers and Rising Stars

HBS is proud to announce five attorneys have been recognized on the 2025 North Carolina Super Lawyers & Rising Stars list.

New CMS Guidance Restricts Third-Party Guarantee Regarding Nursing Facility Payment

On November 18, 2024, the Centers for Medicare & Medicaid Services (CMS) issued new guidance related to the prohibition against admission agreements containing language requesting or requiring a third-party guarantee of payment.

HBS Columbus Welcomes Attorneys Dylan Patel & Taylor Roos

HBS is pleased to welcome Associates Dylan J. Patel and Taylor A. Roos to its Columbus office.

HBS Atlanta Adds Three Attorneys

Hall Booth Smith, P.C. is thrilled to announce the addition of three attorneys to its Atlanta office. The firm welcomes Mary Scarlett, Danny Muhanna, and Ahamefula Nwosu to their legal team.

A Georgia Court of Appeals Decision on Justifiable Refusal of Light Duty Based on COVID-19 Concerns

Attorney Daniel Richardson dives into the latest on Taylor v. Argos, USA. The central issue was whether the employee should have been awarded TTD benefits when he refused to return to work in a light-duty capacity, and his refusal to return was due to his underlying health issues during the COVID-19 pandemic.

Attorney Chris Manning Joins HBS Charleston

The Charleston office of Hall Booth Smith is pleased to announce that Christopher William “Chris” Manning has joined the firm as an associate

The HBS Memphis Office Adds New Associate

The HBS Memphis office is excited to announce Elizabeth Hunt as a new associate in its office.

Attorney Ellen Bloom Joins HBS New York

Hall Booth Smith New York City is excited to welcome Attorney Ellen Bloom, where she practices in aging services, labor & employment, medical malpractice, and general liability law.

New Addition to the HBS Red Bank, NJ Office

Hall Booth Smith is pleased to welcome Julia Klein to our Red Bank, NJ office, who practices in arbitration and mediation, construction, and general liability law

Attorneys Kendall Smith and Connor Wiseman Join HBS Charlotte

Hall Booth Smith Charlotte is excited to welcome Attorneys Kendall M. Smith and Connor Wiseman to its office.

The HBS Charleston Office Adds Three Attorneys to Its Team

Hall Booth Smith’s Charleston office is excited to welcome the additions of three associates, Autumn Duncan, Anna W. Evans, and Jonathan Oravic.

Hall Booth Smith Little Rock Office Grows With the Addition of Two Associates

The HBS Little Rock office continues to grow with the addition of two new associates, Benjamin Davis and Robert Stodola.

HBS Nashville Adds Attorneys Ethan Rudnicki & Teryn Williams

The Nashville office of Hall Booth Smith is excited to welcome two associates to the team, Ethan A. Rudnicki and Teryn E. Williams.

Two Attorneys to Join the HBS Asheville Office

The HBS Asheville office is growing with the addition of two new attorneys, Alejandro Jose “Alex” Calderon and Michael R. Cline.

Kehinde Winful Joins the Denver Office of Hall Booth Smith

Our Denver team is excited to welcome Kehinde Winful to the Denver office as an associate.

The Treasury’s AI Report: Challenges, Opportunities, and a Path Forward

The United States Department of the Treasury recently released its 36-page Report on the Uses, Opportunities, and Risks of Artificial Intelligence in the Financial Services Sector. This timely document provides a macro-level synthesis of feedback from financial industry stakeholders, offering insights into generative AI’s transformative potential and challenges.

New State Data Privacy Laws for 2025

As we roll into 2025, the parade of new state data privacy laws continues. The states with data privacy laws going into effect in 2025 are Delaware, Iowa, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Tennessee.

HIPAA 2024 and Beyond: What Healthcare Leaders Need to Know Now

Is your healthcare organization ready for the most significant HIPAA overhaul in years? From reproductive health privacy to cybersecurity requirements, here’s your roadmap to navigating the upcoming changes that will reshape healthcare data protection.

J. Dylan Uhrig Joins Hall Booth Smith’s Jacksonville Office

Hall Booth Smith is proud to welcome Dylan Uhrig as an associate to the Jacksonville office.

Daily Business Review: Stephanie Rodriquez on her Second Year of Practice in Review

Miami Attorney Stephanie Rodriguez authored an article recently published by the Daily Business Review, reflecting on the lessons learned in her second year as a practicing attorney.

HR Daily Advisor: Abtin Mehdizadegan & Joseph Kraska on Navigating the DOL Rule Struck Down by a Texas Court Under the FLSA

Abtin Mehdizadegan and Joseph Kraska guide employers in HR Daily Advisor on navigating the DOL rule struck down by a Texas court under the FLSA.

Everything Employers Need to Know About the New Paid Prenatal Leave Law in New York

The first of its kind, a paid prenatal leave law, is here, and while it’s great news for soon-to-be parents, it comes with responsibilities employers will want to get right. In this article, we break down all the must-know details, so you’re prepared to support your team and stay compliant.

HBS Birmingham Adds Associates Drake Rippy & Cameron McCormack

The Birmingham office is excited to welcome Drake Rippy and Cameron McCormack to the Hall Booth Smith team.

Hall Booth Smith Welcomes Five Associates to the Atlanta Office

The Atlanta Office of Hall Booth Smith (HBS) is excited to welcome five new associates to our growing office.

WorkersCompensation.com: Meg Donahue on Brailey v. Michelin North America

In a third article of a series published on WorkersCompensation.com, HBS Partner Margaret “Meg” Donahue provides South Carolina case law updates related to workers’ compensation

New Ninth Circuit Ruling Clarifies Insurance Carrier Obligations for Independent Counsel in Non-Cumis Jurisdictions

On November 25, 2024, the Ninth Circuit Court of Appeals issued its decision in the case of New York Marine and General Insurance Company v. Amber Heard and carriers may need to take a second look at their obligation to pay for Independent (or “Cumis”) counsel when the underlying litigation is filed in a state that does not require it.

HBS Buffalo Adds Associate Ian H. Hoock

Hall Booth Smith Buffalo is excited to welcome Attorney Ian H. Hoock, who focuses on aging services and medical malpractice matters.

Federal Court Blocks Controversial Corporate Transparency Act

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a landmark decision enjoining the enforcement of the Corporate Transparency Act (CTA). In Texas Top Cop Shop, Inc. et al. v. Garland et al., the court held that the CTA, which requires extensive disclosure of beneficial ownership information, likely exceeds Congress’s constitutional authority. The ruling prevents implementation of the Act and its accompanying regulations nationwide, and corporate finance teams that were feverishly working to meet the January 1, 2025 compliance date can enjoy a moment of respite.

Two Attorneys Join the West Palm Beach HBS Office

Hall Booth Smith is proud to welcome Of Counsel Priscilla M. Jacob and Associate Taylor E. Young to the West Palm Beach office

South Carolina Workers’ Compensation Case Law Update Series, Part III: Brailey v. Michelin North America

The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending workers compensation claims. This series discusses the rulings and how employers and carriers should be mindful of this precedent going forward.

Red Solo Cup

In Simmons et al. v. Solo Cup Operating Corporation, the Georgia Court of Appeals recently issued an opinion in a case involving a wrongful death claim that highlights critical questions about employer responsibilities and safety protocols.

Chris Stevens Joins as Of Counsel in the Little Rock Office

Hall Booth Smith’s Little Rock office continues to serve its clients by bringing on Of Counsel Chris Stevens.

Tate Roush Joins the Oklahoma Office of Hall Booth Smith

The HBS Oklahoma office welcomes Tate Roush as an associate, who will focus his practice in medical malpractice, correctional healthcare, and general liability defense.

HBS Paramus Adds Two New Associates

The Hall Booth Smith Paramus office is proud to grow its office with the addition of Attorneys Diana E. Soriano and Ally M. Winter.

Artificial Intelligence: A Year in Review

In 2024, AI legislation proliferated as countries across the globe took significant steps to balance the opportunities AI presents with the risks it poses. From privacy concerns to ethical considerations and economic implications, the regulatory framework for AI becomes more nuanced by the day, aiming to ensure that AI is developed and used responsibly.

The Future of Privacy and AI Under a New Administration

In just over one month, the Republican party will control the Senate and House of Representatives, not to mention the Oval Office. How will this affect the future of Privacy and AI Legislation?

Navigating Australia’s New Privacy Guidelines on Tracking Pixels: What Your Business Needs to Know

Read about how a pivotal move that signals increased scrutiny of digital marketing practices, the Office of the Australian Information Commissioner (OAIC) released comprehensive guidance on November 4, 2024, addressing tracking pixels and associated privacy obligations. For businesses operating in Australia and leveraging tracking pixels as part of their digital strategies, this development brings both clarity and new compliance challenges, underscoring the need for compliance with the Australian Privacy Act (Privacy Act).

HBS Augusta Welcomes New Attorney Jacob Wilson

HBS Augusta is proud to welcome Attorney Jacob C. Wilson, who practices in in medical malpractice, general liability, correctional health care, health care, and premises liability matters.

Carrier Management: John Hall on Connecting Insurers & Promoting Plaintiff-Style Solidarity

In a recent article for the Carrier Management magazine, Partner John E. Hall discusses aberration verdicts, talent crisis facing the defense bar, and more.

HBS Tampa Welcomes Attorney Saili Hernandez

Hall Booth Smith’s Tampa office has welcomed Saili Hernandez as an associate who practices in general liability matters.

The HBS Rogers Office Adds Three Attorneys to Its Team

Hall Booth Smith’s Rogers, AR office is excited to welcome the additions of three associates, Bethany A. Michau, Rylie M. Slone, and Travis R. Linn.

CMS Final Rule Increasing Minimum Staffing Standards in Nursing Homes Challenged in Texas, Iowa Federal Courts

In response to and in an effort to block the expanded staffing requirements, the Attorney General of Texas filed suit in the United States District Court for the Northern District of Texas, and recently, twenty state Attorney Generals filed suit in the U.S. District Court for the Northern District of Iowa.

Federal Court Blocks Controversial New U.S. Department of Labor Rule Requiring Substantial Increases in Exempt Employees’ Salaries

On November 15, 2024, in a significant ruling that will impact employers across the nation, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor's (DOL) new rule that would have required employers to increase the salary-basis threshold under the Fair Labor Standards Act (FLSA). In light of

Hall Booth Smith Adds Two Associates to the Brunswick Office

The Brunswick office of Hall Booth Smith is excited to welcome Associates Baxter Ray and Felix Kloc to their office.

HBS Attorneys Recognized in 2024 Mid-South Super Lawyers Awards

HBS has been recognized for its outstanding legal work as 10 of its attorneys are selected to the 2024 Mid-South Super Lawyers and Rising Stars lists.

HBS Recognized on the 2024 Best Places to Work: Law Firms by Best Companies Group

Hall Booth Smith has been named by Best Companies Group as one of its 2024 Best Places to Work: Law Firms.

HBS Denver Welcomes Attorney Jaime Greenwood

Hall Booth Smith Denver is excited to welcome Attorney Jaime Greenwood, who focuses her practice on general liability, insurance coverage, construction, premises liability, medical malpractice, and automobile and trucking accident litigation.

Daily Business Review: Stephanie Rodriguez on Newly Barred Attorneys

Miami attorney Stephanie Rodriguez authored an article published by the Daily Business Review on November 6, 2024, offering advice for newly barred attorneys on next steps.

HBS Recognized for the Fifteenth Year in the 2025 Edition of Best Law Firms®

Hall Booth Smith is pleased to announce its inclusion in the 2025 edition of Best Law Firms® for the fifteenth consecutive year, earning a Tier 3 national ranking in two practice areas, Tier 2 national ranking in two practice areas, and 62 metropolitan rankings across various offices.

Breakdown of Microsoft’s Digital Defense Report 2024

Microsoft’s latest Digital Defense Report 2024 provides insights into the evolving global cybersecurity landscape and the role of artificial intelligence. This report is critical as Microsoft has a tremendous global vantage point that allows others to gain visibility into the attack activity it sees.

Client Advisory | Tips for Preserving Attorney-Client Privilege During Cybersecurity Incidents

Attorney Jade Davis shares tips for Preserving Attorney-Client Privilege During Cybersecurity Incidents.

China Passes New Regulations on Network Data Security Management

Attorney Richard Sheinis discusses China’s long awaited “Network Data Security Management Regulations.”

U.K. Government Introduces Data Use and Access Bill

Attorney Lea McBryde discusses the U.K. Government’s Data Use and Access Bill.

HBS Atlanta Welcomes Two New Attorneys, Laura DeMartini & Nate Chong

The Atlanta office is excited to welcome Of Counsel Laura DeMartini and Associate D. Nathan “Nate” Chong.

Apple Intelligence is Here: Should Businesses Be Concerned?

Apple Intelligence was launched on Monday, October 28, and is available on any iPhone 16 and iPhone 15 Pro that is updated to iOS 18.1. It is also available on certain models of iPads and Macs. As a lawyer advising companies on AI governance, I am always checking to see how new AI products might

Liability Lawyer Raphael Ogbonna-Amu Joins HBS Jacksonville

Hall Booth Smith Jacksonville is excited to welcome liability lawyer Raphael Ogbonna-Amu.

Birmingham Office Welcomes Health Care Attorney Dylan Angeline

Hall Booth Smith’s Birmingham office has welcomed Dylan Angeline as an associate who brings a wealth of health care and general litigation experience to the team.

HBS Attorneys Selected to the 2024 Oklahoma Super Lawyers and Rising Stars List

HBS is proud to announce that Partners Shawn Arnold and Chance Holland have been recognized on the 2024 Oklahoma Super Lawyers and Rising Stars list.

HBS Partner Jeffrey T. Wolber Recognized on 2024 New York Metro Rising Stars List

HBS is proud to announce Partner Jeffrey T. Wolber has been recognized on the Super Lawyers 2024 New York Metro Rising Stars list for his experience in Health Care matters.

Attorney Alivia Olinger Joins the HBS Tampa Office

The Hall Booth Smith Tampa office is excited to grow with the addition of Associate Alivia M. Olinger. Alivia will practice in the areas of health care, insurance coverage, medical malpractice, premises liability, along with arbitration and mediation.

Illinois AI Law For Employers

Partner Richard Sheinis discusses the details behind Illinois’ new law, which regulates the use of AI for employers.

Understanding Malaysia’s 2024 Data Privacy Reform: Essential Insights for Business Leaders

Attorney Savannah Liner Avera discusses the recent passing of Malaysia’s Personal Data Protection (Amendment) Bill on July 31, 2024, bringing significant changes to the PDPA 2010.

NIST’s AI Guidance & Toolkits for U.S. Companies

Attorney Jade Davis discusses the frameworks and profiles released by the National Institute of Standards and Technology (NIST) to help companies manage the opportunities and risks posed by AI.

HBS Paramus Welcomes Two Attorneys

HBS Paramus is excited to announce the addition of Associates Fred P. Mason III and Justyn M. Coddington to our growing team.

HBS Welcomes Robert T.J. McLaren as Attorney in Tampa Office

HBS is pleased to announce the addition of Robert T.J. McLaren as an associate attorney in our Tampa office.

HBS Asheville Welcomes Partner Lucie Peoples

HBS Asheville is delighted to welcome Lucie Peoples, a distinguished Partner specializing in aging services and health care, to its office.

South Carolina Workers’ Compensation Case Law Update Series, Part II: Contreas v. St. John’s Fire District Commission

The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending workers compensation claims. In this series, I’ll discuss the rulings and how Employers and Carriers should be mindful of this precedent going forward.

Chain Store Age: Jade Davis on Consumer Data Privacy Laws

Jade Davis authored an article in Chain Store Age discussing the current state of data privacy regulation, specifically sensitive health and biometric data.

South Carolina Workers’ Compensation Case Law Update Series, Part I: Brooks v. Benore Logistics Systems, Inc.

The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending workers compensation claims. In this series, I’ll discuss the rulings and how Employers and Carriers should be mindful of this precedent going forward.

Global Data Legislation & Fine Updates: Summer 2024

Background In August 2024, global data privacy saw major shifts with new cross-border agreements like the EU-Japan EPA, Brazil's landmark injunction on WhatsApp, a sizeable fine against Uber, and China's identity authentication measures. Sector-specific protections tightened, especially for children's privacy in the U.K. and facial recognition in Denmark, while formal guidance from Brazil and India

AI Statutory Update

Background As we move toward the end of 2024, it seems the time is right for an update of AI statutory developments so far this year.  While the EU has once again set the standard with the EU AI Act, the 30,000-foot view in the U.S. is that while there is a lot of talk

Children’s Privacy on the Frontline: Legal Battles and Regulatory Updates Across the U.S.

Partner Jade Davis dives into key developments surrounding children’s online privacy, including the California Age-Appropriate Design Code Act and the DOJ/FTC case against TikTok.

Daily Business Review: Stephanie Rodriguez on the ‘Game of Clerks’

Miami Attorney Stephanie Rodriguez authored an article in the Daily Business Review offering advice for law students entering practice for the first time, comparing it to the pursuit of the Iron Throne in the Game of Thrones franchise.

PrivacyCafé: The Becerra Case – Implications for Tracking Technologies & HIPAA

The hosts review the background and significance of the Becerra case, which challenges the HHS guidance on the usage of tracking technologies by medical providers.

Hall Booth Smith Expands into Long Island to Further Serve Clients

HBS is pleased to announce the opening of its newest office in Long Island, New York, with the addition of five attorneys and their staff members from Montfort, Healy, McGuire & Salley LLP.

DOL’s Protection for Farmworkers Rule Temporarily Enjoined

Background and Overview On August 26, 2024, a federal court in Georgia issued a ruling enjoining the U.S. Department of Labor (DOL) regarding its implementation of the rule Improving Protections for Workers in Temporary Agricultural Employment in the United States (“Final Rule”). The case is styled as State of Kansas, et al., v. United States

DHS Introduces New Measures to Support Noncitizen Spouses of U.S. Citizens

ALERT UPDATE ON ORIGINAL ARTICLE: On November 7, 2024, the United States District Court for the Eastern District of Texas in State of Texas v. Department of Homeland Security, Case Number 24-cv-306 (E.D.T.X. Nov. 7, 2024) issued a final judgment vacating the Keeping Families Together (KFT) parole process. Effective immediately, all pending Form I-131F applications will not

PrivacyCafé: Big Brother at the Olympics – France’s New AI Surveillance Law

The hosts discuss France’s new data privacy law permitting AI video surveillance for the Paris Olympics and its implications.

HBS Charleston Receives 2024 Best Places to Work in South Carolina Award

HBS Charleston was recently named as one of the 2024 Best Places to Work in South Carolina by Best Companies Group.

Litigators Lounge: Supreme Shakeup – What Overruling the Chevron Doctrine Means

The hosts dive into the recent Supreme Court decision to reject the Chevron doctrine, which had previously given federal agencies deference in interpreting ambiguities in statutes.

33 HBS Attorneys Named to 2025 Best Lawyers: Ones to Watch® in America

HBS is excited to announce that 33 lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch® in America.

58 HBS Attorneys Recognized as The Best Lawyers in America® Award Recipients

Hall Booth Smith, P.C. is pleased to announce that 58 lawyers have been included in the 2025 edition of The Best Lawyers in America®

Ready or Not, Here Comes the EU AI Act

We have been writing about the EU AI Act for several months, and with its August 1 arrival the countdown begins for the effective dates of its various provisions.

KOSA & COPPA 2.0: Update on Youth Privacy in the U.S.

Learn more about recent updates to the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0).

Meta to Pay Record $1.4 Billion for Unauthorized Use of Biometric Data

On July 30, 2024, Texas Attorney General Ken Paxton reached a record $1.4 billion deal to settle claims against Meta…

Inside Medical Liability: Tomlinson & Lugo on the Dobbs Decision & Abortion Law Landscape

Attorneys Teresa Pike Tomlinson and Rodrigo Lugo published an article reviewing the recent Dobbs Decision and its consequences on the abortion law landscape.

HIPAA Privacy Rule Changes 2024: Personal Representatives & Reproductive Healthcare

By December 23, 2024, all entities regulated under the HIPAA Privacy Rule must comply with the latest amendments, which provide enhanced protections for reproductive health information and more.

HBS Tifton Welcomes Attorney Kenyatta M. Thorpe

Hall Booth Smith welcomes Attorney Kenyatta M. Thorpe to its Tifton office, where she practices in general liability and insurance coverage law.

Attorney Will Barillas Joins HBS Atlanta

Hall Booth Smith Atlanta welcomes Attorney Will Barillas to the firm who focuses his practice on general liability, premises liability, and transportation matters.

HBS Charleston Attorneys Recognized as 2024 Legal Elite by Charleston Business Magazine

HBS is proud to announce five Charleston office attorneys were recognized among Charleston Business Magazine’s 2024 Legal Elite.

HR.com: Misty Wilson Borkowski on the New Farmworker Protection Rule

In a recent HR.com article, Little Rock Partner Misty Wilson Borkowski discusses the new Farmworker Protection Rule by the U.S. Department of Labor.

Six Hall Booth Smith Attorneys Promoted to Partner

Hall Booth Smith is proud to announce the promotion of Attorneys Jacob O’Neal, Courtney Broussard Walker, J.D. Easley, Jeremy J. Balu, Kyler Garmen, and Jenny Swajkoski to the position of partner.

HBS Jacksonville Welcomes Attorney Stacey L. Bostick

Hall Booth Smith Jacksonville is proud to announce Attorney Stacey L. Bostick, who focuses her practice in construction, general liability, premises liability, and professional malpractice and ethics matters.

Health Care Partner Lauren Spears Gresh Returns to HBS Charleston

Hall Booth Smith is proud to welcome the return of Partner Lauren Spears Gresh to its Charleston office, who was previously with the firm for 10 years.

Malaysian Data Protection Law Proposed Amendments Move the Law to Align More Closely with International Standards

Learn more about the July 10 passing by the Malaysian Parliament of a bill to amend its Personal Data Protection law and what it may mean for businesses.

PrivacyCafé: The CrowdStrike Incident – Analysis & Takeaways

The hosts discuss the CrowdStrike outage, including CrowdStrike’s response, potential legal repercussions, and the importance of preparedness in cybersecurity.

HBS Missoula Office Adds Attorneys Molly P. Davis & Renee Cho Harper

Hall Booth Smith Missoula is proud to welcome Attorneys Molly P. Davis and Renee Cho Harper to the firm.

AI-Powered Meeting Tools: Tips, Benefits, & Risks

AI-powered meeting tools have become valuable tools in the construction industry and beyond. But do the benefits outweigh the associated security and privacy risks?

Attorneys Elizabeth Pharr McCullough & Kelsey Heino Join HBS Raleigh

Hall Booth Smith is excited to welcome experienced health care Partner Elizabeth Pharr McCullough and medical malpractice Attorney Kelsey Heino in its Raleigh office.

Hotel Business Review: Jacqueline Voronov on the FTC Rule Banning Non-Compete Agreements

Jacqueline Voronov recently offered insight into the FTC rule banning non-compete agreements in an article for the Hotel Business Review.

HBS Atlanta Welcomes Attorneys Rodney P. Favors, Jr. & Sora Kang

Hall Booth Smith is proud to announce the addition of Attorneys Rodney P. Favors, Jr. and Sora Kang to its Atlanta office.

HBS Atlanta Named to 2024 Best and Brightest Companies to Work For®

HBS Atlanta office has been recognized for the 12th consecutive year by NABR as one of “Atlanta’s Best & Brightest Companies to Work For®” in 2024.

HBS Jacksonville Adds Attorney John Scott

Hall Booth Smith Jacksonville is excited to announce the addition of Attorney John Scott, who focuses his practice on construction, fiduciary litigation, liability, and other matters.

HBS Named to Arkansas Business 2024 Best Places to Work List

The Rogers and Little Rock, Arkansas, Offices of Hall Booth Smith have been recognized on the Best Places to Work in Arkansas 2024 list by Arkansas Business.

Of Counsel Randy J. Lipkien Joins HBS Miami

HBS Miami proudly welcomes experienced Of Counsel Randy J. Lipkien, who focuses his practice in arbitration and mediation, construction, and liability matters.

HBS Welcomes Attorneys Randal B. Frazier & Jacob Oneal Sutter to Little Rock

Hall Booth Smith is pleased to welcome Partner Randal B. “Randy” Frazier and Attorney Jacob Oneal Sutter to its Little Rock office.

HBS Nashville Welcomes Attorney Brandon O. Hawkins

HBS is excited to welcome Attorney Brandon O. Hawkins to the Nashville office, who practices in general liability, trucking and automobile accidents, fire incidents, and other civil matters.

Latest Update on the American Privacy Rights Act

The latest draft of the American Privacy Rights Act (APRA) was released on June 20, 2024, affecting civil rights and algorithmic basis, opt-out rights, and more.

Update on Global Biometric Laws

Biometrics continue to transform how we live, communicate and access life. Here is a snapshot update into biometrics across the globe.

Texas Judge Rules HHS’ Web Tracking Guidance Is Unlawful

A Texas judge has ruled in Am. Hosp. Ass’n v. Becerra that HHS doesn’t have the authority to restrict medical providers’ use of tracking technologies, having major implications on how medical providers can disclose individually identifiable health information.

HBS Charlotte Adds Partner W. Clark Goodman

HBS Charlotte is excited to welcome Partner W. Clark Goodman, an experienced litigation attorney and business advisor with over 25 years of experience.

Tampa Partner Jade Davis Named to 2024 Florida Rising Stars List

Tampa Partner Jade Davis has been recognized on the Super Lawyers 2024 Florida Rising Stars List for her experience in Construction Litigation matters.

HBS Raleigh Welcomes Attorney Chazle’ N. Woodley

HBS Raleigh recently welcomed Associate Chazle’ N. Woodley to it’s office, who will focus on business litigation, medical malpractice, business transactions, and more.

Attorneys Chance Holland & Geremy Rowland Join HBS Oklahoma City

Hall Booth Smith is excited to announce that Partner Chance Holland and Of Counsel Geremy Rowland have joined the growing Oklahoma City office.

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.

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 14095: 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 14095 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

Whose Precedents Count for Qualified Immunity?

Written by: Pearson Cunningham, Esq. On October 18, 2021, the Supreme Court summarily reversed the Ninth Circuit’s denial of qualified immunity to a Union City, California police officer in Rivas-Villegas v. Cortesluna. Many commentators and critics of the qualified immunity defense were a bit surprised. Just last fall, the Court seemed to signal that its

FTC Starts Process to Adopt Privacy Rules

Written by: Richard Sheinis, Esq. In September 2021, Senator Richard Blumenthal and eight other Democratic Senators sent a letter to FTC Chair Lina Kahn requesting that the agency begin a rulemaking process to address data privacy.  Blumenthal and the other Senators stated that consumer privacy had become a consumer crisis with tech companies routinely breaking

Log4j Vulnerability Sweeps the Globe

Written by: Brock Wolf, Esq. Earlier this month, on December 9, 2021, a critical vulnerability was discovered in the Apache Software Foundation’s  (“Apache”) Log4j code, potentially providing threat actors with access to millions of computers and devices worldwide. On December 10, the director of cybersecurity at the National Security Agency (NSA) and the Department of

New EDPB Guidance on International Data Transfers

Written by: Alyssa J. Feliciano, Esq. The European Data Protection Board (“EDPB”) released new guidelines in November to clarify when a processing operation should be classified as an international data transfer based upon Article 3 and Chapter V of the European Union’s (“EU”) General Data Protection Regulation (“GDPR”). The guidelines are intended to create a

“System for Early Resolution in Medical Malpractice Litigation,” Daily Business Review

In a Daily Business Review article, Miami Partner Tullio E. Iacono discusses the voluntary binding medical malpractice arbitration process, which allows damages to be capped when one party voluntarily submits to the process before a lawsuit is filed, whether or not the other side agrees to arbitration: “Once damages are capped, there is less speculation

HBS Welcomes Associate Tanner W. Yancy in Nashville

NASHVILLE, TN –  December 20, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Tanner W. Yancy as an Associate to its growing office in Nashville, Tennessee. Tanner focuses his practice on healthcare litigation, transportation, insurance coverage, intellectual property, and general liability disputes. Prior to joining HBS, Tanner practiced at a regional law

Healthcare Risk Management: Drew Graham on How Circuit Court Decision May Increase COVID Lawsuits

In an article in Healthcare Risk Management, Drew Graham, Partner and leader of the Aging Services practice, explains how a decision from the 3rd Circuit U.S. Court of Appeals holding that nursing homes were not protected by the 2005 Public Readiness and Emergency Preparedness (PREP) Act in the way they thought, may result in long-term

Daily Report: John E. Hall, Jr. on the Significance of Midtown Atlanta’s Location for Law Firms

In an article exploring Atlanta neighborhoods most popular for law firm office locations, John E. Hall, Jr., one of the firm’s founding partners, talks about the attraction for law firms to locate in the Hotel District, the location of the firm’s Atlanta office. In the interview, John says the firm chose to relocate their Atlanta

Law360: Jacque Clarke on How Personnel Files Affect Medical Malpractice Claims

In a Law360 article, Atlanta-based Partner Jacquelyn Smith Clarke provides best practices for health care providers on personnel documentation and discovery requests as part of a sound risk management strategy. In the article, Jacque lays out important considerations for creating best practices, such as thorough and complete background checks, and why policies and procedures are key

New York Law Journal: Graham & Tomlinson on Potential PREP Act Circuit Court Review

In a New York Law Journal article evaluating the application of the Public Readiness and Emergency Preparedness Act (PREP) to claims of health care provider liability related to medical countermeasures against the COVID-19 pandemic, Drew Graham and Teresa Pike Tomlinson, Partners at Hall Booth Smith, explain why the PREP Act may finally get the review

Yonkers City Court Confirms Emergency Vehicle Rule Scope & Burden

Author: Benjamin Youssef Editor: Nicole A. Callahan, Esq. The scope of New York Vehicle and Traffic Law (VTL) §1104 has been reaffirmed in a decision issued by the Honorable Judge Evan Inlaw of Yonkers City Court, who issued a decision in State Farm Fire & Cas. Co. v. City of Yonkers, granting the defendants’ motion

HBS Welcomes Associate Michael A. Dial in Oklahoma City

OKLAHOMA CITY, OK – December 09, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Michael A. Dial to its Oklahoma City office as the firm continues to strengthen its presence in the state of Oklahoma. Mike focuses his practice on medical malpractice defense, health care, aging services and general liability. Prior

“Landmark Decision” in Ohio Finds CVS, Walgreens & Walmart Liable in Opioid Epidemic

Written by: J. Brent Allen, Esq. A federal jury in Cleveland recently found that the actions by pharmacy operators helped fuel the opioid epidemic in Ohio, which a county attorney called a “landmark decision” in the first trial the companies have faced over the drug crisis in America. After deliberating for six days, the jury

Orange County Supreme Court Dismisses Claims of Nursing Home Negligence related to Pressure Ulcers and Fungal Dermatitis without Prejudice under the EDTPA in Crampton v. Garnet Health

Written by: Jeffery T. Wolber, Esq. Judge Bartlett of Orange County Supreme Court granted a partial motion to dismiss under §3211(a)(7) (failure to state a claim) based on the civil immunity provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA). Although this is a trial court decision, its analysis will be helpful for

Part B News: David McLean on Physician Expectations for No Surprises Act Implementation

In a Part B News story on what physician practices can expect at the implementation of the No Surprises Act on January 1, 2021, which seeks to eliminate surprise billing for health care services without prior consent or knowledge by the patient, Atlanta-based Partner David McLean explains what providers can do to prepare. “Providers should

Attention New York Employers: What to Know About New York’s Expanded “Whistleblower” Law

Written by: Joseph A. Keane, Esq. On January 26, 2022, New York’s expanded “whistleblower” law goes into effect.  The amendments to Section 740 of the New York Labor Law will increase the categories of covered workers protected by the statute,  add protected activities that entitle an employee to whistleblower protection, enhance worker protection by broadening

Hall Booth Smith Expands With 25th Office in Rogers, Arkansas

ROGERS, ARKANSAS – Dec. 2, 2021 – Hall Booth Smith, P.C. continues to expand to serve client needs across the country with a new office in Rogers, Arkansas, which marks its 25th location. The Rogers office is located at 5417 W. Pinnacle Pointe Drive, near Bentonville and just a few minutes away from the Northwest

Four HBS Attorneys Included on 2021 Mid-South Super Lawyers and Rising Stars List

In the 2021 edition of the Mid-South Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) has been recognized for its outstanding legal work as four of its attorneys are on the list of Super Lawyers and Rising Stars. Partner David Proctor of the Birmingham office was recognized as a  Mid-South Super Lawyer

HBS Adds Baxter Drennon as Partner in Little Rock, Arkansas

LITTLE ROCK, ARK. – NOV. 29, 2021 – Hall Booth Smith, P.C. is delighted to announce that seasoned trial attorney Baxter D. Drennon is joining the firm as a Partner in the recently opened office in Little Rock, Arkansas. Baxter has more than a decade of legal experience, and he specializes in complex litigation and

Part B News: Richard Sheinis on Rising Costs of Cyber Insurance for Health Care Providers

In a Part B News story looking at the rising cost of cyber insurance for health care providers and companies as ransomware attacks grow, Richard Sheinis, Partner and Leader of Hall Booth Smith’s Data Privacy & Cyber Security Service Area, explains how the market has shifted over time with big payoffs. “Years ago, when a

Hall Booth Smith Adds Associate Seth Killman in Oklahoma City

OKLAHOMA CITY, OK – November 22, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Seth Killman to its Oklahoma City office as the firm continues to strengthen its presence in the state of Oklahoma. Seth protects the rights of clients in aging services and medical malpractice disputes in both state and

HBS Welcomes 12 New Associates in Atlanta Office

ATLANTA – November 18, 2021 – Hall Booth Smith, P.C. (HBS) is delighted to add twelve (12) new associates in its Atlanta headquarters office as the firm expands to better serve clients on medical malpractice, transportation, liability and a wide range of other matters. Fanny Chac focuses her practice on medical malpractice, products liability, and

Settlement Reached Regarding Employment Authorization for eligible H-4, E and L Dependent Spouses

Written by: Ashik R. Jahan, Esq. https://www.forbes.com/sites/stuartanderson/2021/11/11/uscis-settlement-is-good-news-for-l-1-and-h-1b-visa-spouses/?sh=6548859e64ea The American Immigration Lawyers Association (AILA) and its litigation partners entered into a settlement agreement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas.   The agreement provides structural changes for H-4 (dependent spouses of H-1B visa holders) E and L (dependent spouses of E

Ten States Sue To Stop The Cms Vaccine Mandate For Healthcare Workers

Written by: Jacqueline Voronov, Esq. And the legal challenges to President Biden’s vaccine mandate keep on coming…   Missouri, Iowa and a coalition of eight (8) other states have filed a lawsuit against President Joe Biden and key administration officials over the CMS requirement that health care workers must be vaccinated against COVID-19 as a condition

Inside Medical Malpractice Podcast: John Hall Talks about Physician Defense

Founding Partner John E. Hall, Jr. was interviewed on the Inside Medical Malpractice podcast on November 13, 2021, in which he discussed how inflated malpractice verdicts could result in health care crisis and offers his solution for change. He also provides tips to health care providers to mitigate risk in post-COVID-19 litigation and addresses how

Modern Healthcare: Jeffrey Daitz on Factors Impacting Hospital System Employment Negotiations

In a Modern Healthcare article, New Jersey-based Partner and Co-Chair of Hall Booth Smith’s Labor & Employment Service Area Jeffrey M. Daitz explains the factors impacting employment negotiations between hospital systems and their workers. These tensions, which have been made worse by the uncertainties introduced by the COVID-19 pandemic, produce financial hardships for both sides.

Law360: Teresa Pike Tomlinson on PREP Act’s Application in Nursing Home Wrongful Death Suits

In a Law360 article published on November 12, Columbus-Based Partner Teresa Pike Tomlinson commented on whether the Public Readiness and Emergency Preparedness (PREP) Act should apply in wrongful death lawsuits against nursing homes. This follows the 3rd U.S. Circuit Court of Appeals’ decision to allow two cases against nursing home facilities to proceed in state

Modern Healthcare: David McLean on the Implications of Oak Street Health Investigation

In an article published by Modern Healthcare on November 9, 2021, HBS Atlanta-based Partner S. David McLean, Jr. discusses the legal implications of the U.S. Department of Justice’s investigation into primary care provider Oak Street Health for possible violations of the False Claims Act by providing free transportation to federal healthcare beneficiaries, including Medicare patients.

Hall Booth Smith Welcomes S. David McLean, Jr. as Partner in Atlanta

ATLANTA – November 10, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome S. David McLean, Jr. as Partner in its Atlanta office as the firm strengthens its healthcare practice to serve clients. David specializes in health care and medical malpractice litigation and works closely with executive leadership teams to ensure that their

Journal of Emerging Issues in Litigation: Sandra Cianflone on Factors Driving Recent Medical Malpractice Verdicts Higher

In an article published in the Winter 2022 Edition of the Journal of Emerging Issues in Litigation, Attorney Sandra Mekita Cianflone addresses several of the factors that have driven recent medical malpractice verdicts to new, astronomical heights. She discusses the unexpected impact of tort reform, the role of life-career planners and economists in determining damages,

California Continues to Update and Enforce Privacy Laws

Written by: Brock Wolf, Esq. and Alyssa J. Feliciano, Esq. California continues to update its privacy policies. Changes and clarifications are constantly being announced, making it imperative for businesses to stay vigilant in their practices. Notably, the California Privacy Protection Agency subcommittee (the “Agency”), which was created under the California Privacy Rights Act (“CPRA”), proposed

Insights From a County Attorney: The Privilege of Government Service

Written by: Jennifer Dorminey Herzog, Esq. This piece was published in the Fall 2021 edition of Georgia County Government Magazine. I was born and raised in Tift County and after law school returned to my hometown where I am now employed as a partner and shareholder at Hall Booth Smith PC. I focus my practice in

Yet Another Senator Introduces Data Privacy Legislation

Written by: Richard Sheinis, Esq. Last month I wrote about the need for federal data privacy legislation.  Although numerous Senators have introduced such legislation, nothing much seems to happen after the initial introduction.  Adding to the list, Senator Catherine Cortez Masto (D-Nev.) is introducing the Digital Accountability and Transparency to Advance (DATA) Privacy Act.  There

Does a Clerical Error Invalidate the Posted Panel?

Written by: Peter Skaily, Esq. One of the most important aspects of any workers’ compensation claim is control of medical treatment. The employer/insurer will want the claimant to treat with a provider from the panel of physicians. On the other hand, the claimant will want to treat with an off-panel, claimant-friendly physician. A common way

HBS Recognized for the Twelfth Year in the 2022 U.S. News – Best Lawyers® “Best Law Firms” Rankings

For the twelfth year, Hall Booth Smith has been recognized in the U.S. News – Best Lawyers® “Best Law Firms” 2022 regional rankings. The 2022 “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review

Forbes: Mariel Smith on the Impact of OSHA’s Vaccine Rules & Unemployment Benefits

In an update published by Forbes on November 4, 2021, Columbus Partner Mariel Smith discusses how the Occupational Health and Safety Administration’s (OSHA) vaccine rules could impact an employee’s unemployment benefits if they get fired. Subscribers to Forbes.com may read the complete article here.

Get Your Head in the Game: Georgia Court Warns Insurers About the Consequences of Bench-Warming During a Pending Lawsuit Against the Insured

Written by: Tiffany Winks, Esq. and Breanna Vega, Esq. The United States District Court for the Middle District of Georgia, recently decided Barrs v. Auto-Owners. In Barrs, in the underlying suit Barrs brought suit against AAA Contractors (“AAA”), the insured of Auto-Owners, for property damage and delays in deconstructing an old mill because an agent

Potential Liability for SaaS Providers in South Carolina Federal Court Case

Written by: Brock Wolf, Esq. I. Background In early 2020, Blackbaud Inc., a cloud software company based out of Charleston, South Carolina, was subject to a ransomware attack that resulted in the breach of personally identifiable information (“PII”) and protected health information (“PHI”) held in Blackbaud’s network. Blackbaud provides data collection and maintenance services to

HBS Welcomes Associate Lindsay A. Nishan in Charleston

CHARLESTON, S.C.– November 5, 2021 – Hall Booth Smith, P.C. (HBS) is delighted to welcome Lindsay A. Nishan as an Associate to its growing office in Charleston, South Carolina. Lindsay concentrates her practice on dental, medical malpractice and health care litigation defense. She also represents clients in professional malpractice and ethics matters. Prior to joining

Hall Booth Smith Adds Associate Brock Wolf in Charlotte

CHARLOTTE, NC – November 4, 2021 – Hall Booth Smith, P.C. (HBS) has added Associate Brock Wolf as its office in Charlotte, North Carolina continues to expand. Brock focuses his practice on medical malpractice defense, data privacy and cyber security, and general liability litigation. Brock was previously a law clerk and a summer associate at

Saudi Arabia Passes Personal Data Protection Law

Written by: Brett Lawrence, Esq. On September 16, 2021 by Royal Decree, Saudi Arabia implemented the Personal Data Protection Law (“PDPL”). The PDPL becomes effective on March 23, 2022 and will be enforced by the Saudi Data and Artificial Intelligence Authority (“SDAIA”). Regulated businesses have until March 23, 2023 before the PDPL is enforced. We

Part B News: Richard Sheinis on Potential Health Care Provider OFAC Sanctions

In an article published by Part B News on November 1, 2021, Hall Booth Smith Charlotte-based Partner Richard Sheinis discusses the potential sanctions health care providers can incur by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) if they pay a sanctioned international criminal actor as part of a ransomware attack.

Law.com: Drew Graham on How Future COVID-19 Cases Against Providers Will Be Handled

In an article published by Law.com on November 2, 2021, Drew Graham, Hall Booth Smith Partner and Leader of the firm’s Aging Services and Long-Term Care practices, discusses the recent ruling by the 3rd U.S. Circuit Court of Appeals against two nursing homes, and the case’s impact on how future COVID-19 cases brought against all

MSA Responsibilities and the MSPA, 2021

Written by: Meredith Knight, Esq. Famously, the Medicare Secondary Payer Act has not changed significantly in decades.  It is clearly understood that the MSPA prohibits Medicare from making payments that are the responsibility of a primary payer.  Such primary payers include workers’ compensation plans.  Workers’ compensation employers/insurers have a duty to consider Medicare’s interests as

The Uncertain Future of Non-Competes After President Biden’s July 2021 Executive Order

Written by: Allison Averbuch, Esq. and Baylee Culverhouse, Esq. In July 2021, President Biden issued a comprehensive Executive Order to tackle “the most pressing competition problems” facing the country’s economy.[1] The Order includes 72 initiatives aimed at promoting competition—one of which encourages the Chair of the Federal Trade Commission (FTC) “to exercise the FTC’s statutory

HBS Welcomes Three Attorneys in Georgia

BRUNSWICK, COLUMBUS and TIFTON, GA – October 27, 2021 – Hall Booth Smith, P.C. (HBS) is excited to welcome three attorneys in the state of Georgia: J. Keith Pollette, Rebekah Maddox Ditto and Roger C. Grantham, Jr. Keith Pollette joins as Of Counsel in Brunswick where he focuses his practice on business litigation, construction, transportation

Modern Healthcare: Drew Graham on Impact of 3rd Circuit Ruling on Future PREP Act Coverage

In an article published by Modern Healthcare on October 25, 2021, Drew Graham, Hall Booth Smith Partner and Leader of the firm’s Aging Services and Long-Term Care practices, discusses the recent ruling by the 3rd U.S. Circuit Court of Appeals against two nursing homes, and the case’s impact on how future COVID-19 cases brought against

Healthcare Risk Management: Adam Peoples on the Use of Hospital Surveillance Video in Medical Malpractice Claims

Asheville Partner Adam Peoples was quoted in an October 19, 2021, article in Healthcare Risk Management discussing the use of hospital surveillance video as evidence in medical malpractice claims. Surveillance video can be useful to either the plaintiff or defendant – or even both, depending on the circumstances, Adam told the publication. Discussing a case

McKnight’s Long-Term Care News: Drew Graham on Consequences of Third Circuit Decision Regarding NJ Nursing Homes

In an article published in McKnights Long-Term Care News on October 22, 2021, Drew Graham, Hall Booth Smith Partner and Leader of the firm’s Aging Services and Long-Term Care practices, is extensively quoted discussing this week’s U.S. Court of Appeals for the Third Circuit decision that two New Jersey nursing homes could be sued in

Hall Booth Smith Adds Haigler in Jacksonville and Myers in West Palm Beach

JACKSONVILLE and WEST PALM BEACH, FL – October 21, 2021 – Hall Booth Smith, P.C. (HBS) welcomes two new Associates to its offices in Florida as the firm expands to serve client needs in the Sunshine State and beyond. Michael R. Haigler is an Associate in Jacksonville where he focuses his practice on the representation

Of Counsel Danielle Dudai Quoted in Business Insider Article Discussing the Legal Pitfalls of Content Creators Promoting Cryptocurrencies

West Palm Beach Of Counsel Danielle Dudai has been quoted in a Business Insider article regarding content creators “shilling” or promoting cryptocurrencies and the potential legal pitfalls and consequences. “While the SEC hasn’t made headlines for widespread crackdowns on celebrities and influencers, it doesn’t mean the regulators aren’t keeping a watch, and maybe even a

Third Circuit Court of Appeals Renders Jurisdictional Opinion on PREP Act in COVID-19 Case Involving Nursing Home

Written by: Sandra Mekita Cianflone, Esq. On October 20, 2021, the Third Circuit Court of Appeals issued their ruling in Maglioli v. Alliance HC Holdings LLC, Nos. 20-2833, relative to federal jurisdiction under the PREP Act. Maglioli is one of the first COVID-19 nursing home cases filed in 2020. The estates claim negligence and wrongful

HBS Hires Associate Jesse Tolentino in Woodland Park, NJ

WOODLAND PARK, NJ – October 15, 2021 – Hall Booth Smith, P.C. (HBS) is happy to welcome Associate Jesse Tolentino to its Woodland Park office as the firm continues to strengthen its insurance and liability defense practices. Jesse Tolentino focuses his practice on the defense of municipalities and other government bodies in liability and other

Can’t Congress Pass a Law for Data Privacy?

Written by: Richard Sheinis, Esq. The U.S. is lagging further and further behind the rest of the world when it comes to the privacy of personal data.  The EU’s General Data Protection Regulation (GDPR), which became effective in 2018, has become the “gold standard” for data privacy.  Many countries have used the GDPR as the model

Proposed Ransom Disclosure Act

Written by: Alyssa Feliciano, Esq. Representative Deborah Ross [D] and Senator Elizabeth Warren [D] proposed the Ransom Disclosure Act (“RSA”), to provide DHS with information regarding ransomware attacks and subsequent payments that are made by covered entities.  The goal of the RSA, according to Rep. Ross and Sen. Warren, is to provide DHS with data

California Privacy Update

Written by: Brett Lawrence, Esq. 1. California’s Genetic Information Privacy Act On October 6, 2021, California passed the Genetic Information Privacy Act (“GIPA”). Under GIPA, California residents have greater control over how their genetic information will be collected and used by specific companies. GIPA becomes effective on January 1, 2022. GIPA applies to “direct-to-consumer genetic testing

Are Employer-Mandated Vaccinations Coming to an Office Near You?

Written by: Allison Averbuch, Esq. In a speech on September 9, 2021, President Biden announced that his administration asked the Department of Labor to develop emergency rules requiring all employers with 100 or more employees to ensure their workforces are fully vaccinated against COVID-19 or show a negative test at least once a week. Some

Hall Booth Smith Adds Three Associates as Tennessee Offices Expand

MEMPHIS AND NASHVILLE, TN – October 4, 2021 – Hall Booth Smith, P.C. is pleased to welcome three new Associates in Tennessee as its offices in Memphis and Nashville expand. Carolina Martin is based in Nashville with nearly a decade of legal experience. She represents clients in workers’ compensation disputes, labor and employment, immigration, transportation,

EDPB Releases Opinion on South Korea Draft Adequacy Decision

Written by: Alyssa Feliciano, Esq. On September 24, 2021, the European Data Protection Board (“EDPB”) released an opinion on the draft adequacy decision for South Korea, which in large part was positive for the country.  There were certain areas of concerns that were pointed out by the EDPB.  Once the EDPB’s stated issues are addressed

CLM: Meredith Knight Provides Tips for Defending COVID-19 Workers’ Compensation Claims

In an article published on September 27, 2021 by CLM, Meredith Knight provides guidance on dealing with workers’ compensation claims related to COVID-19. “Do not make bad case law. We hear this from our mentors, our supervisors, at our continuing education seminars. We appeal bad rulings knowing that, in Georgia and some other jurisdictions, appeals

Change-in-Condition SOL and the Mailbox Rule in Georgia

Written by: Daniel Richardson, Esq. When a claimant files a hearing request, the first thing to check is whether there is an applicable statute of limitations defense. The Georgia Court of Appeals recently addressed a statute of limitations defense raised in a claim for a catastrophic designation in Sunbelt Plastic Extrusions, Inc. v. Paguia, 2021

Lennon: Parting the Red Sea of Collateral Estoppel Defenses

Written by: Joshua T. Reese, Esq. In an Opinion and Order handed down on September 15, 2021, the Appellate Division, Second Department examined the nuanced collateral estoppel effects of a Workers’ Compensation Board determination on a related personal injury lawsuit. The factual allegations in Lennon are, at first blush, unremarkable. The plaintiff, Sean Lennon (no

NFA Gun Trusts

Written by: Wills, Trusts & Estate Administration Under the National Firearms Act (“NFA”), there are 6 classes of weapons that are much more heavily regulated than traditional firearms (‘traditional’ firearms being:  revolvers, semi-automatic pistols, shotguns and rifles).  These six highly regulated classes are: (i) short barrel/sawed off rifles [‘SBRs’], (ii) short barrel/sawed off shotguns, (iii)

Daily Business Review: John Goran on How to Virtually Prepare Witnesses for Cross-Examination

In an article published by the Daily Business Review on September 21, 2021, as part of the publication’s Southeast Takeaways series, Partner John Goran is quoted discussing tips to prepare witnesses for cross-examination in a virtual setting. “If you were physically going to meet with a witness to prepare them for a deposition three, four

NYC Business Owners Must Accommodate the “Key to NYC” Vaccine Mandate

Written by: Joseph A. Keane, Esq. New York City Mayor Bill De Blasio’s Emergency Executive Order 225, otherwise known as the “Key to NYC” vaccine mandate, took effect on August 17, 2021, to combat the highly transmissible Delta variant of COVID-19. In a continuing effort to mitigate the spread of COVID-19 and protect against severe

Part B News: Mariel Smith Discusses Whether Practice Doctors Can Refuse Access to Unvaccinated Patients

In an article published by Part B News on September 20, 2021, Partner Mariel Smith is quoted discutssing whether practice doctors can refuse access to unvaccinated patients. “It’s a very slippery slope,” she cautions. “Think of someone at the door or in the waiting room, and you telling them, ‘Sorry, we can’t see you because

China Passes the Personal Information Protection Law

Written by: Brett Lawrence, Esq. On August 20, 2021, China passed its Personal Information Protection Law (“PIPL”). This is China’s first general and broadly sweeping privacy law regulating the collection, processing, and transferring of personal information, similar to the European Union’s General Data Protection Regulation (“GDPR”). PIPL takes effect on November 1, 2021, less than

Irish DPA Fines Whatsapp $225 Million Euro For Transparency Violations

Written by: Richard Sheinis, Esq. We are all aware of the requirements under several laws that a company’s website must have a link to the company’s privacy policy explaining how the company treats personal information. The oxymoronic part of the privacy policy requirement, however, is that laws require more and more information to be included

South Carolina Federal Court Denies Dismissal of CCPA Claims in Class Action

Written by: Alyssa Feliciano, Esq. A federal judge in South Carolina denied a motion to dismiss claims in a class action lawsuit brought under the California Consumer Privacy Act (“CCPA”). The class action suit was brought against Blackbaud, following a ransomware attack in early 2020 that left countless individual’s data compromised.  Blackbaud attempted to have

Daily Business Review: Tullio Iacono on Medical Malpractice Restrictions Set Forth in Daubert Case

In an article published in the Daily Business Review on September 8, Partner Tullio Iacono discusses restrictions on evidence in medical malpractice cases set forth in Daubert v. Merrell Dow Pharmaceuticals. “For both sides in a medical malpractice case, expert medical testimony is critical,” Iacono writes. “Expert medical testimony aids the jury in determining the

McKnight’s Long-Term Care News: JJ Maskowitz on Legal Considerations for Long-Term Care Facilities Related to Delta Variant

In an article published online in McKnight’s Long-Term Care News on September 8, 2021, Partner JJ Maskowitz discusses legal risk considerations for long-term care facilities in light of the surge in the Delta variant and the importance of developing, implementing and updating policies and procedures to navigate future emergencies. “Looking ahead, attention to these updates

Reframing Resilience Webinar

The “Buy American” statute says products bought with taxpayer dollars must be “substantially made” in the U.S.  Today, products could qualify if just 55% of the value of their component parts was manufactured here.  The U.S. administration is proposing an immediate increase of the threshold to 60% and a phased increase to 75%.  It claims

Forbes Advisor: Mariel Smith on Consequences to Unemployment Benefits for COVID-19 Vaccine Refusal

In an article published by Forbes Advisor on August 31, 2021, Partner Mariel Smith is quoted discussing whether employees who refuse to get vaccinated for COVID-19 as per their employer’s policies might find themselves ineligible for unemployment benefits if they get fired. Employees have long understood that if they are fired, they can get unemployment

Tampa Bay Times: R. Ryan Rivas Discusses Area Hospital Vaccination Polices & Mandates

In an article published by the Tampa Bay Times on September 3, 2021, Partner Ryan Rivas is quoted discussing Tampa Bay hospitals’ vaccination policies and their hesitancy to mandate vaccination for employees. After 18 months of treating COVID patients, many nurses are leaving their jobs due to burnout. Hospital administrators fear that mandating vaccines will

U.S. District Court Clarifies the Interplay Between Contractual Obligations to Procure Property Insurance and “Other Insurance” Clauses

Written by: Thomas K. Wingfield, Esq. Hall Booth Smith, PC obtained summary judgment in favor of an owner’s property insurer, finding that the property policy procured by the tenant of the property provided primary insurance in a declaratory judgment action filed in the U.S. District Court for the Western District of Tennessee, which was styled

Federal District Court Rejects Plaintiff’s Attempt to Bring UK GDPR Lawsuit in US Court

Written by: Alyssa Feliciano, Esq. On August 16, 2021, a California federal district court dismissed what would have been the first case brought by a British or EU resident to the US regarding the interpretation and enforcement of GDPR. The Plaintiff, a UK resident, alleged that US-based company, PubMatic, placed unique and therefore individuating identifiers

HBS Opens 24th Office in Oklahoma City as Heron, Fox, Trout & Sherry Join Firm

OKLAHOMA CITY, OK – SEPTEMBER 1, 2021 – Hall Booth Smith, P.C. is pleased to announce its 24th office as the attorneys at Oklahoma City-based boutique medical malpractice defense firm Heron, Fox, Trout & Sherry join the organization. Michael J. Heron, Chris L. Fox and Kevin K. Trout are joining Hall Booth Smith as Partners,

Attorney Sandra Cianflone Discusses Healthcare Litigation Mega Verdicts on the Emerging Litigation Podcast

Hall Booth Smith Attorney Sandra Cianflone joined Emerging Litigation Podcast host Tom Hagy to discuss the trend of growing damages awards in health care litigation. Damage awards in litigation against physicians, hospitals, and other health care providers have been consistently increasing, with juries awarding more than $20 million in a recent series of cases. What

Nassau County Supreme Court Denies Hospital’s Motion for Summary Judgement in Slip and Fall Case, Finding Insufficient Support on The Issue Of Constructive Notice

Written by: Daniele DeZago, Esq Edited by: Nicole A. Callahan, Esq. Judge Voutsinas denied defendant Mercy Medical Center’s motion for summary judgment in an alleged slip and fall case.  Plaintiff alleged she slipped and fell on an unknown clear wet substance on a second floor hallway of Mercy Medical Center on Sunday April 16, 2017,

Physicians Practice: Ryan Rivas Discusses the Importance of Medical Charting in Minimizing Malpractice Risks

In an article published online in Physicians Practice on August 19, 2021, Partner R. Ryan Rivas discusses the importance of medical charting in minimizing malpractice risks. “For attorneys who represent healthcare providers, sometimes the patient’s medical records can be the one piece of evidence that saves the day, but other times they can be the

Law360: Sheinis, Lawrence, & Langhorne on Best Practices to Defend Against Ransomware

In an article published online in Law360 on August 16, 2021, Partner Richard Sheinis and Associates Brett Lawrence and Charles Langhorne offer 17 best practices for companies to defend against ransomware, in light of recent attacks. U.S. businesses were hit with “the biggest ransomware attack on record” in July. “This latest spate of ransomware attacks,

Recent Connecticut Personal Injury Settlement Demonstrates the Power of Future Damages Experts

Written by: Evan M. O’Hara, Esq. While testimony on future care and treatment (and the associated costs) is nothing new in personal injury litigation, a popular trend for some time now has been plaintiffs retaining expert witnesses specifically to provide opinions on the subject rather than relying on the testimony of the plaintiff’s treating medical

Hall Booth Smith Attorneys Recognized as 2022 Best Lawyers: Ones to Watch

Thirty 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® 2022

We’re excited to announce that 25 HBS lawyers have been recognized in the 2022 edition of The Best Lawyers in America®.

Why You Should Not Name Your Children (and Maybe Not Even Young Adult Children) as Direct or Contingent Beneficiaries on Life Insurance IRAs and Other Accounts

Written by: Wills, Trusts, & Estate Administration You wonder if you read that correctly, don’t you?  It probably seems like a no-brainer, naming your spouse as primary beneficiary and your children as secondary or contingent beneficiary on life insurance policies, IRAs, annuities and similar items.  After all, in doing so, the assets (eg, life insurance

Judge Muir of Supreme Court, Queens County Issues Order Directing Plaintiff Receive an Adverse Inference Charge at Trial for Spoliation of Evidence and Finding That Defendants Failed to Establish They Did Not Have Notice of the Defective or Dangerous Condition of their Elevator

Written by: Daniele DeZago, Esq. Queens County Supreme Court Judge Maurice E. Muir issued an Order denying Defendants’ motions for summary judgment and granting Defendant Delta Elevator Inspection Corporations motion for spoliation of evidence to the extent of directing an adverse inference charge be given at trial with respect to the plaintiff’s missing high heeled

Florida’s First District Court Of Appeal Again Rules The Six-Month Limitation On Temporary Indemnity Benefits For Mental Injury Does Not Apply If The Injured Worker Did Not Receive Permanent Impairment Benefits For Their Physical Injury

Written by: Rayford H. Taylor, Esq. The Court of Appeal was asked to again  interpret Section 440.093(3) Fla. Stat. concerning entitlement to temporary indemnity benefits based upon a mental injury arising out of a workers’ compensation accident in the case of Le’Tavia Jones v. State of Florida, Dept. of Corrections, and Div. of Risk Management, 1D20-1741

California Requires Global Privacy Control Signals Opt-Out

Written by: Alyssa Feliciano, Esq. The CCPA gives authority to its Attorney General (“AG”) to determine how businesses must comply with the opt-out of the sale of personal information requirement under the law. California’s recently inaugurated AG, Rob Bonta, announced that businesses will be required to accept Global Privacy Control (“GPC”) signals as an opt-out

Uniform Law Commission Publishes Proposed Uniform Personal Data Protection Act

Written by: Brett Lawrence, Esq. In July 2020, the Uniform Law Commission (“ULC”) voted to approve and recommend the proposed Uniform Personal Data Protection Act (“UPDPA”). Like the Uniform Commercial Code, the UPDPA is a model law designed as a cut-and-paste piece of legislation that states can tailor and subsequently adopt to their liking. The ULC

Monroe Supreme Court Denies Motion to Dismiss Holding That A Plaintiff Can Bring a Child Victims Act Cause of Action Under a Theory of Premises Liability

Written by: Eve Soldatos, Esq. Edited by: Nicole A. Callahan, Esq. Plaintiff brought an action against Churchville-Chili Central School District (“CCCSD”) claiming that an employed teacher and coach of CCCSD engaged in sexual contact with the plaintiff from 1997 to 1999, while the plaintiff was a minor. The plaintiff was not a student at CCCSD but the

Amazon Receives $887 Million EU Fine for Data Privacy Violations

Written by: Alyssa Feliciano, Esq. On July 16, 2021, the EU’s Commission Nationale pour le Protection des Données (“CNPD”) fined Amazon the equivalent of $887 million dollars after it determined that Amazon was processing personal data in violation of the GDPR.  Amazon representatives released a statement that the finding was without merit, citing that Amazon

European Data Protection Board Issues Guidance Clarifying Controller-Processor Relationship

Written by: Charles R. Langhorne IV, Esq. On July 7, 2021, the European Data Protection Board (“EDPB”) issued guidance further clarifying the relationship between controllers, joint controllers, and processors, under the General Data Protection Regulation (“GDPR”). This guidance is an update to the guidance issued by the Article 29 working party on February 16, 2010. The

HBS Adds Danielle Dudai and Edward Dulatt in West Palm Beach

WEST PALM BEACH, FL – July 30, 2021 – Hall Booth Smith, P.C. (HBS) welcomes Of Counsel Danielle Dudai and Associate Edward Dulatt to its West Palm Beach office as the firm expands to serve client needs in the state of Florida. Danielle Dudai concentrates her practice on corporate and partnership matters, business transactions, business

South Carolina WCC Electronic Forms Submissions

Written by: Margaret H. Donahue, Esq. On July 27, 2021, the South Carolina Workers’ Compensation Commission issued the attached advisory notice detailing new procedures for email submission of Forms 15,17,19, and 20 by Carriers.  As with prior versions of electronic submission, the Commission is requiring specific format to be followed and will assume no responsibility

Judge Rakoff of the Southern District of New York Applies State Pleading Requirements to Grant Motion for Remand in Favor of Products Liability Plaintiff in Resnik v. Rite Aid of New York, Inc., et al. – Determining that Plaintiff did not Fraudulently Join Codefendants

Written by: Evan M. O’Hara, Esq. Editor: Nicole A. Callahan, Esq. On July 12, 2021, the Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, issued a decision granting the plaintiff’s motion to remand her products liability claim against a number of corporate entities to the Supreme Court of

Healthcare Risk Management: Allison Averbuch on Employer Considerations Behind Mandating COVID-19 Vaccines

In an article published by Healthcare Risk Management on July 27, 2021, Associate Allison Averbuch is quoted discussing considerations for employers deciding whether to mandate the COVID-19 vaccine for employees. While recent Equal Employment Opportunity Commission (EEOC) guidance offers firm legal ground for employers to require employees to be vaccinated, several additional factors must be

Physicians Practice: James Embrey Reviews Liability Issues Related to Telemedicine & Telehealth

In an article published online in Physicians Practice on June 26, 2021, Partner James Embrey discusses liability issues related to telemedicine and telehealth, as demand for both continues to increase. “Telemedicine and telehealth services were already on the rise before the COVID-19 pandemic and demand has soared since the shutdown as patients and providers alike

Florida Employers Cannot Be Required to Pay For an Evaluation by a Health Care Provider That Has, As Its Sole Purpose, a Recommendation for Marijuana Treatment

Written by: Rayford H. Taylor, Esq. The First District Court of Appeal in the case of Patrick Sean Jones v. Grace Health Care, ______ So.2d ______, (1D19-1684, June 30, 2021) was presented with the question of whether an employer/carrier should be required to pay for an evaluation for a referral for medical marijuana.  The case

July 2021 Immigration Updates

Written by: Ashik R. Jahan Esq. and Navroz Tharani F-1 Change of Status & The B-1/B-2 Bridge the Gap: In an effort to reduce costs, U.S. Citizenship and Immigration Services announced a new policy that eliminates the need for individuals who have applied for a change of status to F-1 student to change or extend

Part B News: Mariel Smith on How Physician Practices May Limit Liability Related to Patient Violence

In an article published by Part B News on July 19, 2021, Partner Mariel Smith is quoted discussing considerations for physician practices to limit liability related to patient violence. Recent news that a psychiatry resident at Penn Hospital in Philadelphia is suing the facility after a patient stabbed her brought questions of physician practice liability

Florida Court Rules Receipt of Unemployment Compensation Benefits are Primary and Employer/Carriers Are Not Required to Affirmatively Assert an Offset Defense Prior to Payment of Any Temporary Partial Disability Benefits

Written by: Rayford H. Taylor, Esq. The First District Court of Appeal in the recent case of N. Hannoush Jewelers, Inc. v. Bly, 1D20-2432, (Fla. 1st DCA June 30, 2021) addressed the effect of an employee’s receipt of unemployment compensation benefits (UC) on any award of temporary partial disability (TPD) benefits.  The injured worker sought

Orlando Business Journal: Ryan Rivas Discusses Employer-Mandated COVID-19 Vaccines

In an article published by the Orlando Business Journal on July 19, 2021, Tampa Partner R. Ryan Rivas is quoted discussing employer mandated COVID-19 vaccines. “’I think mandatory vaccination is not a popular position to take. But it might be something where popularity gets overruled by necessity,’ he states, noting that health care providers are

NY’s First Department Rules that Attorney’s Email Signature Block is Sufficient to Create Binding Settlement Agreement in Matter of Philadelphia Ins. Indem. Co. v. Kendall

Written by: Jeffrey T. Wolber, Esq. In a decision from New York’s Appellate Division, First Department, the court held that an email containing an attorney’s automatically-populated signature block was sufficient to constitute a “subscribed” writing within the meaning of CPLR 2104 for purposes of enforcing a settlement agreement. CPLR 2104 reads in pertinent part: An agreement

Qualified Settlement Fund: An often overlooked and underutilized tool to ensure final resolution and client protection from third-party lien holders

Written by: Ryan M. Donihue, Esq. Defense attorneys in medical malpractice or catastrophic injury cases often overlook and do not utilize the important and available tool of a Qualified Settlement Fund in order to ensure full protection for a client when there is a third-party lien holder, and the Plaintiff is threatening to walk away

How to Minimize Risk of Negligent Hiring & Training Claims

Written by: Jeffrey Steven Warren, Esq. An often-overlooked area of exposure for motor carriers is their hiring, training and retention programs.  A lax approach to this area can cause problems many years down the road — even with drivers who otherwise had a spotless driving record during their employment. Many carriers think that if they

HBS Adds Associate Kellie Llona in Tampa

TAMPA, FL – July 14, 2021 – Hall Booth Smith, P.C. (HBS) welcomes Associate Kellie Llona to its Tampa office as the firm expands to serve client needs in the state of Florida. Kellie concentrates her practice on aging services, general liability and medical malpractice defense matters. Prior to joining HBS, she worked in the

The European Protection Board Issues Guidance On Supplementary Measures For The Cross-Border Transfer Of Personal Data

Written by: Richard Sheinis, Esq. Most of you know that on June 4, 2021, the European Commission (“EC”) adopted two (2) new sets of Standard Contractual Clauses (“SCC”) for the cross-border transfer of personal data from the EU.  The new SCC are due to a general need for updating the existing SCC, as well as

New York City Passes Biometric Law

Written by: Brett Lawrence, Esq. and Alyssa J. Feliciano, Esq. On July 9, 2021, New York City’s biometric data law (the “Law”) became enforceable. The Law requires specific businesses to notify customers when their biometric data is being collected or shared. The Law further prohibits the selling of biometric data. Biometric Data Defined The Law defines

Hall Booth Smith Welcomes Kessler to Asheville Office

ASHEVILLE, NC – July 12, 2021 – Hall Booth Smith, P.C. (HBS) welcomes Austin Rowe Kessler as an Associate to its growing office in Asheville, North Carolina. Austin concentrates his practice on insurance defense and general liability matters. He also represents clients in medical malpractice, professional malpractice and negligence and governmental liability disputes. Prior to

Young v. 1530 Rosedale Partners, LLC, et al. – Plaintiff Not Required to Show Freedom From Comparative Negligence In Addition to Establishing Defendant’s Negligence on Summary Judgment

Written by: Eve Soldatos, Esq. Edited by: Nicole A. Callahan, Esq. In this Bronx-venued Supreme Court action, plaintiff, who is blind, alleges that she lost her balance while walking down the staircase from her third-floor apartment and when she reached out to grab the staircase handrail to catch herself, it was not there and she

Colorado Privacy Act (“CPA”)

Written by: Charles R. Langhorne IV, Esq. and Alyssa J. Feliciano, Esq. CURRENT STATUS The Bill passed and has been signed by the Governor. EFFECTIVE DATE July 1, 2023 TO WHOM DOES CPA APPLY? The CPA applies if a business meets one the following circumstances: Requirement 1: Conducts business in Colorado; or Produces commercial products or services

HBS Hires Three Attorneys in Georgia

ATLANTA – July 6, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome three new attorneys to its offices in Georgia as the firm expands to meet the needs of clients across the Southeast. Christopher J. Watkins is Of Counsel in Atlanta and has extensive experience as a litigator for construction, insurance coverage,

New York’s New Guidance on Preventing Ransomware

Written by: Brett Lawrence, Esq. On June 30, 2021, the New York Department of Financial Services (“DFS”) issued new guidance on ransomware prevention. Noting the increase in ransomware attacks and increases in the cost of cybercrime, DFS issued nine (9) specific security controls that every business should implement to remove common weaknesses exploited by ransomware

CLM: Lissa Klein Discusses Worker’s Compensation Considerations for Employers as Remote Work Persists

In an article published online in CLM Magazine on June 30, 2021, Partner Lissa F. Klein discusses workers’ compensation considerations for employers as remote work persists post-pandemic. “As the number of remote employees will continue to rise, it is inevitable that there will be an increasing number of work accidents involving remote employees,” she writes. “This

Proper Protocols in Correctional Health Care Help Reduce Liability Risk

Written by: Beth Boone, Esq. Administrators, officers and health care providers who work in correctional facility settings should make sure they aren’t giving plaintiffs’ attorneys a commonly exploited opening for litigation: protocol lapses. Whether it’s not following existing protocols or failing to update them regularly, a lax approach to protocols in a correctional health care

HBS Expands to 9th State as Patrick Feilke Opens Office in Arkansas

LITTLE ROCK, ARK. – July 1, 2021 – Hall Booth Smith, P.C. is pleased to announce that Patrick B. Feilke is joining the firm as a Partner as the firm opens a new office in Little Rock, Arkansas to serve clients in the Southern United States. The new office is located at 400 W. Capitol

The Florida First District Court of Appeal Has Again Interpreted Section 440.13(2)(F) Fla. Stat., The “One Time Change” Statute, To Permit an Injured Worker to Select Their Own Physician When an Alternate Physician Was Not Timely Provided

Written by: Rayford H. Taylor, Esq. An employer/carrier must aggressively pursue obtaining an appointment with the newly authorized physician or risk having the injured worker select the alternate physician.  While we do not know what period of time is acceptable, we know that taking longer than 50 days from the request for a physician to

HBS Welcomes Associate Rodrequez C. Watson in Memphis

MEMPHIS, TN – June 30, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Associate Rodrequez “Rod” C. Watson as the Memphis office adds new talent to meet client needs. Rod has extensive litigation experience and has overseen numerous commercial litigation and criminal defense matters from the initial Complaint through dispositive motion practice,

New York Public Health Law § 2801 Does Not Apply to Adult Homes

Written by: Daniele DeZago, Esq. Edited by: Nicole A. Callahan, Esq. The applicability of New York Public Health Law § 2801 has been limited thanks to a decision issued by Judge George Nolan of Suffolk County Supreme Court.  In Schuckman v. Atria Senior Living, N.Y. Sup. Ct. (611915/2020), Judge Nolan granted defendants’ motion to dismiss

Jake Evans Joins Hall Booth Smith as Partner in Atlanta

ATLANTA – JUNE 28, 2021 – Hall Booth Smith, P.C. is pleased to welcome Jake Evans as a Partner to further deepen the firm’s business litigation, and public policy and regulatory practice. Jake has a robust business litigation practice that focuses on disputes involving breach of contract and fiduciary duties, residential and commercial real estate,

Fourth Circuit Says Lack of Time to Investigate a Claim Can Create an Objectively Reasonable Basis for an Insurer to Refuse a Settlement Demand

Written by: Elizabeth Wieters, Esq. In an unpublished per curium opinion styled Columbia Insurance Company v. Christopher Kamil Waymer, et al, the Fourth Circuit Court of Appeals recently reviewed and affirmed the South Carolina District Court’s decision to dismiss a claim for bad faith insurance practices. The Court concluded there was no bad faith under

West Palm Beach Attorney Angela Many Selected to the 2021 Florida Rising Stars List

The 2021 edition of the Florida Super Lawyers Magazine recognized the law firm of Hall Booth Smith, P.C. (HBS) for its outstanding legal work, highlighting West Palm Beach Attorney Angela M. Many on its list of Rising Stars. Ms. Many is honored as a Rising Star for her work in civil litigation defense. She concentrates

HBS Welcomes Rene Stuhr Dukes as Of Counsel in Charleston

CHARLESTON, S.C.– June 23, 2021 – Hall Booth Smith, P.C. (HBS) is delighted to welcome Rene Stuhr Dukes as Of Counsel to its growing office in Charleston, South Carolina. Rene represents clients in a wide range of family law matters, including divorce, child custody, parental alienation, grandparent visitation, modification actions, alimony, equitable division, adoption and

Florida Employers and Carriers May Be Subject To Monetary Damage Awards to Claimants in Rule NISI Proceedings Following Recent Appellate Court Decision

Written by: Rayford H. Taylor, Esq. Circuit court judges in Florida have the authority to require provision of benefits ordered by a jcc but which are found to be willfully withheld.  Trial courts can use a Rule Nisi proceeding to not only order the provision of the benefit being denied, but also impose a monetary

DOL Publishes Long Overdue COVID Safety Rules For Health Care Settings

Written by: Jacqueline Voronov, Esq and Robert Romeo It has been well over a year since the start of the coronavirus pandemic, and the Department of Labor (“DOL”) has finally issued its highly anticipated COVID workplace safety rules.  In January 2021, President Joe Biden issued an Executive Order ordering the DOL to consider issuing an

Judge Edwards of Kings County Grants Summary Judgment in Favor of Medical Malpractice Defendants in Moore v. Volokh—Holds Plaintiff’s Experts Failed to Refute Causation Arguments

Written by: Jeffrey T. Wolber, Esq. Editor: Nicole Callahan, Esq. On June 11, 2021, Kings County Supreme Court Justice Genine Edwards issued a decision granting summary judgment in favor of a radiology center and its radiologist.  In this action, the plaintiff claimed a failure to diagnose stomach cancer following an abdominal contrast study. The radiology defendants moved

Georgia’s COA Applies Supreme Court’s Overruling of Lunch Break Exception

Written by Daniel Richardson, Esq. Last year the Georgia Supreme Court addressed the collision of two separate lines of precedent that the Court of Appeals had been trying to hold together with confusing results. This involved (1) the Scheduled Break Exception and (2) the Ingress and Egress Rule. In 1935, the Supreme Court first enunciated

Hospital and Healthcare Associations File Amicus Brief in COVID Nursing Home Suit

Written by: Eve Soldatos, Esq. and Kyle A. Schiedo, Esq. Edited by: Nicole A. Callahan, Esq. On June 5, 2020, plaintiff Vivian Rivera-Zayas brought an action in Kings County Supreme Court against Long Island nursing home Our Lady of Consolation Nursing and Rehabilitative Care Center, claiming that the nursing home was negligent, reckless, and willful

HBS Welcomes Associate Madison C. Bryant in Nashville

NASHVILLE, TN –  June 17, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Madison C. Bryant (née Patey) as an Associate to its growing office in Nashville, Tennessee. Madison defends clients in a range of health care related matters including medical malpractice, long term care, dental and correctional health care litigation. Prior

Texas Enacts Law Providing COVID-19 Civil Immunity to Physicians, Health Care Providers, and First Responders

Author: Eve Soldatos, Esq. On June 14, 2021, Governor Abbott signed Senate Bill 6 into law, amending the Civil Practice and Remedies Code by adding Section 74.155. The new section, 74.155(b) states that except in cases of reckless conduct or intentional, willful, or wanton misconduct, a physician, health care provider or first responder is not liable

Texas Enacts Law Providing COVID-19 Civil Immunity to Physicians, Health Care Providers, and First Responders

Written by: Eve Soldatos, Esq. On June 14, 2021, Governor Abbott signed Senate Bill 6 into law, amending the Civil Practice and Remedies Code by adding Section 74.155. The new section, 74.155(b) states that except in cases of reckless conduct or intentional, willful, or wanton misconduct, a physician, health care provider or first responder is

Child Custody with No Order

Written by: Kaitlin Romanelli Myers A custody order or parenting agreement lays out how custody is handled, including whether a parent has sole or joint custody, and the physical custody schedule of the child, and holiday schedules. Without a child custody order, either parent can lawfully take physical custody of the child at any time.

Stunt Performer’s $8 Million Judgement Was Reversed Because Employers Had Workers’ Compensation Immunity

Written by: Rayford H. Taylor, Esq. The case of Stalwart Films, LLC v. Bernecker, 855 S.E.2d 120 (2021) involved a wrongful death action brought by a stunt performer’s family against the film production company and television show producer alleging negligence arising from his fatal fall during the filming of a television show.  The State Court

New York State Senate Passes Adult Survivors Act For Victims of Sexual Assault

Author: Eve Soldatos, Esq. Editor: Nicole Callahan, Esq. On June 3, 2021, the New York State Senate passed Senate Bill S66, also known as the Adult Survivors Act. The Act would amend the civil practice law and rules in relation to the statute of limitations for civil actions related to certain sexual offenses committed against

Stunt Performer’s $8 Million Judgement Was Reversed Because Employers Had Workers’ Compensation Immunity

Written by: Rayford H. Taylor, Esq. The case of Stalwart Films, LLC v. Bernecker, 855 S.E.2d 120 (2021) involved a wrongful death action brought by a stunt performer’s family against the film production company and television show producer alleging negligence arising from his fatal fall during the filming of a television show.  The State Court

HBS Welcomes Iacono as Partner and Lopez as Associate in Miami Office

MIAMI, FL – June 14, 2021 – Hall Booth Smith, P.C. is thrilled to welcome Partner Tullio E. Iacono and Associate Gabriel Lopez as the firm’s Miami office grows to meet the needs of clients across South Florida. Tullio E. Iacono is a Partner with 25 years of legal experience, and he specializes in defending

Supreme Court Unanimously Confirms that Temporary Protected Status is not an Admission

Written by: Ashik R. Jahan, Esq. and Navroz Tharani In a recent decision, Sanchez v. Mayorkas, The Supreme Court of the United States unanimously ruled that individuals with Temporary Protected Status (TPS) are ineligible to become permanent residents based on their grant of TPS status alone. The TPS Program allows foreign nationals of a country

HBS Adds Three Attorneys in Atlanta

ATLANTA – June 9, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome three new attorneys to the firm’s Atlanta headquarters office as it adds new talent to meet growing client needs. Partner James E. “Jim” Gilson specializes in high-exposure trial litigation for catastrophic injury, premises liability, insurance and transportation tort claims. For

Navigating Outside Provider Appointments in Correctional Health Care

Written by: Beth Boone, Esq. Getting appointments with a health care provider can be challenging for anyone, and it can be much more complicated for individuals who are in custody — especially when the matter requires a specialist or diagnostic procedure performed with specialized equipment. The National Commission on Correctional Health Care, the National Institute of Corrections,

Bronx County Supreme Court Rules on Applicability of New York’s EDTPA to Medical Malpractice Claim for Stroke Presentation

Written by: Jeffrey T. Wolber, Esq. On June 4, 2021 Judge Higgitt of the Bronx County Supreme Court issued a decision denying a motion to dismiss under CPLR 3211(a)(7) for failure to state a claim based on the civil immunity  provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA) and Governor Cuomo’s Executive

Bronx County Supreme Court Dismisses Medical Malpractice Claim Under the EDTPA and Executive Order 202.10 in Hampton v. City of N.Y.

Written by: Jeffrey T. Wolber, Esq.  On June 3, 2021 Judge Danziger of Bronx County Supreme Court issued a decision granting a motion to dismiss under CPLR 3211(a)(1) (documentary evidence) and (7) (failure to state a claim) based on the civil immunity  provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA) and Governor

Nevada Amends Privacy Law for Opting Out of the Sale of Personal Information

Written by: Charles R. Langhorne IV, Esq. and Alyssa J. Feliciano, Esq. Nevada law already allows individuals to “opt out” of allowing a business to sell their personal information.  On June 2, 2021, Nevada Governor, Steve Sisolak, signed SB 260, which amended the definition of “sale”.  This change means that the existing law will become broader

Representative Ted Lieu Once Again Introduces The “Ensuring National Constitutional Rights For Your Private Telecommunications (ENCRYPT) Act”

Written by: Richard Sheinis, Esq. This Bill was first introduced in 2016 in response to a dispute between the FBI and Apple in which the FBI sought to have Apple provide access to the locked mobile phone of a suspect in a mass shooting in San Bernardino, California.  The Act has been reintroduced each year since

Hall Booth Smith Adds David Badie as Of Counsel in New Jersey & New York Expansion

SADDLE BROOK, NEW JERSEY – June 7, 2021 – Hall Booth Smith, P.C. is pleased to announce that Of Counsel David W. Badie has joined the firm to expand its medical malpractice defense capabilities in the New Jersey and New York region. Badie defends hospitals, health care systems, physicians, nurses, administrators and other health care

EU Commission Issues New Standard Contractual Clauses

Written by: Charles R. Langhorne IV, Esq. On June 4, 2021, the European Commission issued the long awaited new version standard contractual clauses (“SCCs”). In fact, the Commission issued two (2) different sets of SCCs. Governing transfers of personal data within the European Union. Officially cited as: C(2021) 3701. Governing transfers of personal data outside the

Physicians Practice: James Embrey Discusses Liability Issues Related to the COVID-19 Vaccine

In an article published online in Physicians Practice on June 3, 2021, Partner James R. Embrey, Jr. discusses liability issues related to the COVID-19 vaccine. “As the long lines of patients seeking a life-saving vaccine begin to shorten, the physicians, nurses, pharmacists, medical technicians, and other health care professionals who have been working tirelessly to

If At First You Don’t Succeed: Georgia Legislature Amends Pre-Suit Demand Statute to Provide Additional Protections to Insurers

Written by: Abe Varner, Esq. The Georgia legislature recently made significant revisions to O.C.G.A. 9-11-67.1, the Georgia statute governing pre-suit settlement demands for injuries arising out of the use a motor vehicle.  The amended statute was recently signed into law and applies to causes of action arising on or after July 1, 2021. In response

Compensability of Slip and Fall Accidents – Where Are We Since The Florida First District Court of Appeals April 5, 2019 Decision in Valcourt – Williams (The Dog Case)

Written by: William T. Goran, Esq. For over 75 years now worker’s compensation practitioners have grappled with issues concerning compensability of slip and fall accidents that occurred at work and the evidence is unclear as to why the slip and fall occurred, raising questions regarding whether the accident and injury “arises out of” the employment

HBS Adds Attorney Amber G. Williams in Jacksonville

JACKSONVILLE, FL – May 25, 2021 – Hall Booth Smith, P.C. (HBS) welcomes Attorney Amber G. Williams to its Jacksonville office as the firm expands to serve client needs in the state of Florida. Amber concentrates her practice on aging services and medical malpractice defense, general liability and business litigation matters. Prior to joining HBS,

Legal v. Physical Custody

Written by: Kaitlin Romanelli Myers When determining child custody, there are two types of custody to be decided on, physical custody and legal custody. Legal custody allows a parent to make major decisions about the child’s schooling, religious upbringing, and medical care. Parents can either share joint legal custody, or one parent can have primary

Suicide Underscores Need for Mental Health Care in Correctional Facilities

Written by: Beth Boone, Esq. Death by suicide behind bars is a serious challenge in correctional health care, and there is a greater focus on expanding mental health services and prevention programs to reduce fatalities. Corrections officers, facility administrators, community health care agencies and other stakeholders also play important roles in watching for suicide risk,

President Biden Issues Executive Order Improving Cybersecurity

Written by: Brett Lawrence, Esq. On May 12, 2021, President Joe Biden signed an executive order to improve the nation’s cybersecurity and protect the federal government’s networks (the “Order”). In their official statement, the White House expressly mentioned that the Colonial Pipeline and other cybersecurity incidents were “sobering reminders” that malicious cyber activity remains prevalent. The

New York Law Journal: Nicole Callahan on the Emergence of Decentralized Clinical Trials Following the COVID-19 Pandemic

In an article published in The New York Law Journal on May 11, 2021, Partner Nicole Callahan discusses the emergence of decentralized clinical trials accelerated by the COVID-19 pandemic, and the risks and liabilities associated. “It is expected that the use of decentralized clinical trials will continue due to their numerous benefits as compared to

No Notice, No Problem. Georgia Supreme Court Rules That Lack of Notice of Suit Does Not Relieve Insurer from Subsequent Bad Faith Failure to Settle Suit

Written by: Paul Trainor, Esq. On April 19, 2021, the Georgia Supreme Court issued its opinion in Geico Indemnity Co. v. Whiteside, dealing another blow to insurers in the context of bad faith claims. The underlying case arose from a motor vehicle accident on February 26, 2012 between Bonnie Winslett, the driver of a Ford

North Carolina Introduces Consumer Privacy Act

Written by: Charles R. Langhorne IV, Esq. On April 7, 2021, North Carolina joined the race to enact state privacy law, by introducing the North Carolina Consumer Privacy Act (the “Act”). The Act was introduced by Senators DeAndrea Salvador (D), Ben Clark (D), and Joyce Waddell (D). Notably, all of the sponsoring senators are Democrats, which

Microsoft Allows Customers to Choose EU for Data Processing & Storage

Written by: Brett Lawrence, Esq. On May 6, 2021, Microsoft announced it will allow its commercial and public sector customers in the European Union (“EU”) to process and store all of their personal data in the EU. This implementation will be completed by the end of 2022 and is called the “EU Data Boundary for

New Georgia Law Imposes Extensive New Requirements for Georgia Long-Term Care Facilities

On June 30, 2020, House Bill 987 was signed into law addressing many of the concerns presented by Atlanta Journal Constitution’s “Unprotected” investigative series regarding Georgia’s Long Term Care industry…

Healthcare Risk Management: Jefferey Randolph Saxby on Common Health Care Provider Mistakes That Lead to Lawsuits

In an article published by Healthcare Risk Management on May, 1, 2021, Partner Jeffery Randolph Saxby is quoted discussing common mistakes health care providers make that lead to patient lawsuits, and how to avoid such pitfalls. While a primary impetus behind a patient’s decision to sue is often how the patient feels after interacting with

EDPB Adopts Two Opinions on the Draft UK Adequacy Decisions

Written by: Brett Lawrence, Esq. On April 14, 2021, the European Data Protection Board (“EDPB”) announced it had adopted two opinions in support of the draft UK adequacy decisions. The opinions stem from the EDPB’s review of the European Commission’s draft adequacy decisions for the General Data Protection Regulation (“GDPR”) and the Law Enforcement Directive (“LED”).

The U.S. Imposes Travel Restrictions on India

Compiled by: Ashik R. Jahan, Esq. Source: https://www.reuters.com/world/us/exclusive-biden-set-ban-most-travel-us-india-limit-covid-19-spread-2021-04-30/  Due to the COVID-19 epidemic, particularly “the magnitude and scope” of the surge India is experiencing (1/3 of new global cases), the White House has issued new travel restrictions on India on the advice of the U.S. Centers for Disease Control and Prevention (CDC) to protect the

The FTC Is Looking For Truth, Fairness, And Equity In The Use of Artificial Intelligence

Written by: Richard Sheinis, Esq. On April 19, 2021 the FTC issued what might be called guidance, but is more of a warning, regarding the use of artificial intelligence.  The FTC cautions against using AI in a way that produces discriminatory outcomes. The FTC states that in order to avoid bias and prejudice, the data

COVID-19 Pandemic Threatens Opioid Sobriety

For many people who are battling opioid addiction or achieved sobriety, there is a new threat of relapse: the ongoing COVID-19 pandemic. Mandatory quarantines, shelter-in-place orders and new daily stressors such as the loss of childcare and the demands of running remote school are creating new challenges for people who are or have been addicted.

Charleston Partner Lauren Spears Gresh Selected as 2021 South Carolina Rising Star

The 2021 edition of the South Carolina Super Lawyers magazine recognized the law firm of Hall Booth Smith, P.C. (HBS) for its outstanding legal work, honoring Charleston Partner Lauren Spears Gresh on its list of Rising Stars. Ms. Gresh was selected for the second year as a Rising Star for her work in medical malpractice

Annals of Long-Term Care: Brittany Cone & Jordan Johnson Discuss Common Nursing Facility Medicaid Issues, Possible Solutions

In an article published in Annals of Long-Term Care on April 29, 2021, Partner Brittany Cone and Associate Jordan Johnson discuss common Medicaid issues and possible solutions for nursing facilities.

COVID Vaccine Implications For Inmates & Corrections Officers

Written by: Beth Boone, Esq. As COVID vaccines become more widely available and distributed across the United States, state and local corrections facilities are receiving vaccines according to their jurisdiction’s vaccine plan. Sometimes that means varying prioritization based on facility size, geography, local logistics and the number of available medical staff. The U.S. Centers for

PREP Act Pitfalls: Federal Courts Deny Providers Their Due Protections

Written by: Teresa Pike Tomlinson, Esq. and Leesa M. Guarnotta, Esq. From the start of COVID-19 litigation, Federal district courts have failed to uphold the bargain Congress made with healthcare workers and facilities to provide them exclusive federal jurisdiction and an exclusive federal cause of action in the face of lawsuits arising from their alleged

“Be Attuned” To Office of Foreign Assets Control (“OFAC”) Sanctions

Written by: John E. Parkerson, Jr., Esq. An April 19, 2021 U.S. Government settlement proved costly for a domestic U.S. company that was “not attuned” to U.S. laws that restrict doing business with entities in certain countries – for example, Iran — that the U.S. has identified as national security threats or human rights violators.

Tampa Bay Business Journal: Ryan Rivas & Jacqueline Voronov on Unionization Efforts in the COVID-19 Era

In an article published online and in print in the Tampa Bay Business Journal on April 16, 2021, Partners Ryan Rivas and Jacqueline Voronov discuss unionization efforts in the COVID-19 era. “The challenges faced by employers due to COVID-19 have emerged as fresh opportunities for unions to galvanize employees more easily than ever before,” the

The Impact of Marital Misconduct in North Carolina

Written by: Kaitlin Romanelli Myers North Carolina is what is considered a “no-fault” divorce state, which means marital misconduct is not relevant to get a divorce. North Carolina allows spouses to get divorced for any reason, so long as they have been separated for one (1) year or more. Marital misconduct is relevant however, for

What You Need to Know About MCS-90 Endorsement

Written by: Duane L Cochenour, Esq. In 1980, Congress passed the Federal Motor Carrier Act, an Act that was intended to increase price competition, and reduce and simplify regulations on carriers. One of the most enduring benefits of the Act was a provision for the MCS-90 Endorsement (“MCS-90”) which required proof of financial responsibility of

Bloomberg Law: Graham & Walker Discuss Implications of CMS’ New Guidance on Nursing Home Visitation

In an article published in Bloomberg Law on April 14, 2021, Partner Drew Graham and Associate Danielle Walker discuss the implications of the Centers for Medicare & Medicaid Services’ (CMS) new guidance on nursing home visitation. Throughout the COVID-19 pandemic, CMS has recognized the toll the pandemic has taken on nursing home residents, from infection

Eleventh Circuit Holds Websites Are Not Places of Public Accommodation and Rejects the Nexus Standard

Written by: Mariel E. Smith, Esq. In a recent decision, Gil v. Winn-Dixie Stores, Inc., the Eleventh Circuit held that websites are not “places of public accommodation” under Title III of the Americans with Disabilities Act (ADA).  The ADA prohibits discrimination against individuals on the basis of disability in the full and equal enjoyment of

Summary of the Landscape of Civil Immunity against COVID-19 Claims in New York

Written by: Jeffrey T. Wolber, Esq. With the repeal of the Emergency or Disaster Treatment Protection Act (EDTPA) by A.03397/S.5177, the New York legislature has effectively terminated its civil immunity for health care professionals against claims involving COVID-19. Because this repeal does not have retroactive effect, there are three main types of immunity left behind that

Civil Immunity for COVID-19 Claims in New York: Impact of the Repeal of the EDTPA

Written by: Jeffrey T. Wolber, Esq. On April 6, 2021, Governor Cuomo signed into law A.03397/S.5177, repealing Article 30-d of the Public Health Law, also known as the Emergency or Disaster Treatment Protection Act, or the EDTPA, which provided civil immunity to health care professionals and entities for certain claims involving COVID-19. The EDTPA was

New York DFS Issues Cyber Insurance Risk Framework

Written by: Charles R. Langhorne IV, Esq. Back in March the New York Department of Financial Services (“NY DFS”) issued Circular Letter No. 2 (2021) providing guidance to insurers offering cyber insurance in New York. The guidance provides a framework that could very well become required of insurers at a later date. The guidance urges

Hall Booth Smith welcomes Attorney Brooke E. Reddin to Saddle Brook Office

SADDLE BROOK, NEW JERSEY – April 12, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Attorney Brooke E. Reddin to its growing office in Saddle Brook as the firm expands its medical malpractice team. Brooke focuses her practice on health care, medical malpractice and aging services litigation. She defends physicians, nurses, insurers

Modification of Child Custody

Written by: Kaitlin Romanelli Myers An existing child custody order can be modified if there has been a substantial and material change in circumstances. A modification of child custody requires meeting a two-prong test: (1) that there has been a substantial and material change of circumstances since the previous order was entered, and (2) that

Amendments to Public Health Law Require Resident Health Care Facilities to Spend 70% of Revenue on “Direct Resident Care,” Cap Facility Profits at 5%, and Limit Executive Pay

Written by: T. Andrew Graham, Esq., Anthony Venditto, Esq., and Evan O’Hara, Esq. In February of 2021, Governor Andrew Cuomo announced that, as part of his effort to enact sweeping nursing home reform legislation, he would not sign a budget for the 2022 fiscal year into law unless it included legislation requiring nursing home facilities

Daily Business Review: John Goran on How to Avoid Common Mistakes in Medical Malpractice Claims

In an article published in the Daily Business Review, HBS Miami Partner John Goran discusses how to avoid common mistakes in medical malpractice claims. “Sooner or later, many health care providers will find themselves in the unfortunate situation of being sued for alleged medical malpractice,” John writes. “An all too common mantra within this industry

Approved CCPA Regulations and Appointees to CPRA Privacy Protection Agency

Written by: Brett Lawrence, Esq. 1. CCPA Regulations Effective as of March 15, 2021, California’s Office of Administrative Law approved additional California Consumer Privacy Act (“CCPA”) regulations. The regulations provide the following: Offline Notification. Any business who sells personal information of a consumer that has been collected “offline” must provide proper consumer notification through an offline

Four Hall Booth Smith Attorneys Honored in the 2021 New Jersey Super Lawyers Magazine

In the 2021 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 Jeffrey M. Daitz, Harry D. Norton, Jr. and Brian M. Murphy have all been named as Super Lawyers, and Attorney Brooke E. Reddin has been

Healthcare Risk Management: Jodi Barrett Discusses Pandemic Litigation for Skilled Care, Assisted Living Facilities

In an article published by Healthcare Risk Management on March 29, 2021, Partner Jodi Barrett is quoted discussing pandemic litigation for skilled care and assisted living facilities in 2021. Nursing homes and assisted living facilities faced the most devastating personal and litigation consequences from COVID-19. In the wake of the pandemic, these facilities may face

French Supervisory Authority To Enforce Its Ad Tracker (“Cookie”) Guideline

Written by: Richard Sheinis, Esq. As of April 1, 2021, the French Supervisory Authority, Commision Nationale de l’Informatique et des libertes (“CNIL”) will enforce its cookie and ad tracker guidelines.  CNIL had previously announced it would give companies until March 31, 2021 to adjust their ad tracker and cookie practices to come into compliance. Most

Federal District Court Dismisses Walmart Data Breach Class Action

Written by: Brett Lawrence, Esq. On March 5, 2021, the Federal District Court for the Northern District of California granted Walmart’s motion to dismiss the plaintiff’s class action lawsuit for exposed customer personal data. This was one of the first major lawsuits alleging violations under the California Consumer Privacy Act (“CCPA”). We previously discussed this

Hall Booth Smith Expands in New Jersey with Addition of Norton, Murphy Attorneys

ATLANTA – April 1, 2021 – Hall Booth Smith, P.C. (HBS) is expanding in the New Jersey and New York area with the addition of Attorneys from the law firm of Norton, Murphy, Sheehy & Corrubia, P.C., as it continues to strengthen its insurance and liability defense services. Seven Attorneys from the firm will be

USCIS Completes Initial H-1B Electronic Registration Selection

Compiled by: Ashik R. Jahan, Esq. The latest update from the US Citizenship and Immigration Services on completing the initial H-1B electronic registration selection: FY 2022 – H-1B Initial Electronic Registration Selection Process Completed USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations

Healthcare Risk Management: Gresh & Looper on Common Mistakes to Avoid in Medical Malpractice Defenses

In an article published by Healthcare Risk Management on March 29, 2021, Partners Jack Gresh and James E. Looper, Jr. are quoted discussing medical malpractice defenses and common mistakes to avoid when facing a lawsuit. The first actions taken after receiving notice of a medical malpractice lawsuit can have significant implications for the outcome of

Debate Swirls Around How to Use Opioid Settlement Funds

Tens of billions of dollars in forthcoming opioid litigation settlement funds have public health policy leaders and elected officials debating over how to use the funds in the most effective and impactful way to address the root causes of opioid addiction and improve access to treatment programs. One thing is clear: there is a consensus

Divorce From Bed and Board

Written by: Kaitlin Romanelli Myers, Esq. Divorce from bed and board is North Carolina’s form of legal separation. Despite having divorce in its tile, it’s not actually a divorce. Divorce from bed and board is a tool that can be utilized when the married parties are living together and neither party wants to leave the

Supreme Court Expands Fourth Amendment Protections

Written by: Phillip E. Friduss, Esq.  Getting hit by a bullet but still escaping in the getaway car implicates the Fourth Amendment after all sayeth Chief Justice Roberts in a heated 5-3 Opinion along ideological lines.  Justice Amy Coney Barrett took no part in the case, which was argued in October before she took her

A Florida Appellate Court Ruled Cancellation of a Workers’ Compensation Policy for Nonpayment Was Effective, Even Though the Insured Employer Had a Certificate of Insurance

Written by: Rayford Taylor, Esq. The First District Court of Appeal recently issued an opinion in the case of Dennis F. Scott v. James A. Jones Construction Co. v. Central Florida Siding Pros, LLC, et al., Case No. 1D20-689 (Fla. 1st DCA March 16, 2021).  While the instant case did not create any new law,

FLASH ALERT – Proposed Federal Estate Tax Law Changes (the sky may really be falling…)

Written by: Wills, Trusts, & Estate Administration Politics aside, we all knew we would see legislation proposed to increase the estate tax and block certain planning strategies, both because Democrats control the Presidency along with the House and Senate, and to cover the spending and stimulus packages. The legislation that has been introduced is, frankly,

Step-Down Provisions in Automobile Insurance Policies issued in South Carolina Deemed Unenforceable in Recent South Carolina Supreme Court Decision

Written by: Joseph D. “Trey” Thompson, III In the recent case of Nationwide Mut. Fire Ins. Co. v. Walls, Opinion No. 28012, filed March 10, 2021, the South Carolina Supreme Court in a declaratory judgment action essentially eliminated an automobile liability insurer’s effort to enforce a “step-down” provision in an automobile liability insurance policy. Generally

2021 Florida Workers’ Compensation Legislation

Written by: Rayford H. Taylor Esq. The Florida Legislature began its annual session on March 2, 2021 and will conclude on April 30, 2021, absent any extensions.  There have been three bills introduced thus far which seeks to amend Chapter 440 Fla. Stat., which is Florida’s Workers’ Compensation Statute. Senate Bill 1458 and House Bill

Hall Booth Smith Adds Attorney Olivia M. Mejido In Tampa

TAMPA, FL – March 24, 2021 – Hall Booth Smith, P.C. (HBS) welcomes Attorney Olivia M. Mejido to its Tampa office as the firm expands to serve client needs in the state of Florida. Olivia concentrates her practice on long-term care, medical malpractice and dental litigation defense. In addition, she represents clients in premises liability

Georgia Department of Public Health Updates its Administrative Order to Permit Additional Visitation in Long-Term Care Facilities

The Georgia Department of Public Health updated its original Administrative Order providing reopening guidance to long-term care facilities to allow additional visitation….

Physicians Practice: JJ Maskowitz Discusses Pandemic Litigation for Skilled Care & Assisted Living Facilities

In an article published in Physicians Practice on March 22, 2021 Partner James “JJ” Maskowitz discusses pandemic litigation for skilled care and assisted living facilities in 2021 and tips to mitigate risk. “Physicians have had to become more agile and nimble than ever in providing care to patients during the COVID-19 pandemic,” Maskowitz writes. “As

Hall Booth Smith Welcomes Gaylon C. Hollis to its Atlanta Office

ATLANTA, GEORGIA – March 22, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome Attorney Gaylon C. Hollis to its Atlanta office as the firm expands its intellectual property practice to serve the needs of its clients. Gaylon works closely with clients on a wide range of intellectual property matters, including patentability opinions,

TPD & Concurrent Illnesses: Not Just a COVID Question – a South Carolina Perspective

Written by: Margaret “Meg” H. Donahue, Esq. At the one-year anniversary of COVID-19 in America, you’d probably think all the questions had been asked.  But only recently, one came up that I was surprised hadn’t surfaced sooner.  The question was, if a worker is on light duty for a work injury and receiving temporary partial

Can Employers Mandate Arbitration of NJLAD Claims? The Monmouth County Superior Court Says Yes

Written by: Jacqueline Voronov, Esq. and Joseph A. Keane, Esq. A recent New Jersey Superior Court decision held that the Federal Arbitration Act (“FAA”) trumps the 2019 Amendment to the New Jersey Law Against Discrimination (“NJLAD”) that purported to ban mandatory pre-dispute employment arbitration agreements. Back on March 18, 2019, New Jersey Governor Phil Murphy

Hall Booth Smith adds DeZago as Of Counsel in New York City Office

NEW YORK, NY – March 18, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to announce the addition of Daniele DeZago as Of Counsel to its growing office in New York City, as the firm expands its medical malpractice team. Daniele concentrates her practice on medical malpractice defense and insurance coverage disputes. Specifically, she

Georgia Psychiatrist-Patient Privilege

In Georgia, certain types of records in personal injury cases are considered privileged, one of which is the psychiatrist-patient privilege or the mental health privilege.

Annals of Long-Term Care: JJ Maskowitz on the Importance of Proper Documentation for Long-Term Care Providers

In an article published in Annals of Long-Term Care on March 17, 2021 Partner James “JJ” Maskowitz discusses the importance of proper documentation for long-term care providers. “The swiftness of the global spread of the novel coronavirus caught many public health professionals and government leaders off guard and made for a chaotic and reactive situation

Stimulus Checks and Child Support

Written by: Kaitlin Romanelli Myers, Esq. Another round of stimulus checks have been approved for qualifying individuals for $1,400. Stimulus checks have raised many questions about whether these payments can be seized for child support arrears.   Individuals who are current on their child support payments do not have to be worried about their payments being seized for

Landlord Liability for Tenant Social Guests—Big News in Georgia Premises Liability Law—particularly for defense practitioners

Written by: Jeffery Randolph Saxby, Esq. On March 15, 2021, the Georgia Supreme Court issued a split decision (6-3) which upheld the giving of a licensee status jury charge (owed a lesser duty to avoid causing willful or wanton injury) with respect to an individual who was argued to be either a social guest of

Part B News: Lisa Munoz Discusses ONC Regulations on the Protection of Patient Data

In an article published by Part B News, Partner Lisa Munoz is quoted discussing the implications of new Office of the National Coordinator for Health IT (ONC) regulations regarding the protection of patient data. While some HIPAA flexibilities have been enacted in response to COVID-19, HIPAA security and privacy rules still require that patients’ protected

Vaccinate All Educators by April 2021? Acceleration of COVID-19 Vaccination Rollout in Georgia Through the Federal Retail Pharmacy Program

Written by: Jacquelyn S. Clarke and Michael V. Profit On March 2, 2021, President Biden announced an expansion to the existing protocols governing rollout of the COVID-19 vaccine, through which a goal newly prioritized by the federal government was announced: provide first-shot vaccination, by the end of March 2021, of pre-K through twelfth grade educators,

Facebook Ordered to Pay $650 Million For Violation of Illinois’ Biometric Information Privacy Act

Written by: Richard Sheinis, Esq. The Biometric Information Privacy Act (“BIPA”) is an Illinois statute that prohibits the use of biometric identifiers or information without prior notification and written consent.   Facebook ran into trouble when a lawsuit was filed in 2015 alleging Facebook violated BIPA by tagging photos using facial recognition without their consent. Facebook

Brazil and EU Data Breach Notification Guidance

Written by: Brett Lawrence, Esq. Brazil and the European Union recently issued further guidance on the procedures for handling and reporting a data breach. While Brazil finally published guidance before the law is to take effect, the European Union (“EU”) issued contextualized guidance for the types of data breaches that controllers usually experience. Brazil Brazil’s data

Canada Industry Group Releases Digital Advertising Policies

Written by: Charles R. Langhorne, IV, Esq. In 2020, Canada announced that its legislature was planning to revamp the existing federal legislation (PIPEDA). The understanding is that it will lead to a more GDPR-esque framework of data privacy. The goal of these policies is to govern the direction of IAB Canada’s role in shaping the

Ecuador Data Privacy Law Debated in Congress

Written by: Brett Lawrence, Esq. Ecuador may soon be another country to enact general data privacy legislation. Introduced in September 2019, Ecuador’s Data Protection Bill (the “Bill”) nearly mirrors the European Union’s General Data Protection Regulation (“GDPR”). The Bill has 76 articles and 12 chapters; we summarize some of the fundamental provisions below. Jurisdictional Reach

Risk & Insurance: John E. Hall, Jr. Discusses Liability Risk of COVID-19 Vaccines

In an article published by Risk & Insurance, Founding Partner John E. Hall, Jr. is quoted discussing the liability risk associated with COVID-19 vaccines. As millions are vaccinated, health care professionals and hospitals face potential liability issues ranging from adverse reactions to mishandling dosage requirements. Exacerbating the situation is the variance in vaccine delivery method

Custody Mediation in North Carolina

Written by: Kaitlin Romanelli Myers, Esq. North Carolina requires parents and parties to attend court ordered custody mediation before they can have a hearing regarding custody. If parents cannot come to an agreement regarding custody on their own, they will have to attend custody mediation. There are limited circumstances in which this can be waived,

Res Judicata in Workers’ Compensation Claims

Written by: Ann Baird Bishop, Esq. In a case decided October 29, 2020, the Court of Appeals held, among other things, that while the doctrine of res judicata applies in workers’ compensation cases, it does not preclude litigating a request for certain medical treatment a second time.  In Trejo-Valdez v. Associated Agents et al. (A20A1499,

Georgia Governor Kemp Clarifies Quarantine Requirements for “Fully Vaccinated” Long-Term Care Facility Staff and Residents

Georgia Governor Brian Kemp has extended the state Public Health State of Emergency (Executive Order 02.26.21.01) due to COVID-19 through April 6, 2021…

Georgia Workers’ Compensation Insurance Policy – A Brief Discussion

Written by: Rayford H. Taylor, Esq. Georgia employers are generally aware they must purchase and maintain workers’ compensation insurance to operate within the state. Those employers obtain coverage for themselves and their employees, but often do not pay attention to the types of coverages included in a workers’ compensation and employer’s liability insurance policy. This

“Employers in Wait-and-See Mode Over Possible DOL Guidance on Refusal to Work,” Society for Human Resource Management

In an article published by the Society for Human Resource Management on February 12, 2021, Partner Jacqueline Voronov is quoted discussing employees’ rights to refuse unsafe work and still receive unemployment compensation under a proposal in the Biden administration’s January 22 Executive Order. But legal experts have expressed concern that the guidance could lead to

Separation Agreements in North Carolina

Written by: Kaitlin Romanelli Myers, Esq. If you are considering a separation and divorce, you may be wondering, “do I need a separation agreement?” or “what is a separation agreement?” A separation agreement is a contract between you and your spouse that can settle various aspects of your divorce privately and out of the court system.

Five Hall Booth Attorneys Selected as Rising Stars in the 2021 Georgia Super Lawyers Magazine

In the 2021 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 five of its attorneys are on the list of Rising Stars. Attorneys Joel McKie, Sean Cox, Paul Trainor , Erin Coia and Jacob Raehn of the

HBS Adds Keane To Its Saddle Brook Office

SADDLE BROOK, N.J. – February 17, 2021 – Hall Booth Smith, P.C. (HBS) is delighted to welcome Attorney Joseph A. Keane to its growing office in Saddle Brook, New Jersey, as the firm expands in the greater New York region. Joseph focuses his practice on all aspects of labor and employment matters. He defends employment

If You Engage in COVID-19 Vaccine Administration, Federal Law Under the PREP Act Protects You from Civil Liability

Written by: Sandra Mekita Cianflone, Esq. You are entitled to PREP Act Immunity when: You are a “Covered Person,” because you are a licensed medical provider or a facility/practice; You are engaging in a “recommended activity,” because you are administering an FDA-approved COVID-19 vaccine; The alleged injury is causally related to the administration of the

Six Hall Booth Attorneys Selected as Super Lawyers in the 2021 Georgia Super Lawyers Magazine

In the 2021 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 eight 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

Montana Signs COVID-19 Immunity Provision into Law

Written by: Sandra Mekita Cianflone, Esq. On February 10, 2021 Montana Governor Greg Gianforte signed Senate Bill 65 which revises some Montana Civil Liability Laws surrounding COVID-19. This law is effective from February 10, 2021 through January 1, 2031. The rationale in passing this bill is to improve Montana’s economy and encourage people to engage

Society for Human Resource Management: Jacqueline Voronov on Employee Rights to Refuse Unsafe Work & Consequences

In an article published by the Society for Human Resource Management on February 12, 2021, Partner Jacqueline Voronov is quoted discussing employees’ rights to refuse unsafe work and still receive unemployment compensation under a proposal in the Biden administration’s January 22 Executive Order. But legal experts have expressed concern that the guidance could lead to

Federal Court Denies Remand and Grants Dismissal Based upon PREP Act

Written by: Sandra Mekita Cianflone, Esq. and Laura Hall Cartner, Esq. On February 10, 2021, James V. Selna in the Central District of California denied Plaintiffs’ Motion to Remand and granted Defendants’ Motion to Dismiss in Garcia v. Welltower OpCo Group LLC, et al. He found that the PREP Act applied to Defendants and completely

Seniors Impacted by Dual Health Crises: COVID & Opioid Misuse

Elderly people are facing a confluence of health crises right now: COVID-19 and opioid misuse. Seniors are already the most heavily impacted population for COVID-19 hospitalizations and death rates, and a concurrent acceleration of opioid misuse places additional stress on vulnerable seniors. In 2018, Medicare recipients were given an average of 5 opioid prescriptions and

In Memoriam: HBS Partner Terrell W. Benton, Jr. Has Passed Away

Longtime Hall Booth Smith Partner and dedicated civic leader Terrell W. Benton, Jr. has passed away. In a legal career that spanned half a century, Terrell represented numerous public school districts in Georgia. He served as General Counsel to the Clarke, Oconee and Walton County School Districts for several decades. He was deeply involved in

HBS Of Counsel John Parkerson to Serve as Director of the Ecuadorian-American Chamber of Commerce Southeast USA’s Advisory Board of Directors

HBS International Business Attorney John Parkerson has accepted an invitation from the Ecuadorian-American Chamber of Commerce Southeast USA to serve as a Director on the chamber’s Advisory Board of Directors.  The non-profit entity was established in 2006 with the purpose of encouraging commercial development between Ecuadorians residing in the Southeast USA and companies based in

5th Circuit Overturns $4.3 Million HIPAA Penalty

Written by: Brett Lawrence, Esq. On January 14, 2021, the United States Court of Appeals for the 5th Circuit overturned a $4.348 million fine issued by the Department of Health and Human Services (“HHS”) for alleged HIPAA violations against the University of Texas M.D. Anderson Cancer Center. Factual Background The case arose as a result

FTC Settles Two Data Privacy Allegations

Written by: Brett Lawrence, Esq. Last month, the Federal Trade Commission (“FTC”) settled two allegations against two companies surrounding the unfair and deceptive use of facial recognition software and disclosure of health data. Everalbum, Inc. The FTC alleged that Everalbum, Inc., a California-based developer of a photo app called “Ever,” deceived consumers about its use

States Introducing Privacy Legislation

Written by: Charles R. Langhorne IV, Esq. 2021 is off to a hot start with many states introducing private sector privacy legislation. In this article I will outline: Virginia Washington Oklahoma New York Minnesota Virginia Virginia seems to be on track to win the race for the quickest to pass a privacy law. The Consumer

What Is The Status Of Personal Data Transfers Between the EU and the UK?

Written by: Richard Sheinis, Esq. On December 24, 2020, the EU-UK Trade Cooperation Agreement was announced.  This Agreement contained an adequacy “bridge” so that the EU will treat the UK as an adequate jurisdiction for purposes of the protection of personal data for up to 6 months.  During this period, the EU is to assess

H-1B Lottery System To Remain Unchanged for 2021

Written by: Ashik R. Jahan, Esq. On Jan. 7, US Citizenship & Immigration Services (USCIS) announced the H-1B Selection final rule, which amended the regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions. In short, under the Trump Administration, the H-1B lottery system would be modified to

Major EHR Vendor Settles False Claims Act Allegations

Health IT company Athenahealth, a major developer and vendor of electronic health record (EHR) services, agreed to pay over $18 million to settle federal False Claims Act allegations related to purported kickbacks from 2014 to 2020…

Healthcare Risk Management: Richard Sheinis on Overturning of $4.3 Million HIPAA Violation Penalty

In an article published by Healthcare Risk Management on February 5, 2021, Partner Richard Sheinis is quoted discussing lessons learned from a $4.3 million HIPAA violation penalty that was overturned. The penalty was imposed on the University of Texas M.D. Anderson Cancer Center by the Department of Health and Human Services’ Office for Civil Rights

Two HBS Attorneys Included on 2021 North Carolina Super Lawyers and Rising Stars List

In the 2021 edition of the North Carolina Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) has been recognized for its outstanding legal work as two of its attorneys are on the list of Super Lawyers and Rising Stars. Isaac Northup has been selected to the Super Lawyers list and Martha Bradley

Hall Booth Smith Names Blauvelt, Morrison, and Smith as Partners

ATLANTA – February 3, 2021 – Hall Booth Smith, P.C. (HBS) has named three new partners as the firm elevates leaders and recognizes their outstanding service to clients. Joining the firm’s partnership ranks are Danielle S. Blauvelt in Nashville, Elizabeth F. Morrison  in Charleston and Mariel E. Smith in Columbus. Danielle S. Blauvelt specializes in

Who Gets Custody?

Written by: Kaitlin Romanelli Myers, Esq. The answer is, it depends. In North Carolina, there are two ways custody can be decided, by consent, or by a judge following a custody hearing. North Carolina strongly favors parents working together to make a custody determination. When parents come together and form an agreement on their own,

In Memoriam: Terrance “Terry” Sullivan, Of Counsel at Hall Booth Smith

A pillar of the Hall Booth Smith family for the past 40 years has passed away. Terrance “Terry” Sullivan, who served as Of Counsel at Hall Booth Smith, died peacefully at his home surrounded by family on January 16, 2021. Terry will be remembered by colleagues for his passion for advancing the legal profession, for

Hall Booth Smith Adds Two Associates as Tennessee Offices Expand

MEMPHIS AND NASHVILLE, TN – January 27, 2021 – Hall Booth Smith, P.C. is pleased to welcome two new associate attorneys in Tennessee as its offices in Memphis and Nashville expand. Jared Davenport is based in Memphis, and he defends clients in a wide variety of litigation related to medical malpractice, health care, professional malpractice

President Biden Plans Sweeping Immigration Changes

Written by: Ashik R. Jahan, Esq. President Biden plans sweeping immigration changes, including a bill that would provide a path to citizenship for an estimated 11 million undocumented immigrants living in the United States; create an earned path to citizenship for Dreamers, farm workers, those in temporary protected status and essential workers, who risk their

Hall Booth Smith Adds Three Attorneys Amid Florida Expansion

JACKSONVILLE, NORTH PALM BEACH and TAMPA, FL – Jan. 20, 2021 – Hall Booth Smith, P.C. (HBS) welcomes three new attorneys at its offices in Florida as the firm expands to serve client needs in the Sunshine State and beyond. William T. Viergever is Of Counsel in North Palm Beach, and he brings more than

Nicki Minaj Demonstrates the New Cost of the Sampling of Copyrighted Music without a License

Written by: Aris C. Rotella, Esq. Fair-use is the first defense of creatives experimenting with copyrighted material. Whether it be an amateur filmmaker utilizing copyrighted footage in their YouTube video compiling their favorite movies of 2020, or a burgeoning Spotify artist sampling and transforming copyrighted music into something new, these creatives rely on the various

How Long Does it Take to Get a Divorce in North Carolina?

Written by: Kaitlin Romanelli Myers, Esq. The length of time it takes to get a divorce depends on each individual case. The first thing you should know is that North Carolina requires that spouses be separated for one (1) year before they are able to file for divorce. This means that the two spouses must

Defending Deliberate Indifference Claims

Brunswick Partner Beth Boone has been published in the Winter 2020 edition of CorrDocs, the newsletter of the American College of Correctional Physicians. Her article is titled “Defending Deliberate Indifference Claims” and can be read here.

Hall Booth Smith Welcomes Kaitlin Romanelli Myers to Asheville Office

ASHEVILLE, NC – January 13, 2021 – Hall Booth Smith, P.C. (HBS) welcomes Kaitlin Romanelli Myers as an Associate to its growing office in Asheville, North Carolina. Kaitlin focuses her practice on family law, insurance defense and general liability matters. She represents clients in a wide range of family law disputes and civil litigation including

New York Proposes Biometric Privacy Law

Written by: Charles R. Langhorne IV, Esq. On January 6, 2021, New York legislators introduced the Biometric Privacy Act (“BPA”) to protect the rights of New York residents whose biometric information has been collected, used, or stored by a private entity. Not surprisingly, BPA does not apply to state or local government entities. BPA imposes

EU Council Releases Draft ePrivacy Regulation

Written by: Brett Lawrence, Esq. On January 5, 2021, the Council of the European Union released a new draft version of the ePrivacy Regulation. The draft regulation is intended to replace the current ePrivacy Directive since the European Commission approved the first draft ePrivacy Regulation back in January 2017. In fact, this new draft version

No Solution Yet For The Transfer of Personal Data from EU to the US

Written by: Richard Sheinis, Esq. The transatlantic transfer of personal data from the EU to the US is still a mess.  Since the EU Court of Justice struck down the EU-US Privacy Shield in July 2020, and called into question the validity of the EU’s standard contractual clauses, a solution to allow transfer of personal

Proposed Changes to HIPAA Privacy Rule

Written by: Sean Cox, Esq. On December 10, 2020, the Trump administration announced proposed changes to the HIPAA privacy rule. According to the announcement, the changes are intended to “support individuals’ engagement in their care, remove barriers to coordinated care, and reduce regulatory burdens on the health care industry.” The most important changes relate to

Another Casualty of the COVID-19 Pandemic: Resolution of Opioid Litigation

The COVID-19 pandemic continues to cause countless disruptions to everyday life, including resolution of one of the largest civil cases in U.S. history — the landmark opioid litigation. Tens of billions of dollars are at stake as more than 3,000 cities, towns, municipalities and Native American tribes seek a settlement in trials against some of

Hall Booth Smith Hires Five Associates in Georgia as Firm Grows

ATLANTA – Jan. 6, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome five new associate attorneys to its offices in Georgia as the firm expands to meet the needs of clients across the Southeast. Paul E. Petersen, III is an Associate in our Atlanta office who defends clients in a wide range

Updates to Georgia’s Nursing Home Medicaid Financial Limits and Medicare Increases

As 2021 quickly approaches, the updated financial limitations for Nursing Home Medicaid and increases to Medicare costs have been released. While the new limits have been released, the Public Health Emergency (“PHE”) remains in effect until January 20, 2021…

Court of Appeals Finds Hospital Lien Still Enforceable Against Insurers After Policy Limits Settlement

Written by: James G. Smith, Esq. The Georgia Court of Appeals recently issued a decision in the case of Tift Regional Medical Center Foundation, Inc. v. Geico General Insurance Company[1] which underscores the critical importance of being aware of and addressing perfected liens prior to entering into a settlement, particularly with a pro se Plaintiff. 

HHS proposes major changes to HIPAA’s Privacy Rule

The U.S. Department of Health and Human Services (HHS) recently published proposed modifications to the HIPAA privacy rule, which, if finalized, would significantly impact Covered Entities’ responses to records requests.

Vodafone Fined €12.25 Million by Italian Data Protection Authority

Written by: Brett Lawrence, Esq. On November 12, 2020, Vodafone, the multinational telecommunications company, was fined €12.25 million by Garante, Italy’s data protection authority. The fine is the third largest ordered by the regulator. Garante’s investigation was prompted by hundreds of complaints of unwanted telephone calls by Vodafone promoting its services. The investigation unveiled an information

Facebook Fined $50,000 for Violating Russian Data Localization Law

Written by: Brett Lawrence, Esq. As of 2016, Russia requires all technology companies who collect and process the personal data of Russian citizens to store that data on servers located in Russia. Recently, Russian authorities discovered that Facebook was not complying with this law and subsequently levied a fine of 4 million ruble ($53,000) against the

Zoom Settles Alleged Unfair & Deceptive Practices with Federal Trade Commission

Written by: Charles R. Langhorne IV, Esq. In November, the U.S. Federal Trade Commission (the “FTC”) released a Consent Agreement outlining the terms of the settlement the FTC reached with Zoom communications regarding alleged unfair and deceptive practices. The Complaint by the FTC which led to the Consent Agreement, alleged that Zoom mislead users in 3

HHS Proposed Regulatory Reform Rule Will Require Vigilant Monitoring

Written by: Angela Tompkins, MSHA, RN, Esq. Earlier this month, The Department of Health and Human Services (HHS) issued a notice of proposed rulemaking requiring the Department to assess its regulations every ten years to determine whether they are subject to review under the Regulatory Flexibility Act (RFA), which requires regular review of certain significant

CDC Federal Advisory Committee Recommends Giving Priority for COVID-19 Vaccines to Healthcare Workers and Long-Term Care Facility Residents in Wake of Deadline for States to Submit Their Vaccination Plans This Friday

Written by: Alex Battey, Esq. and Paige Nettles, Esq. On Tuesday, December 1, 2020 the independent Advisory Committee on Immunization Practices (ACIP), a panel advising the Centers for Disease Control and Prevision on the implementation of COVID-19 vaccinations, voted 13-1 in favor of giving priority to healthcare workers and long-term care facilities for the vaccine. 

Four HBS Attorneys Included on 2020 Mid-South Super Lawyers and Rising Stars List

In the 2020 edition of the Mid-South Super Lawyers magazine, the law firm of Hall Booth Smith (HBS) has been recognized for its outstanding legal work as four of its attorneys are on the list of Super Lawyers and Rising Stars. Partner David Proctor of the Birmingham office was recognized as a  Mid-South Super Lawyer.

Opioid Overdose Deaths Surge During COVID-19 Pandemic, Alarming Health Officials

The number of Americans dying from opioid overdoses surged dramatically in 2020 while the coronavirus pandemic was raging, causing alarm among public health officials and setting the stage for an increase in opioid litigation. More than 81,000 drug overdose deaths occurred in the 12 months ended May 2020, according to provisional data from the U.S.

CMS Releases New Podcast Series for Frontline Staff of Nursing Homes to Prevent Spread of COVID-19

Written by: Alex Battey, Esq. and Laura Hall Cartner, Esq. In early 2019, The Centers for Medicare and Medicaid Services created a podcast entitled “CMS Beyond the Policy,” describing podcasts as a “modern, user-friendly” method of keeping their audience informed about Agency developments. Past episodes are available on iTunes and at https://www.cms.gov/podcast. Some past topics

CMS Issues “Holiday Leave Recommendations Letter” for Nursing Homes, Residents, Resident Family Members, and Staff

Written by: Laura Hall Cartner, Esq. and Kathleen Wilkinson, Esq. This year, the holiday season certainly looks a little different in light of the ongoing COVID-19 pandemic. With varying limitations on visitation since March, this year will host a particularly unique holiday season for our nations nursing homes, caregivers, residents and their families. On November

New Changes to Stark Law and Anti-Kickback Statutes

Written by: Jordan Johnson, Esq. and Leanne Livingston, Esq. The Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently revised the federal self-referral Stark Law and safe harbors under the Anti-Kickback Statute (AKS). Before these changes, providers were faced with strict regulations

Georgia Apportionment Increase: Employer Negligence to be Added to Verdict Forms

Written by: Glenn E. Jones, Esq. Georgia employers, especially those who hire and employ drivers, have an additional conduit of risk and scrutiny based on a new ruling by the Georgia Supreme Court. Georgia juries may find an employer negligent based on what is found in an employee’s driving history, training history, or criminal background.

Hall Booth Smith Opens Tampa Office as Rivas, Maskowitz Join Firm

TAMPA, FLORIDA – November 19, 2020 – Hall Booth Smith, P.C. (HBS) is excited to announce a new office in Tampa as the firm expands to serve health care, aging services and insurance clients in the Central Florida region. The new Tampa office is located at 2202 N Westshore Blvd, Suite 200, Tampa, Florida 33607,

Texas District Court Rules That Providers Must Exhaust Patient’s Administrative Remedies to Preserve ERISA Standing

In Mission Toxicology, LLC v. UnitedHealthcare Insurance Company, the Western District of Texas ruled against several lab companies seeking enforcement of the right to payment under ERISA for lab services provided at certain Texas hospitals…

Estate Planning And The 2020 Election: Ten Planning Considerations

Written by: Wills, Trusts, & Estate Administration Apologies for the longer than usual article…. The 2020 presidential election is in the books. (Or is it)? Whether it is or isn’t, let’s look at some important planning considerations, especially for those who have a net worth individually of several million or more. Why those figures? Well,

Hall Booth Smith Adds Jones and Kelly to its Charlotte Office

CHARLOTTE, NC – November 16, 2020 – Hall Booth Smith, P.C. (HBS) has added Of Counsel Glenn E. Jones and Attorney Briana N. Kelly to its growing office in Charlotte, North Carolina. Glenn concentrates his practice on general liability, premises liability, medical malpractice and transportation matters. Rated AV Preeminent by Martindale-Hubbell, he has extensive experience

Major Health Insurer Forced to Amend Claim Processing Guidelines Due to Violation of Fiduciary Duties Under ERISA

The Northern District of California recently handed down remedies against United Behavioral Health (“UBH”), a subsidiary of UnitedHealth Group, related to violations of its fiduciary duties owed to its insureds…

Turkey Places Data Localization Requirement on Social Network Providers

Written by: Brett Lawrence, Esq. Last December, we discussed India’s proposed Personal Data Protection Bill and the implications of its data localization requirement. It appears Turkey has now promulgated a similar requirement. Overview On July 29, 2020, Turkey’s legislature, the Turkish Grand National Assembly, approved the passing of Law No. 5651, an amendment to the country’s

European Lawsuit Accuses Uber of “Robo-Firing” Drivers

Written by: Richard Sheinis, Esq. A lawsuit has been filed with a court in the Netherlands challenging Uber’s alleged practice of using automated systems to identify fraudulent activity and terminate drivers based on that process, also known as “Robo-Firing”. This practice, which Uber denies, would potentially violate Article 22 of the GDPR.  Article 22 protects data

Amazon Subject of Illinois Biometric Information Privacy Act Lawsuit

Written by: Charles R. Langhorne IV, Esq. Recently three plaintiffs filed a class-action lawsuit alleging that Amazon violated Illinois’ Biometric Information Privacy Act (“BIPA”), by collecting and storing “voiceprints” without the users’ consent. Voiceprints Amazon has a software product called Amazon Connect that companies use to run call-centers. One company with whom Amazon has partnered Pindrop

For the Eleventh Year HBS Recognized as One of The “Best Law Firms” in the 2021 Ranking By U.S. News & World Report

Hall Booth Smith has once again been recognized as one of the “Best Law Firms” by  U.S. News & World Report and Best Lawyers® in the 2021 ranking. This is the firm’s eleventh year to receive this honor. Firms included in the 2021 “Best Law Firms” list are recognized for professional excellence with consistently impressive

Hall Booth Smith Names Six New Partners

ATLANTA – November 6, 2020 – Hall Booth Smith, P.C. (HBS) has named six new partners as the firm elevates leaders and recognizes their outstanding service to clients. Joining the firm’s partnership ranks are Abe Varner, J. Felicia LeRay, and Paul Trainor in Atlanta; Hank Pittman and J.D. Dean in Tifton; and Spencer Craig Gill

New Developments in AI Technology Offer a Glimpse of the Future of Long Term Care: Balancing Resident Care with Safety in Light of Necessary Pandemic Precautions

Written by: Laura Hall Cartner, Esq. and Anthony Petrozza, Esq. COVID-19 has disproportionately impacted long term care facility residents and staff. While most of us take pause to reflect on the sheer tragedy of the effect this virus has had on our elder population, those working in long term healthcare remain continually vigilant in their

Supreme Court Quietly Hammers Fifth Circuit in Conditions of Confinement Case, Reversing Qualified Immunity Ruling

Written by: Phillip E. Friduss, Esq. This past Monday, in a per curiam decision (Justice Barrett not participating; Justice Alito concurring to suggest cert should not have been granted, but otherwise concurring with the judgment; and, Justice Thomas, dissenting without written opinion) the Supreme Court reversed and remanded a Fifth Circuit conditions of confinement qualified

Around the Globe with Berkshire Hathaway

Hall Booth Smith international business attorney John Parkerson will serve as a panelist in a series of webinars sponsored by Berkshire Hathaway HomeServices | Georgia Properties. The second webinar in the series, “Around the Globe with Berkshire Hathaway HomeServices – Dubai” is on November 11 at 9:00 am ET, and it will cover the various

California Privacy Rights Act Passed By California Voters

Written by: Rich Sheinis, Esq. and Brett Lawrence, Esq. The votes are in and California’s citizens have spoken, the California Privacy Rights Act (“CPRA”) is now law. Known as CCPA 2.0, CPRA increases the privacy obligations of businesses already subject to the requirements of California’s 2018 California Consumer Privacy Act (“CCPA”). Though not nearly discussed

HBS Welcomes Associates Anderson and Barrow in Charleston Office

CHARLESTON, S.C.– November 4, 2020 – Hall Booth Smith, P.C. is delighted to welcome Attorneys Kevin J. Anderson and Thomas A. D. Barrow as Associates to its growing office in Charleston, South Carolina. Anderson focuses his practice on professional negligence, medical malpractice, aging services and a wide range of general liability matters. Prior to joining

Supreme Court Takes on New Fourth Amendment Case

Written by: Phillip E. Friduss, Esq. Last week, the Supreme Court agreed to hear Lange v. California, Docket No. 20-18, where the issue has been coined in two different, but similar ways: Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an

Why Everyone Needs a Will—Dispelling Some Common Misperceptions

Written by: Wills, Trusts, & Estate Administration Everyone needs a Will.  This is really not an overstatement, whether you own very few assets or have assets worth tens of millions of dollars.  A Will makes things easier upon your loved ones after your death and makes the process of administering or probating your estate much

HBS Welcomes Hickman to its Brunswick Office

BRUNSWICK, GA – October 21, 2020 – Hall Booth Smith, P.C. (HBS) has added Attorney Matthew Hickman to its Brunswick office. Matthew, a native of Saint Simons Island, Georgia, will focus his practice on a wide range of commercial, healthcare, and general liability matters. Prior to joining HBS, Matthew clerked for the Honorable Judge Lisa

U.S. National Privacy Legislation Introduced: The SAFE DATA Act

Written by: Richard Sheinis, Esq. Sen. Roger Wicker, R-Miss., along with three other Republican senators who are members of the Senate Commerce Committee, has introduced yet another national privacy legislation bill, known as the SAFE DATA Act. The full name of the bill is the “Setting an American Framework to Ensure Data Access, Transparency and

Facebook Appeals Order from Irish Data Protection Commission

Written by: Charles R. Langhorne IV, Esq. In August 2020, the Irish Data Protection Commission (the “DPC”) issued a preliminary order to Facebook requiring Facebook to suspend data transfers to the U.S. that involve personal data of EU residents. This is the DPC’s first action to enforce the Schrems II ruling issued by the Court

H&M Fined for GDPR Violation

Written by: Charles R. Langhorne IV, Esq. On October 1, 2020, the Data Protection Authority of Hamburg (“DPA”), announced a fine of €35.3 million ($41.3 million) against multinational retail company H&M. The fine is based on excessive monitoring of H&M employees in Germany in violation of GDPR. This is the second-largest fine a single company

California’s CPRA Is Appearing on Next Month’s Election Ballot

Written by Brett Lawrence, Esq.  Although the upcoming presidential election is currently dominating the political and media discourse, in the data privacy and security world, California’s 2020 ballot has been the recipient of much discussion. This is because the California Privacy Rights Act (“CPRA”) is on this year’s November ballot and can be potentially voted

Revisions to Georgia’s Medicaid Application Process for Providers during the Public Health Emergency

COVID-19 continues to affect applicants for Georgia Medicaid. Based on the PHE declaration in March 2020, DFCS altered its verification process for the Medical Assistance Program…

Federal Judge Rules Against Trump’s Non-Immigrant Visa Proclamation

Written by: Ashik Jahan, Esq. Judge Jeffrey S. White of the U.S. District Court of Northern California granted a preliminary injunction filed by several associations that had challenged the validity of President Trump’s Proclamation 10052, which suspended the issuance of nonimmigrant work visas (particularly J, L, and H category visas) in June of 2020 for a

Hall Booth Smith Adds Three New Partners in New York City Office

NEW YORK, NY – October 6, 2020 – Hall Booth Smith, P.C. is pleased to welcome three experienced partners to its growing office in New York City as the firm expands its medical malpractice team. Anthony “Tony” Venditto is a Partner with three decades of experience in the courtroom. He has defended numerous hospitals, nursing

HBS Welcomes Albritton to its Columbus Office

COLUMBUS, GA – October 5, 2020 – Hall Booth Smith, P.C. (HBS) has added Attorney Halton T. Albritton, Jr. (“Tony”) to its Columbus office. Tony will focus his practice on medical malpractice, government liability, insurance defense and premises liability matters. Prior to joining HBS, Tony practiced at a firm in Valdosta, Georgia, where he worked

The Georgia Department of Community Health Extends Deadline for Fingerprint Background Checks for Existing Staff

In May 2018, Georgia passed the Georgia Long-term Care Background Check Program, which required fingerprint criminal background checks of applicants for employment and direct access employees…

Significant Changes to Premium Processing

Written by: Ashik Jahan, Esq. A new federal funding bill also includes some significant changes to the premium processing service offered by the U.S. Citizenship and Immigration Services (USCIS). Presently, USCIS provides premium processing for limited cases with a filing fee of $1,440.00 and adjudicates such filings within 15 calendar days.  Highlights of the new

How “Open and Obvious” Begets “Plain and Palpable”: Appeals Court Rules for State University in Premises Suit

Written by: Jacquelyn S. Clarke, Esq. and Michael V. Profit, Esq. “Plain, palpable, and undisputed”: that phrase’s appearance in both briefs to the court supporting or opposing, or court orders on, motions for summary judgment underscores the challenge faced by the moving party. Without a settled factual basis, supported by law, summary judgment cannot be

USCIS Fee Increases Blocked by Preliminary Injunction

Written by: Ashik Jahan, Esq. USCIS fee increases were scheduled to go into effect on October 2, 2020. However, a federal judge granted a motion for a preliminary injunction blocking the fee increase. U.S. District Judge Jeffrey White wrote that he based his injunction on several factors. He said the Trump administration did not adequately

Florida Employer/Carriers Should Specifically Identify Each Body Part and the Type of Injury Accepted as Compensable

Written by: Rayford H. Taylor, Esq. The First District Court of Appeal (1st DCA) issued an opinion in the case of Julio Sanchez v. Yellow Transportation/Gallagher Bassett, which held the Claimant did not have to establish the workplace accident was the major contributing cause (MCC) for requested treatment.  The Judge of Compensation Claims (JCC) denied

HBS Welcomes Manikowski to its Atlanta Office

ATLANTA – September 28, 2020 – Hall Booth Smith, P.C. is happy to welcome Attorney Brian J. Manikowski to its Atlanta office as the firm expands its general liability practice to serve the needs of its clients. Prior to joining Hall Booth Smith, Brian worked at a regional insurance defense firm headquartered in Boston, Massachusetts,

Mastering Form WC-104

Written by: Ann Baird Bishop, Esq. For almost 20 years, the Workers’ Compensation Act has provided for unilateral conversion from temporary total disability benefits to temporary partial disability benefits in non-catastrophic claims where the claimant is released to light duty for 52 consecutive weeks or 78 aggregate weeks, provided the employer files a correct form

Georgia DPH Revises Guidance to Long-Term Care Facilities

Written by: Brittany H. Cone, Esq. and Jordan Johnson, Esq. On September 21, 2020, the Georgia Department of Public Health revised its September 15, 2020 Administrative Order to reflect certain portions of the most recent guidance from the Centers for Medicare & Medicaid Services. The revised Administrative Order to Long-Term Care Facilities maintains the “phase-based”

Patient Death Attributed to Hospital Ransomware Attack

Written by: Richard Sheinis, Esq. German authorities are investigating the death of a patient following a ransomware attack on a hospital in Germany.  The unknown perpetrators potentially face charges of negligent manslaughter.  Last Friday, a patient in need of urgent medical care was re-routed from the Düsseldorf University Hospital, to a hospital more than 30

Hall Booth Smith Creates Batch Claims & Class Action Task Force

ATLANTA – September 23, 2020 – Hall Booth Smith, P.C. has created a Batch Claims & Class Action Task Force to help clients put up a more strategic and effective defense amid a rise in collective redress litigation. The Batch Claims & Class Action Task Force is led by highly experienced attorneys who bring both

Georgia Court of Appeals Finds Insurer is Again Estopped from Raising Misrepresentation Defense

Written by: Patrick Fitzgerald, Esq. In Penn-Am. Ins. Co. v. Morgan Fleet Servs. Inc., 2020 WL 4726544 (Ga. Ct. App. Aug. 14, 2020), Penn-America Insurance Company (“Penn-America”) sought a declaration that its insurance policy with Morgan Fleet Services Inc. (“MFS”) was void on the ground that MFS’s application for insurance coverage stated that MFS “[i]nstalls

Since the Celebration at Studio 417, it has been Mudpie in the Sky for COVID-19 Business Interruption Claimants

Written by: Jacob Raehn, Esq. In the final days of summer, Federal District Courts from every corner of The United States have laid down orders both for, and mostly against, allowing plaintiffs’ COVID-19 business interruption claims to continue against their insurers. Thus, making the “unprecedented times” we are living in a thing of the recent

The Georgia Department of Public Health Issues Reopening Guidance to Long-Term Care Facilities

On September 15, 2020, Georgia Governor Brian Kemp issued another COVID-19 related Executive Order with significant impact on Long-Term Care Facilities, including nursing facilities and assisted living communities…

Judge Strikes Down Trump Administration’s Diversity Visa Ban

Written by: Ashik Jahan, Esq. Each year, the State Department uses a lottery system to select visa recipients from a broad array of countries that are underrepresented in the United States. In April, President Trump banned diversity visa (DV) recipients from entering the country.  However, a federal judge has ordered the Trump administration to resume

Is the European Hospitality Industry Ready for the Payment Services Directive 2?

Written by: Richard Sheinis, Esq. Many of you are probably asking what is the “Payment Services Directive 2 (PSD2)”, before worrying about being ready for it!  PSD2 is a Directive from the European Parliament (Directive (EU) 2015/2366) intended to modernize Europe’s payment services for the benefit of consumers and business, and to facilitate innovation, competition, and

Update In the Post-Schrems II Era and Guidance for the Use of Standard Contract Clauses

Written by: Richard Sheinis, Esq. It has been almost two (2) months since the EU Court of Justice struck down the EU-US Privacy Shield.  At the same time, while holding that the Standard Contract Clauses (“SCC”) in principle are still valid, the Court cautioned that SCC must still provide the level of protection guaranteed by the

Brazil’s LGPD To Take Effect In September

Written by: Charles R. Langhorne IV, Esq. In a wild turn of events over a few days at the end of August, Brazil’s Lei Geral de Proteção de Dados Pessoais (“LGPD”) will take effect on September 16, 2020, barring a presidential veto or another act of the Brazilian legislature. What is the LGPD? The LGPD is

CCPA Employee Carve Out Delayed Until 2022

Written by: Charles R. Langhorne IV, Esq. Businesses subject to the California Consumer Privacy Act (“CCPA”) can breathe a small sigh of relief. On August 30, 2020, the California Legislature passed AB 1281. AB 1281 extends the business-to-business and employee personal information carve outs until January 1, 2022. The bill is now headed to the Governor’s

2020 Biometric Data Update

Written by: Brett Lawrence, Esq. The utility of biometric data is more prevalent than it has ever been, primarily because developing technology has created a broad swath of convenient uses for it. It can help law enforcement authorities quickly target wanted individuals and also secure a business’ access to proprietary information. The best and most

Hall Booth Smith Adds Crawford To Its Columbus Office

COLUMBUS, GA – September 2, 2020 – Hall Booth Smith, P.C. (HBS) has added Attorney Amber N. Crawford to its Columbus office. Amber focuses her practice on estate planning, probate, guardianships and conservatorships, business transactions, commercial real estate and fiduciary matters. Prior to joining HBS, Amber spent several years at a firm in Newnan, Georgia,

Hall Booth Smith Attorneys Recognized in the Inaugural Best Lawyers: Ones to Watch Edition

Twenty lawyers from Hall Booth Smith, P.C. (HBS) have been honored in the inaugural edition of the 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

Hall Booth Smith Attorneys Honored By The Best Lawyers In America© 2021

Hall Booth Smith, P.C. (HBS) is pleased to announce 24 lawyers from the firm were honored in the 2021 edition of The Best Lawyers in America© . This award is based on an evaluation process that includes a collection of client and lawyer evaluations and peer reviews from attorneys in the same field. These HBS

Canada’s Supreme Court Addresses Genetic Data Privacy in Split Decision

Written by: Charles R. Langhorne IV, Esq. and Brock Wolf Last month, Canada’s Supreme Court upheld the constitutionality of provisions of its Genetic Non-discrimination Act (“GNDA”) with a 5-4 decision. In 2017, Canada’s federal government enacted the GNDA, establishing rules for businesses regarding genetic testing for diseases. Specifically, the GNDA prohibits requiring an individual to undergo

EDPB Issues FAQs After Schrems Decision

Written by: Charles R. Langhorne IV, Esq. and Brock Wolf Last month, the Court of Justice of the European Union (“CJEU”), Europe’s top court, struck down the EU-US Privacy Shield Framework. The Privacy Shield was created to allow businesses to transfer personal data to the United States from the European Union (“EU”). The decision not

Hall Booth Smith Welcomes Meiselas To Its Saddle Brook Office

SADDLE BROOK, N.J.– August 11, 2020 – Hall Booth Smith, P.C. is delighted to welcome Attorney William R. “Bill” Meiselas to its growing office in Saddle Brook, New Jersey, as the firm expands in the greater New York region. Bill focuses his practice on medical malpractice, health care, aging services and dental matters. Before joining

U.S. Customs and Border Protection Withhold Release Orders: Avoid and Prepare

Written by: John Parkerson, Esq. and Fanny Chac The U.S. Customs and Border Protection (“CBP”) has a responsibility to encourage importers to comply with U.S. laws and regulations and to help protect American consumers from harmful products.[1]  On July 15, 2020, CBP imposed a Withhold Release Order (“WRO”) on the subsidiaries of the world’s largest

Legislation Introduced to Put Limits on Use of Facial Recognition

Written by: Richard Sheinis, Esq. On August 4, 2020, yet more data privacy legislation was introduced by Senators Bernie Sanders and Jeff Merkley.  Titled “The National Biometric Information Privacy Act of 2020,”  this continues the trend of law makers introducing piecemeal, and frequently punitive, data privacy legislation rather than working on a single comprehensive data

Early CCPA Litigation is Underway as Walmart Faces Class Action Lawsuit

Written by: Brett Lawrence, Esq. and Brock Wolf Early last month, Walmart joined Minted Inc., Zoom, TikTok, and Salesforce.com to become the largest company targeted by a class action lawsuit following a data breach under the California Consumer Privacy Act (“CCPA”). On July 10, 2020, shortly after CCPA enforcement began on July 1, Lavarious Gardiner

Global Engagement in the “New Abnormal”

Hall Booth Smith international business attorney John Parkerson has been working with Pendleton Group and Global Atlanta to bring together local and international leaders for interactive, topical Zoom discussions on how communities can recast their global engagement in the “new abnormal” of the post-COVID world.  Thus far, the group has hosted four by-invitation-only sessions, each

11th Circuit Court of Appeals Holds For Third-Party Litigation Funders in Qui Tam Actions

Written by: Ricky C Benjamin, Esq., and Leanne Livingston, Esq. While False Claims Act (“FCA”) cases are expected to increase due to government funding for COVID-19 efforts, health care providers should also expect more litigation as the result of a recent 11th Circuit Court of Appeals ruling. Ruckh v. Salus Rehabilitation sets new precedent allowing a whistleblower

Expectations In Reopening A Dental Office In Consideration of COVID-19

Written by: Sandro Stojanovic, Esq. The Georgia Board of Dentistry (“the Board”) recently issued a position statement regarding guidelines for re-opening of dental offices in light of Covid-19 issues. First, the Board requires each dental office to follow the: 1) Critical Infrastructure Guidelines, 2) American Dental Association’s (ADA) Interim Guidance for Minimizing Risk of COVID-19

New York Federal Judge Strikes Down Several Key Parts of COVID-19 Paid Leave Regulation Including The Definition of “Health Care Provider”

Written by: Jacqueline Voronov, Esq. and Jeffrey M. Daitz, Esq. In a very pro-employee ruling, the U.S. District Court for the Southern District of New York struck down four (4) key provisions of the U.S. Department of Labor’s (“DOL”) regulations implementing the paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”).  The August

Hall Booth Smith Welcomes Donahue As Of Counsel To Its Charleston Office

CHARLESTON, S.C.– August 5, 2020 – Hall Booth Smith, P.C. is delighted to welcome Of Counsel Margaret “Meg” H. Donahue to its growing office in Charleston, South Carolina, as the firm expands its workers’ compensation practice. Meg represents employers and insurance carriers in coverage disputes, compensability to medically complex cases and toxic exposure in the

Nurse Charting in the Correctional Health Care Setting- Part 1

Written by: Beth Boone, Esq. There are differences in how a patient’s care and treatment is documented in the wide variety of settings in which health care providers practice. For example, a private practice neurology office may document with references to applicable insurance and billing codes, and use language that will allow an insurance carrier

Ferrari Loses Trademark Fight For World’s Most Expensive Car

Written by: HBS Intellectual Property Team Ferrari just lost a landmark trademark battle with an Italian rival auto maker over its 250 GTO, one of its most coveted sports cars that typically fetches 50 million pounds ($65 million USD) when one comes up for private sale or auction. The decision by the European Union’s Intellectual Property Office

Foreign Corrupt Practices Update: “A Resource Guide to the U.S. Foreign Corrupt Practices Act, Second Edition (2020)”

Written by: John E. Parkerson, Jr., Esq. Individuals and companies that currently or plan in the future to conduct cross-border business need to be knowledgeable about the US Foreign Corrupt Practices Act (“FCPA”) and its anti-bribery and accounting requirements.  Hall Booth Smith’s international business attorneys routinely assist clients with advice to help them to comply

HBS Hires Reinkall as Partner, Roberts as Associate in Miami Office

MIAMI – July 22, 2020 – Hall Booth Smith, P.C. is thrilled to welcome Christopher Reinkall as a Partner and Emily Roberts as an Associate as the firm’s Miami office grows to meet the needs of clients across South Florida. Reinkall has two decades of experience as a litigator who defends clients in high-stakes lawsuits

Phased Resumption of Routine Visa Services

Written by: Ashik R. Jahan, Esq. https://travel.state.gov/content/travel/en/News/visas-news/phased-resumption-routine-visa-services.html The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic.  As global conditions evolve, U.S. Embassies and Consulates are beginning a phased resumption of routine visa services. The resumption of routine visa services will occur on a post-by-post basis. However, the

Hall Booth Smith Opens 24/7 Data Breach Hotline to Serve Clients

Hall Booth Smith, P.C. has created a new 24/7 data breach hotline that businesses, governments and other organizations can call for immediate response and assistance on data and technology breaches. Security breaches, ransomware attacks, system compromise and cloud penetrations are a constant threat.  When an attack occurs, the dedicated Data Privacy and Security team at

Hall Booth Smith Adds Lange As Of Counsel To Atlanta Office

ATLANTA – July 20, 2020 – Experienced litigator John D. Lange has joined Hall Booth Smith, P.C. as Of Counsel in its Atlanta headquarters office, bringing decades of expertise to benefit clients in health care and beyond. John has more than 25 years of litigation experience and represents clients in aging services, construction, general liability,

Another Arrow in the Quiver or a Regulatory Risk? Analyzing SB 359’s Immunities for Georgia Providers in the Fight Against COVID-19 Liability

As Georgia continues to reopen, the Georgia General Assembly’s recent passage of Senate Bill 359, known as the “Georgia COVID-19 Pandemic Business Safety Act,” will provide relief to individuals and entities concerned with possible liability…

EU High Court Invalidates EU-US Privacy Shield Framework

Written by: Brett Lawrence, Esq. On July 16, 2020, the Court of Justice of the European Union (“CJEU”), Europe’s top court, struck down the EU-US Privacy Shield Framework. The Privacy Shield was created to allow businesses to transfer personal data to the United States from the European Union (“EU”). The CJEU premised its decision invalidating

Hall Booth Smith Adds Attorney Rylee Dillard To Growing Charlotte Office

CHARLOTTE, NC – July 15, 2020 – Hall Booth Smith, P.C. (HBS) has added Attorney Rylee Dillard to its growing office in Charlotte, North Carolina. Rylee focuses her practice on a wide variety of medical malpractice, general liability and workers’ compensation matters. Before joining HBS, she worked at an insurance defense firm in Charlotte where

China Publishes Draft Data Security Law

Written by: Brett Lawrence, Esq. and Brock Wolf After deliberating a draft Data Security Law from June 28 to June 30, 2020, China’s Standing Committee of the National People’s Congress (“NPC”) published the draft law on July 2, 2020. The draft law calls for China to develop a “standard, interconnected and interactive, secure and controllable”

South Africa’s Data Privacy Law Is Now In Effect

Written by: Charles R. Langhorne IV, Esq. South Africa’s newest data privacy law, the Protection of Personal Information Act (“PoPIA”) is now in effect. There is a 12-month grace period, and enforcement will not begin until July 1, 2021. The PoPIA applies to businesses that process personal information in South Africa, whether or not they

OFAC Puts Amazon in the Crosshairs

Written by: John E. Parkerson, Jr., Esq. Many individuals and businesses are aware that particular transactions that involve countries such as Cuba, Iran, North Korea, or Syria (just to name a few well-known examples – there are others) or with certain persons or entities engaging in particular activities (such as, for example, narcotics trafficking, global

Insurers Win First Battle in Fight Over Business Interruption Coverage For COVID-Related Closings — Michigan Judge Issues First Decision in this Billion Dollar Insurance Coverage Fight

Written by Duane L Cochenour, Esq. and Caitlin E. Correa, Esq. Hundreds of declaratory judgment actions have been filed across the country seeking business interruption coverage for shutting down businesses due to the coronavirus. It is shaping up as one of the biggest coverage battles in years with billions of dollars of losses at stake.

Hall Booth Smith Named As One Of “Atlanta’s Best And Brightest Companies To Work For®” For the Eighth Year

Congratulations to Hall Booth Smith’s Atlanta office for being recognized by the National Association for Business Resources (NABR) as one of “Atlanta’s Best and Brightest Companies to Work For®” in 2020. This is the eighth consecutive year HBS has received this honor. “Achieving this recognition from employee surveys is certainly rewarding,” said Cathey Turner, Firm

Georgia’s Senior Care Reform Bill Adds COVID-19 Requirements to New Legislation for Assisted Living Communities

On June 30, 2020, Governor Kemp signed House Bill 987, known as the Senior Care Reform Bill, into law. This legislation covers numerous topics related to Assisted Living Communities that go into effect on July 1, 2021, including…

CMS Issues ‘Frequently Asked Questions’ Document On Nursing Home Visitation

Written by: Drew Graham, Esq. and Laura Hall Cartner, Esq. On June 24, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued an updated set of Frequently Asked Questions (“FAQs”) regarding nursing homes and safe visitation to residents. While explicitly encouraging nursing homes to work with state and local authorities to maintain safety, CMS

Congress is All Talk And No Action When It Comes To Data Privacy

Written by: Richard Sheinis, Esq. In the last fifteen (15) months, no less than six (6) data privacy Bills have been introduced in the Senate.  Two of these Bills are specifically related to data collection and use in response to COVID-19.  This does not include the Data Accountability and Transparency Act of 2020, announced by

Fraud, Waste, and Abuse Potential During COVID-19 Signals Increase in Qui Tam Actions Against Healthcare Providers

Written by: Ricky C Benjamin, Esq., and Leanne Livingston, Esq. Increases in federal stimulus funding from Congress under Acts like the Provider Relief Fund, pose a real threat of Qui Tam actions under the False Claims Act against those in the healthcare industry or life sciences fields. Given the fast-paced nature of recent federal spending

CPRA to Appear on California’s November 2020 Election Ballot

Written by: Brett Lawrence, Esq. As businesses continue to prepare for the enforcement of the California Consumer Privacy Act (“CCPA”), which will begin on July 1, 2020, new privacy legislation is already on the way. On June 24, 2020, the Office of the Secretary of State of California announced that the California Privacy Rights Act

OVERVIEW OF STATE REGULATIONS RELATED TO PANDEMICS AND NURSING HOMES

Written by: Drew Graham, Esq. In May 2020, JAMDA (the official journal of the Society for Post-Acute and Long-Term Care Medicine) published a summary about the variability in state regulations regarding infection control and pandemic response in US nursing homes. The study reviewed existing regulations for all fifty states and the District of Columbia, focusing

Trump Administration Issues New Proclamation Suspending Entry for Certain Non-Immigrants through December 31, 2020

Written by: Ashik R. Jahan, Esq. President Trump’s latest Presidential Proclamation is effective as of June 24, 2020 and suspends entry of individuals in H-1B (specialty occupation), H-2B (temporary non-agricultural and seasonal workers), L-1 (multinational intracompany transferees) and J-1 (cultural and educational exchange visitors) visa categories, as well as their dependent family members, to the

US Supreme Court Holds That Title VII Protects Homosexual And Transgender Employees

Written by: Melanie V. Slaton, Esq.,  Mariel E. Smith, Esq., and Nicholas J. Garcia, Esq. On June 15, 2020, the Supreme Court of the United States (“SCOTUS”) delivered the landmark opinion in Bostock v. Clayton County, Georgia and broadened Title VII liability to include actions by an employer based on the homosexuality or transgender status of the individual

Hall Booth Smith Welcomes Livingston, Correa to Atlanta Office

ATLANTA – June 22, 2020 – Hall Booth Smith, P.C. is happy to welcome Associates Leanne Livingston and Caitlin Correa to its Atlanta headquarters office as the firm expands to serve the needs of clients. Livingston concentrates her practice on a wide range of health care services, ranging from litigation and transactional work to regulatory

Supreme Court of Georgia Overrules the Lunch Break Exception

On June 16, 2020, the Supreme Court of Georgia reversed the Court of Appeals and overruled the Supreme Court’s prior decision that developed the “lunch break exception…”

Impossibility of Performance in Non-UCC Contracts

Written by: Matthew Haan, Esq. The novel coronavirus and COVID-19 have caused devastating economic consequences in the United States. As thousands of businesses are forced to layoff or furlough employees—or worse, close operations—many landlords and tenants are wondering how the pandemic and related government closures affect their leases for commercial property. Some contracts have force

Applying Georgia Law, Eleventh Circuit Affirms Multi-Vehicle Collision Constituted a Single “Accident”

Written by: Elizabeth Fulton Morrison, Esq. On October 15, 2015, a truck driver crossed the center line and collided with two different vehicles, one after the other. The facts established that the truck driver truck did not correct the truck’s path before striking the second vehicle. Grange Insurance, who insured the truck, sought injunctive relief

Hall Booth Smith Adds Lawrence, Ferlan to Growing Charlotte Office

CHARLOTTE, NC – June 16, 2020 – Hall Booth Smith, P.C. has added Associates Brett Lawrence and Christian Ferlan as its office in Charlotte, North Carolina, continues to expand. Lawrence concentrates his practice on data privacy and security matters. Before joining HBS, he was a law clerk to the Honorable Lucy Inman of the North

GAO Reports To Senate On Pre-COVID-19 Infection Control Deficiencies In Nursing Homes

Written by: John E. Hall, Jr., Esq. and Drew Graham, Esq. In spring 2020, Senator Ron Wyden (D-OR) asked the Government Accounting Office (“GAO”) to analyze the Centers for Medicare & Medicaid Services’ (“CMS”) oversight of infection control in nursing homes. On May 20, 2020, GAO issued the first of several responsive reports, focusing on

Commercial Tenants Withholding Rent During and After the COVID-19 Pandemic

Written by: Matthew Haan, Esq. For nearly one month, Georgia was under a shelter-in-place order that only allowed “essential businesses” to remain open during the COVID-19 pandemic. When the shelter-in-place order expired at the end of April, many businesses were excited to re-open. However, in the time since Georgia began to slowly re-open its economy,

Hall Booth Smith Welcomes McHugh, Matthews to Brunswick Office

BRUNSWICK, GA – June 11, 2020 – Hall Booth Smith, P.C. is happy to welcome Stefanie T. McHugh and Mary L. Matthews to our office in Brunswick, Georgia, as our practice in the Golden Isles region continues to expand. McHugh is Of Counsel, and she concentrates her practice on wills, trusts, estate planning, fiduciary law,

The Eye of the Storm: Preparing for Post-COVID-19 Litigation

As the initial COVID-19 crisis begins to settle, another storm will be brewing as claims and lawsuits arise. Equally concerning is that by the time these cases come to resolution or trial, memories may have faded as to how seismic the changes in healthcare delivery were at this time – regardless of federal or state protections that were put in place.

Thailand Delays Data Protection Law Because of COVID-19

Written by: Richard Sheinis, Esq. Thailand’s Personal Data Protection Act was passed in May 2019, and was scheduled to go into effect May 27, 2020.  The Act is very similar to the European Union’s General Data Protection Regulation. Only a few days before the Act was to become effective, it was decided that 22 types

What Constitutes Provision Of An Alternate Physician In Florida?

Written by: Rayford H. Taylor, Esq. The First District Court of Appeal (First District) in City of Bartow v. Flores, 1D18-1927 (May 29, 2020) has certified a question of great public importance to the Florida Supreme Court on the issue of when a workers’ compensation carrier has “provided” an alternate physician pursuant to F.S. 440.13(2)(f). 

EDPB Issues Statement on Hungary’s Decree to Suspend Rights Bestowed to Data Subjects Under the GDPR

Written by: Brett Lawrence, Esq. On May 4, 2020, Hungary issued a governmental decree suspending the rights of data subjects under Articles 15 to 22 of the General Data Protection Regulation (“GDPR”) in an attempt to contain the spread of the COVID-19 pandemic. Such articles include giving individuals, whose personal data has been collected, the

Brazilian LGPD Effective and Enforcement Dates in Flux

Written by: Charles R. Langhorne IV, Esq. Brazil’s new data privacy law, the “LGPD,” was set to go into effect on August 15, 2020. The LGPD is based largely on the European Union’s GDPR. Due to the impact COVID-19 has had on businesses, the effective and enforcement dates have been delayed. Keeping track of the

Florida Attorneys S. William Fuller, Jr. and Angela M. Many Recognized In 2020 Florida Super Lawyers Magazine

June 9, 2020 – The 2020 edition of the Florida Super Lawyers Magazine recognized the law firm of Hall Booth Smith, P.C. (HBS) for its outstanding legal work, highlighting Tallahassee Partner S. William Fuller, Jr. on its list of Super Lawyers and North Palm Beach Attorney Angela M. Many on its list of Rising Stars.

COVID-19 May Worsen the Opioid Crisis

The rapid and unprecedented spread of the novel coronavirus has revealed massive gaps in our nation’s public health and support infrastructure, and some of the most vulnerable patients are those who are already fighting another epidemic: opioid addiction. In spite of extensive interventions, enormous amounts of funding, and the rapid expansion and easy availability of

Hall Booth Smith Hires J. Drew Piersa in North Palm Beach Office

NORTH PALM BEACH, FL – June 8, 2020 – Hall Booth Smith, P.C. is pleased to announce that J. Drew Piersa has joined our office in North Palm Beach, Florida, as the firm expands its medical malpractice, aging services and health care defense services. Piersa is an Associate who concentrates his practice on aging services,

Supreme Court Refuses to Stop Order to Move Inmates From Virus-Ravaged Prison

Written by: Phillip E. Friduss, Esq. Thus is the title of Adam Liptak’s New York Times coverage of the Ohio inmate transfer case, Williams v Wilson case we reported on last week. The piece begins: “The Supreme Court on Tuesday refused a request from the Trump administration to block a trial judge’s ruling that had ordered

An Unprecedented Time: Decarcerating and other Steps Being Taken in Georgia’s Jails and Prisons as the Result of COVID-19

Written by: Jennifer Dorminey Herzog, Esq. Because of policies of mass incarceration over the past four decades, the United States has incarcerated more people than any other country on Earth.[1]  Highly transmissible novel respiratory pathogens pose a challenge for incarcerated populations because of the ease with which they spread in congregate settings.[2]  The stage is

Dutch Court Goes Too Far In Enforcing Privacy Regulation

Written by: Richard Sheinis, Esq. A Dutch court has ruled that a grandmother is violating the EU’s General Data Protection Regulation by posting photographs of her grandchildren on her social media account without the consent of the children’s parents. The court’s ruling arose from a complaint filed by the children’s mother, who wanted the photographs

Relief for Commercial Landlords or Tenants in the Federal CARES Act?

Written by: Matthew Haan, Esq. In response to the hardship being felt by millions of Americans caused by the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Act contains a number of provisions designed to help individuals and businesses get through the severe economic downturn caused by the pandemic.

COVID-19 in Jails and Prisons – US Supreme Court Asked to Stay Ohio Injunction Requiring Transfer of Inmates

Written by: Phillip E. Friduss, Esq. There have now been any number of COVID-related challenges to the conditions of confinement in jails/prisons nationwide, especially with respect to the elderly inmate population.  Two weeks ago we reported on the Texas case that had made its way to the US Supreme Court.  That case, Valentine v Collier,

Do Opioid Patients Face Higher Risk During COVID-19 Treatment?

Learn more about our Opioid Task Force here. People struggling with opioid use disorder (OUD) and methamphetamine use may encounter more serious risks if they develop COVID-19 because of the way those drugs already affect their respiratory and pulmonary health. Those with substance abuse disorders are also more likely to be homeless or live in

Washington D.C. Amends Data Breach Notification Statute

Written by: Charles R. Langhorne IV, Esq. Washington D.C. amended its data breach notification statute at the end of March. The new law is set to take effect by June 13, 2020. This is the first update to the law since it was passed in 2007. Personal Information Defined Washington D.C. is following the national

Hall Booth Smith’s Ricky Benjamin to Lead Health Care Practice

ATLANTA – May 27, 2020 – Hall Booth Smith, P.C. is pleased to announce that Partner Ricky C. Benjamin will lead the firm’s growing health care practice group as clients across the health care sector encounter more qui tam whistleblower litigation, regulatory complexities and business challenges than ever before. Mr. Benjamin, who is based in

COVID-19 And Workers’ Compensation Liability Policy Coverage

Written by: Rayford Taylor, Esq.  It has been suggested that if an employee cannot obtain workers’ compensation benefits because of COVID-19, that employee might sue the employer under the employer’s liability portion of a workers’ compensation policy. For purposes of this discussion, workers’ compensation policies essentially consist of two parts.  Part One, known as Workers’

HHS Reduces Enforcement of HIPAA Violations for COVID-19 Community Based Testing Sites

Written by: Brett Lawrence, Esq.  On April 14, 2020, The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) announced it will exercise further enforcement discretion in easing back penalties for failing to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  The enforcement discretion has retroactive effect beginning

CMS PROVIDES GUIDANCE ON REOPENING NURSING HOMES

Written by: Drew Graham, Esq. Most nursing homes have been functioning at the highest level of vigilance for several weeks, restricting visitation, entry of non-essential healthcare personnel, and residents’ group activities. On May 18, 2020, the Centers for Medicare and Medicaid Services (“CMS”) offered its first recommendations for reopening nursing homes in the wake of

HBS Adds Intellectual Property Attorneys Daniel C. Miller and Rodney R. Miller As Partners

ATLANTA – May 21, 2020 – Hall Booth Smith, P.C. is excited to announce that highly experienced intellectual property attorneys Daniel C. Miller and Rodney Miller have joined the firm as Partners. Dan and Rodney join a growing intellectual property team that is led by Partner Karl Braun in our Nashville office and Partner Justin

Partner Jennifer Dorminey Herzog To Lead County Attorneys Section On ACCG Board Of Managers

Hall Booth Smith, P.C. congratulates Tifton Partner, Jennifer Dorminey Herzog, who was recently sworn in to serve on the 2020/2021 Association County Commissioners of Georgia (ACCG or Georgia’s County Association) Board of Managers as President of the County Attorneys Section. A native of Tifton, Georgia, Jennifer focuses her practice in the area of governmental liability

USPTO Offers Free Fast Track for Small Businesses on COVID-19 Applications

Written by: Karl Braun, Esq., Justin Kerenyi, Esq., Daniel Miller, Esq., and Rodney Miller, Esq. The United States Patent and Trademark Office is giving small businesses and micro entities priority examination without the usual fees in an effort to encourage continued investment in intellectual property related to COVID-19 during the coronavirus shutdown. To qualify for the new COVID-19 Prioritized

COVID-19 Pandemic Brings Force Majeure Clause To The Center Of Contract Negotiations

Written by: H. Buckley Cole, Esq. Force majeure clauses have been commonly found in contracts, often buried with numerous  “Miscellaneous Provisions” at the back of the contract.  They were rarely negotiated or litigated over.  But that state of affairs has changed quickly and these clauses will likely receive extensive scrutiny in the coming years because

Florida Long Term Care and COVID-19 Update

Written by: J. Drew Piersa, Esq. As of May 10, 2020, 703 residents or staff members of long-term care facilities have died from coronavirus related illnesses; accounting for 41% of Florida’s COVID-19 deaths. Florida health department officials stated that 220 facilities and 23,600 residents have been tested out of Florida’s 3,800 long-term care facilities. To

European Data Protection Board Calls Out Adtech Industry Over Cookie Consent Practices

Written by: Charles R. Langhorne, IV, Esq. As we continue to wait for the ePrivacy Regulation, the European Union is being left to govern cookie consent procedures on their own. Some individual member states are taking it upon themselves to issue guidance, while others sit back and wait. I wrote an article late last year outlining

CCPA 2.0 May Be On the November Ballot

Written by: Charles R. Langhorne, IV, Esq. The California Consumer Privacy Act (“CCPA”) is not set to be enforced until at least July, but just last week the group that spearheaded the CCPA ballot initiative in 2018 has submitted 900,000 signatures to put a new initiative, the California Privacy Rights Act (“CPRA”) on the November

European Data Protection Board Issues Guidelines On The Use of Location Data and Contact Tracing Tools In the Context of COVID-19

Written by: Richard Sheinis, Esq. Unlike the United States, where Senators are first introducing legislation to deal with the use of personal information in the context of COVID-19, the European Data Protection Board (“EDPB”) relies on established legislation to govern the use of location data and contact tracing tools.  (Hint: the U.S. needs to pass

Senators Introduce Bill to Protect Personal Data Amidst COVID-19

Written by: Richard Sheinis, Esq. On April 30, 2020, Republican Senators Wicker (MS), Thune (SD), Moran (KS) and Blackburn (TN), announced the introduction of the “COVID-19 Consumer Data Protection Act,” intended to protect health, geolocation and proximity data. These types of personal data are related to contact tracing, the process of identifying persons with whom

Telemedicine and Workers’ Compensation Fraud

Written by: Denise L. Dawson, Esq. Florida has taken steps to move forward into an enlightened age of technology but may be setting itself up for increased fraud from unscrupulous actors. As recently as last month, the State’s Chief Financial Officer, Jimmy Patronis, issued a statement on April 7, 2020 urging health insurers to take

Florida Long Term Care and COVID-19 Update

Written by: J. Drew Piersa, Esq. As of May 10, 2020, 703 residents or staff members of long-term care facilities have died from coronavirus related illnesses; accounting for 41% of Florida’s COVID-19 deaths. Florida health department officials stated that 220 facilities and 23,600 residents have been tested out of Florida’s 3,800 long-term care facilities. To

What Should Employers Do When Employees Refuse To Return To Work For Fear Of COVID-19?

Written by: Melanie V. Slaton, Esq.,  Mariel E. Smith, Esq., and Nicholas J. Garcia, Esq. As states struggle through the process of re-opening in the wake of COVD-19, many employers are also wrestling with the question of what to do about employees who refuse work due to safety concerns or in order to take advantage

Cyber Liability Insurance Coverage During Covid-19 Pandemic

Written by: Asya-Lorrene Morgan, Esq. and C. Michael Johnson, Esq. Overnight, COVID-19 created a need for a large teleworking population, which has left businesses more vulnerable to phishing schemes and other malicious cyber activity. The recent increase in remote desktop protocols (“RPDs”) has created a 127% increase in exposure endpoints.[1] Failure to reassess cyber threats

NC Grants COVID-19 Immunity to Health Care Providers and Essential Businesses

Written by: Jeffrey Steven Warren, Esq.  Since the onset of the COVID-19 pandemic, clinicians and policymakers alike have raised the alarm about potential legal liability for following crisis standards of care. All 50 states have issued an emergency declaration due to the COVID-19 pandemic. However, there has been extreme variation in whether states have implemented

Colliding Epidemics: COVID-19 and Opioid Addiction

Learn more about our Opioid Task Force here. With millions of Americans already struggling with opioid addiction, the coronavirus outbreak has many health care officials worried that socially marginalized people who already have underlying health conditions may be especially vulnerable to developing COVID-19. Before the coronavirus outbreak reached the United States, about 130 Americans were

US Supreme Court Ready to Sit Down to a Full Plate of Qualified Immunity

Written by: Phillip E. Friduss, Esq. Our Supreme Court Justices are about to sit down to an unprecedented feast of qualified immunity.  That feast will be served during its May 15 conference, where the Court will consider thirteen different qualified immunity cert petitions, several of which that have been specifically rescheduled to that date.  We

Georgia Applicable State Immunity For COVID-19 Cases

Written by: Stephanie R. Amiotte, Esq. COVID-19 is a pandemic nobody was prepared for and nobody wanted to happen. Its effects on the incarcerated population, particularly those with fragile health or advanced age will likely result in increased litigation against correctional healthcare providers.  Hall Booth Smith, P.C. is dedicated to meeting the pandemic head-on in

Supreme Court Sides With Lucky Brand on Defense Preclusion

Written by: Karl Braun, Esq., Justin Kerenyi, Esq., Daniel Miller, Esq., and Rodney Miller, Esq. The U.S. Supreme Court sided with apparel maker Lucky Brand on the applicability of “defense preclusion” about whether and under which circumstances a defense might be barred in subsequent litigation between two parties. The unanimous decision held that any preclusion

Hall Booth Smith Opens Miami Office

MIAMI – May 4, 2020 – Hall Booth Smith, P.C. is delighted to announce the opening of a new office in Miami so it can better meet client needs across the Sunshine State. The new office is located at 9130 South Dadeland Blvd., Suite 1705, Miami FL 33156. It is the firm’s fifth office in

The Basics of Probate and Estate Administration

Written by: Wills, Trusts, & Estate Administration I. In General. Probate is generally a relatively simple process in Georgia and Alabama, if you have a valid Will.  It is much less of a hassle to administer an estate under a Will, and your fiduciary (termed an “Executor” under a Will) has broad powers.  Without a

An Unprecedented Time: De-Carcerating & Other Steps Being Taken in Georgia’s Jails and Prisons as the Result of COVID-19

Written by: Jennifer Dorminey Herzog, Esq. Because of policies of mass incarceration over the past four decades, the United States has incarcerated more people than any other country on Earth.[1]  Highly transmissible novel respiratory pathogens pose a challenge for incarcerated populations because of the ease with which they spread in congregate settings.[2]  The stage is

Yes, it’s True: You Cannot Sue a Dog— Or a Cat, for That Matter

Written by: Phillip E. Friduss, Esq. This column originally appeared in the June 2017 issue of the Georgia’s Cities newspaper. After suffering from brain freeze and writer’s block just days before my deadline, and on the verge of writing some mundane offering on the differences between ministerial and discretionary acts—Boom! Just when I think I’ve

Remote Work and COVID-19

Written by: Daniel Richardson, Esq. and Peter Skaliy, Esq. Before COVID-19, many companies were experimenting with remote work. It has now become a widespread reality. This creates unique worker’s compensation risks, even as it may decrease the likelihood of some of the more serious or even catastrophic claims. An employee’s home environment is less subject

Charleston Partner Lauren Spears Recognized as Rising Star In 2020 South Carolina Super Lawyers Magazine

The 2020 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 Partner Lauren Spears on its list of Rising Stars. Ms. Spears is honored as a Rising Star for her work in medical malpractice defense. Ms. Spears defends cases

Dynamic Suggestions and Guidance for Rural Hospitals During COVID-19

HBS has prepared an overview of the programs and guidance available to Rural Hospitals along with some insight in how to utilize the tools available. They can be found here.

Governor Kemp Issues Executive Order Granting Temporary Legal Protections for Healthcare Providers During COVID-19 Pandemic

Written by: John E. Hall, Jr., Esq. and John G. Winkenwerder, Esq. Given the scale and intensity of the COVID-19 pandemic, it is not difficult to imagine the challenges healthcare providers face every day in working to treat those infected with the virus, while continuing to care for those with other medical conditions. In his

Of Dogs and Privacy: The Warrantless Seizure of a Dog’s Blood, and all that Comes with it

This article originally appeared in the September 2016 issue of the Georgia’s Cities Magazine. Written by: Phillip E. Friduss, Esq. State v. Newcomb, 359 Or. 756 (2016) Act I: Juno Rescued  Amanda Newcomb is out of money. Because of that, she is unable to regularly feed her dog, Juno. Her neighbor, apparently follow­ing Juno’s plight,

FLORIDA’S CHIEF FINANCIAL OFFICER REQUIRES WORKERS’ COMPENSATION COVERAGE FOR FRONT LINE STATE EMPLOYEES

Written by: Rayford H. Taylor, Esq. Florida’s Chief Financial Officer, Jimmy Patronis, has issued Directive 2020-05 to provide workers’ compensation coverage to “frontline state employees” who contract COVID-19.  Florida’s Risk Management Department provides workers’ compensation coverage to state employees.  The Risk Management Department will now have to provide workers’ compensation coverage to such workers who

Are Countries Willing To Bend The Privacy Rules To Track COVID-19

Written by: Richard Sheinis, Esq. Many countries are using geolocation data from phones to track COVID-19.  Singapore, the United Kingdom and Israel have developed their own apps for tracking people’s movements.  In Europe, mobile phone companies such as Vodafone, have agreed to share location data. The European Data Protection Board has appointed a group of

Estate Planning, Now as Much as Ever: Estate & Financial Planning Steps You Should Take

Written by: Wills, Trusts, & Estate Administration With the current coronavirus pandemic, what planning steps should you be taking? From an estate planning attorney’s perspective, it is actually business as usual, but perhaps with an added element of priority. Everyone’s goal right now should be first and foremost the health and safety of ourselves, our

New York’s S.H.I.E.L.D. Act Is Here

Written by: Charles R. Langhorne IV, Esq. The COVID-19 world that we are living in is has changed the perspective of many businesses from proactive to reactive. Businesses (rightly so) are concerned with making payroll so that their employees can continue to pay their mortgages as opposed to preparing the company for impending data privacy

Security Advice for Zoom Videoconferencing

Written by: Sean Cox, Esq. The COVID-19 pandemic and the widespread shelter in place orders have, temporarily at least, changed how humans interact. Luckily, there are more options today than ever before which allow many to maintain a modicum of normalcy. Companies, schools, churches, families, and friends have turned to video conferencing solutions to stay

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act

Written by: Jacqueline Voronov, Esq. and Jeffrey M. Daitz, Esq.  On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) into law.  The FFCRA modified the Family and Medical Leave Act (FMLA) and created a new paid sick leave policy to assist workers who contract COVID-19, are caring for family members with

COVID-19 Deemed a Compensable Injury by the Legislature in Minnesota

Written by: Peter Skaily, Esq. There has been extensive literature published in the past few weeks across the United States explaining the reasons that COVID-19 is (for most, if not all, states) not a covered “accident” and “injury” under the given state’s workers’ compensation laws. However, on April 7, 2020, the Minnesota Legislature removed all

US Supreme Court Hands Down Pro-Law Enforcement 4th Amendment Ruling

Written by: Phillip E. Friduss, Esq. Action from the Barren Chambers Monday morning as the Supreme Court handed down a pro-law enforcement ruling in Kansas v. Glover.  Lighting Round Facts – Officer on road runs tag.  The license plate and truck belong to Glover, who has a suspended license.  Pullover  Arrest. Game on, as the

H-1B Wage Obligations During the COVID-19 Pandemic

Written by: Ashik R. Jahan, Esq. With the growing uncertainty of what impact COVID-19 will have on local businesses from an economic standpoint, many businesses are unsure of how they will maintain day-to-day operations. There may be an added uncertainty to employers that sponsor H-1B workers.  Lay-offs, furloughs, reduced wages, and even termination of employees

Hall Booth Smith Adds Associates Kara Bidstrup And Christopher Eads In Nashville

NASHVILLE, TENN. – April 2, 2020 – Hall Booth Smith, P.C. welcomes Kara Bidstrup and Christopher Eads as Associates to its growing office in Nashville, Tennessee. Kara Bidstrup concentrates her practice on a variety of business transaction, general liability, intellectual property and entertainment, medical malpractice, professional malpractice and ethics matters. Before joining HBS, Bidstrup was

Hall Booth Smith Adds Dan Addison as Of Counsel to its Charleston Office

CHARLESTON, S.C.– April 1, 2020 – Hall Booth Smith, P.C. is delighted to welcome Of Counsel Dan Addison to its growing office in Charleston, South Carolina, as the firm expands its workers’ compensation practice. Dan Addison comes to Hall Booth Smith with 25 years of experience in litigating complex workers’ compensation cases, and is widely

COVID-19’s Effect on SSDI Status Inquiries

Written by: Ann Bishop, Esq. Effective March 17, 2020, all Social Security Administration field offices were closed to the public in an effort to slow the growing rate of COVID-19 sufferers.  In response to the field office closure, the Social Security Administration is not providing information about Social Security Disability Insurance status to third parties. 

Gun Store Owner Sues Over Shelter-In-Place Ordinance

Written by: Phillip E. Friduss, Esq. Gun store Clyde Armory has sued Athens-Clarke County, Georgia over its shelter-in-place ordinance. The suit claims that that the ordinance is an overstep of power and violates the equal protection and due process clauses as well as the right to bear arms in both the U.S. and Georgia constitutions.

California Attorney General Fiddles While Rome Burns

Written by: Richard Sheinis, Esq.  On March 17 a coalition of 35 advertising groups sent California Attorney General Xavier Becerra a letter calling for a delay in the enforcement of the California Consumer Privacy Act (“CCPA”) because of COVID-19.  Enforcement of the CCPA is currently scheduled to begin July 1.  The Attorney General’s office refused

COVID-19 and Force Majeure in International Commercial Contracts

Written by: John E. Parkerson, Jr., Esq. Force majeure clauses often are ignored as simple boilerplate of little importance relative to the underlying “business deal.”  Not to unduly alarm, but a force majeure clause is important, especially during times like those we are experiencing.  This clause generally includes language that defines the kinds of occurrences

Useful Guide For The New Leave Entitlements Under FFCRA

Written by: Phillip E. Friduss, Esq. Below is the most useful guide we have located on The New Leave Entitlements Under FFCRA – Issues Unique to the Public Sector: COVID-19 Resource.  There is an outstanding and helpful Question and Answer section.  If you have any questions please reach out to Phil Friduss or any other

HBS Partner Jeffrey Daitz Recognized in 2020 New Jersey Super Lawyers Magazine

In the 2020 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 as Saddle Brook Partner Jeffrey Daitz is listed as a Super Lawyer. This list seeks to recognize outstanding New Jersey attorneys from a variety of practice

Paying Indemnity Benefits and Other Common Scenarios in Light of COVID-19 in Georgia

Written by: Meredith Knight, Esq. Last week, we posted our conclusions regarding the compensability, or really, lack thereof, regarding COVID-19 in the workplace as specifically pertaining to the Georgia Workers’ Compensation Act. What follows are three common scenarios employers currently experience that raise further questions about COVID-19 in the workplace. First, please review our initial

Business Interruption – COVID-19 Pandemic

The outbreak of the COVID-19 virus has affected businesses all over America. The forced closing and limitation of operations is likely to lead businesses to turn to every possible source of economic relief – one of the most likely being business interruption insurance.

USCIS Announces Temporary Suspension of All Routine In-Person Visits Due to COVID-19

Written by: Ashik Jahan, Esq., and Cody Hendrix USCIS has announced that it will temporarily suspend all routine in-person visits to help slow the spread of COVID-19. They will suspend such meetings until at least April 1, 2020. All non in-person duties will continue, this only applies to routine in-person meetings. USCIS will send notice

ACOG Provides Guidance to Healthcare Practitioners Whose Patients Are “At-Risk” For Coronavirus Disease-2019

Written by: Ryan Donihue, Esq. With the focus of the global pandemic principally on older adults and those who have serious underlying medical conditions (e.g., heart disease, diabetes, asthma and lung disease), another significant group of individuals have essentially been left out of the discussion who are at an even higher risk for developing severe

Premium Processing Suspended for FY 2021 H-1B Cap Until June 29, 2020

Written by: Ashik Jahan, Esq., and Cody Hendrix USCIS has placed a temporary suspension on premium processing services for fiscal year 2021 cap H-1B Petitions. This means that petitioners will not be able to request nor file for premium processing when USCIS begins accepting H-1B petitions on April 1, 2020. USCIS will not begin accepting

HHS Releases Bulletin Waiving Certain Provisions of HIPAA

Written by: Chase Langhorne, Esq. The U.S. Department of Health and Human Services (“HHS”) released a bulletin this week waiving sanctions and penalties as of March 15, 2020 for non-compliance with certain provisions of HIPAA. The waiver centers around allowing people on the front lines to adequately handle and manage COVID-19 cases. Specifically, HHS is

Does a Government’s Late Change of an Unconstitutional Policy Moot Nominal-Damages Claims?

Written by: Phillip E. Friduss, Esq. Currently knocking on the Supreme Court’s door for permission to be heard is a Georgia Free Speech case questioning whether a government’s post-(lawsuit) filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right. Uzuegbunam v. Preczewski, Case No. 19-968

The Department of Health and Human Services Issues Declaration under the Public Readiness and Emergency Preparedness (“PREP Act”)

Written by: Christopher Eads, Esq. The Department of Health and Human Services (“HHS”) recently issued a declaration under the Public Readiness and Emergency Preparedness (“PREP Act”) Act to provide immunity to liability for activities related to medical countermeasures against the coronavirus(COVID-19). The declaration is effective retroactively to February 4, 2020. Executive Summary Under the declaration,

Hospitality Industry Faces Multifront Crisis Amid COVID-19 Outbreak: Key Considerations for Stakeholders

Written by: James R. Embrey, Esq., and John G. Winkenwerder, Esq. The coronavirus (COVID-19) outbreak has spread to at least 95 countries and has sickened more than 100,000 people, leading to increased anxiety and confusion across the globe. As governments continue to ramp up safety related restrictions and the populace forgoes travel for isolation in

Workers’ Compensations and Compensability of the COVID-19 Virus in Georgia

Written by: Meredith Knight, Esq. Over the past week, multiple questions have arisen regarding whether contracting COVID-19 is a compensable workers’ compensation event.  The answer will almost always be no.  In a few very fact-intensive cases, the answer may be yes. This article discusses the compensability of viruses in Georgia, as well as the unique

WHAT IS REALLY IN CONGRESS’ EMERGENCY CORONAVIRUS BILL? HERE’S WHAT YOU NEED TO KNOW

Written by: Jacqueline Voronov, Esq., Jeffrey M. Daitz, Esq., and Christopher Eads, Esq. Perhaps bipartisan bills really do exist? On March 14, 2020, the House of Representatives passed the Emergency Families First Coronavirus Response Act (“EFCRA”), a sweeping bill aiming to soften the economic blow that many Americans are expected to feel as stores close,

USCIS Statement Regarding COVID-19 and the New Public Charge Rule

Written by Ashik Jahan, Esq. and Cody Hendrix USCIS has issued a statement informing immigrants who get tested or treated for COVID-19 that they will not be punished when seeking immigration benefits under the new public charge rule that was ushered in by the Trump Administration and went into effect on February 24, 2020.  Under

Hall Booth Smith Welcomes 5 New Attorneys in Atlanta

ATLANTA – March 17, 2020 – Hall Booth Smith, P.C. is pleased to welcome five new attorneys to the firm’s Atlanta headquarters office as it adds new talent to meet growing client needs. Partner Meg Hatfield Yanacek defends acute care, skilled nursing, assisted living facilities, pharmacies and health care providers at trial and appeal. She

Secretary of Health and Human Services Signs Federal Declaration Providing Immunity to Healthcare Workers from COVID-19 Claims

Written by: Sandra Mekita Cianflone, Esq. During this growing epidemic, the last thing healthcare workers want to think about it is potential litigation for any care and treatment rendered to patients who contract COVID-19. On March 10, 2020, the Secretary of Health and Human Services signed a Declaration providing healthcare workers immunity from COVID-19 claims

Can a Business Be Held Liable for Employees or Customers Who Allegedly Contracted COVID-19 (Coronavirus) While On Their Property?

Written by: James Embrey, Esq. and Anthony Petrozza, Esq. A woman sneezes several times as she goes up and down the aisles to do her grocery shopping. Across town, three people on the housekeeping crew at a hotel develop fevers while cleaning guest rooms. At a restaurant nearby, the cook asks to leave in the

Supreme Court’s Closure Could be First Disease-Related Shuttering in a Century

(What follows was written by Katie Bart and Kalvis Golde. For more of the article, please see link below.) On Thursday, the Supreme Court announced that it would close its doors to the public “until further notice” “[o]ut of concern for the health and safety of the public and Supreme Court employees.” The announcement follows

Coronavirus (COVID-19) and the European Schengen Area Travel Ban

Written by: Ashik R. Jahan With growing fears concerning spreading of the global pandemic, COVID-19 (Coronavirus), the U.S. has barred entry into the U.S. from non-U.S. citizens in the European Union’s Schengen Area.  People who have visited this area in the previous two weeks, regardless of nationality, are also barred.  The Schengen Area includes Austria,

Hall Booth Smith Adds Burt and Munoz as Partners, and Heffling as Of Counsel in Growing N. Palm Beach Office

Feb. 27, 2020 — North Palm Beach, FL — Hall Booth Smith, P.C. is delighted to announce that it has hired Michael D. Burt and Lisa M. Munoz as Partners, and John D. Heffling as Of Counsel in its North Palm Beach, Florida office. All three attorneys come to HBS from the former Sonneborn Rutter

CROATIA’S ATTEMPT TO BREAK THE EPRIVACY REGULATION STALEMATE

Written by: Chase Langhorne, Esq. On February 21, 2020, Croatia released its proposal to attempt to move the ePrivacy Regulation across the finish line. The ePrivacy Regulation was proposed in 2017 with the main purpose of regulating personal data as it relates to internet cookies. The initial plan was for it to pass at the same

Egypt Passes Personal Data Protection Law

On February 24, 2020, Egypt’s Parliament passed the Personal Data Protection Law (“PDPL”). The law has many similarities to the European Union’s General Data Protection Regulation (“GDPR”). Scope The PDPL applies to Egyptian citizens and non-Egyptian citizens residing in Egypt. This is similar to GDPR, but slightly more limiting because GDPR applies to any person

“SALE” UNDER THE CCPA

Written by: Sean Cox, Esq. The California Consumer Privacy Act of 2018 (“CCPA”) officially went into effect on January 1, 2020. According to the California Attorney General, enforcement will begin on July 1, 2020. One of the most important provisions of the CCPA allows consumers to opt-out of the sale of their personal information. Among

We All Know About GDPR’s Right to Erasure, Does This Mean You Have to Delete Data From Backups As Well?

Written by: Richard Sheinis, Esq. In this business, we are all familiar with GDPR’s right to erasure (commonly called “the right to be forgotten”) granted by the GDPR.  The question that often comes up is when a data subject exercises their right to erasure, does the organization also have to erase the data subject’s personal

Forced Labor in Privatized Prisons? Eleventh Circuit Cries Foul!

Written by: Phillip E. Friduss, Esq. On February 28, 2020, the Eleventh Circuit Court of Appeals (the federal appellate court for Alabama, Florida, and Georgia) ruled that a federal statute designed to combat human trafficking applies to a privatized federal corrections facility’s alleged practice of punishing and withholding basic human necessities from inmates who refuse

Coronavirus & the Workplace: Fast Facts for Employers

Written by: Jacqueline Voronov, Esq.  and Jeffrey M. Daitz, Esq. The coronavirus (COVID-19) outbreak that originated in Wuhan, China has spread to at least 95 countries and has sickened more than 100,000 people, leading to increased anxiety and confusion across the globe.  Amidst fears of potential business disruption, the spread of this novel virus serves

Reframing the Opioid Epidemic as a National Emergency

In the past two decades, more than 700,000 people have died from opioid overdose, with states including West Virginia, Ohio and Pennsylvania suffering the worst losses. More than 10 million people misuse prescription opioids each year, according to government studies, and millions of Americans are addicted to pain reliever medications. Opioid addiction, overdose and death

Hall Booth Smith Awarded 2020 Top Workplaces Honor by The Atlanta Journal-Constitution

For the tenth year in a row, Hall Booth Smith (HBS) has been awarded a 2020 Top Workplaces honor by The Atlanta Journal-Constitution. HBS is ranked 20th in the top 63 midsize workplaces in the Atlanta region. The companies who made this list are considered to be the best companies to work for in the

National Trial Counsel team

Companies face more risk of multi-million dollar lawsuits than ever before. To help clients mount the most effective defense in these dangerous high exposure cases, Hall Booth Smith created a National Trial Counsel practice of highly experienced attorneys who work together as a team to achieve the best possible outcomes.

Is a Gunshot Wound a Seizure?

Written by: Phil Friduss, Esq. In recent news: https://verdict.justia.com/2020/02/26/is-a-gunshot-wound-a-seizure Out front right now is Torres v. Madrid, the pending Supreme Court case involving the suspect shot by the police who escaped – the question of whether a Fourth Amendment seizure being front and center. Below is a link to Sherry Colb’s (C.S. Wong Professor of

HBS Celebrates 20th Anniversary of Brunswick Office

Hall Booth Smith, P.C. is proud to have become one of the leading full-service firms in the Southeast over the past 30 years, and the firm is pleased to celebrate the 20th anniversary of its office in Brunswick, Georgia. Soon after Hall Booth Smith opened for business in Atlanta, the firm’s leaders realized there was

Tort Reform Propositions Affecting Defendants in Dental Malpractice Lawsuits

Written by: Sandro Stojanovic, Esq. At this time, the Georgia Assembly is in session and is considering many bills, including, some favorable tort reform propositions that will affect defendants in dental malpractice matters. First, SB 374 proposes the following amendment: Any offer to settle a tort for personal injury, bodily injury, or death must include

Keys to Cross-Examining a Plaintiff

As with most things in life, success can be achieved by working tireless to implement a plan through meticulous preparation.  A successful cross-examination of a plaintiff at trial is no different.  In order to ensure success, a defense attorney needs to create a plan of attack, and then work to prepare that plan for trial.  While expert testimony and strong, concise arguments are crucial to the defense of a case at trial, there is nothing more powerful to a jury than a thorough, sifting, and eviscerating cross-examination of the plaintiff.  Likewise, a poor cross-examination of the plaintiff can not only bolster the plaintiff’s case, but can also lose an attorney’s credibility and trust of the jury, that a defense attorney should work to build from the moment the jury venire enters the courtroom for voir dire.  With so much at stake, the importance of creating a plan for cross-examination, and preparing to ensure that the plan is executed precisely, is paramount in defending a case at trial.  Fortunately, experienced litigators live for the opportunity to cross-examine a plaintiff at trial, as they know nothing derails a plaintiff’s case more than a well-executed cross-examination.  Further, strong litigators are confident that their successful cross-examination will be achieved, because they thoroughly prepare to execute their plan of attack at trial…