Clean Water Ruling
On Friday, the U.S. Supreme Court agreed to review the Sixth Circuit’s finding that it has jurisdiction to hear challenges to the U.S. Environmental Protection Agency and Army Corps of Engineers’ controversial Clean Water Rule.
8 Common Myths About Last Wills and Testaments
Written by: Wills, Trusts, & Estate Administration As an estate planning attorney, I hear all manner of misconceptions about Wills and other basic estate planning documents. Let’s take a few moments to address (and dispel) some of the more
The ADA and Job Transfers
Written by: Don Benson, Esq. On December 7, 2016, the Eleventh Circuit Court of Appeals found that a Hospital did not violate the Americans With Disabilities Act when it refused to allow a disabled employee to transfer to another, open position
Rethinking our Medical Restraint Chair Policies
Written by: Phillip E. Friduss, Esq. So, you have a restraint chair policy. Quite often, our healthcare policies are two-fold, one part governing law enforcement initiated restraints, the other dictating a different set of rules for the medical
Court Dismisses Shareholder Derivative Suit Over 2014 Home Depot Breach
Written by: Richard Sheinis, Esq. An Atlanta court has dismissed a shareholder derivative suit against Home Depot’s CEO and Board Chairman, Executive Vice-President and Chief Information Officer, and several members of the Board of Directors,
Injunction Stops New DOL Rule Increasing Salary Level Test: Now What?
Written By: Don Benson, Esq. Many employers have been asking what is next step for them in light of the injunction issued 112/22/16 in the U.S.D.C. Texas holding that the DOL may not impose the new higher salary level for jobs exempt from overt
UMass To Pay $650,000 For HIPAA Violations
Written by: Richard Sheinis, Esq. The University of Massachusetts Amherst is paying $650,000 to OCR to settle allegations of HIPAA violations that occurred in 2013. UMass neglected to designate their Center for Language, Speech and Hearing as a
To Produce or not to Produce?
Written By: Lauren K. Dimitri, Esq. In July of this year, the Appellate Division of the State Board of Workers’ Compensation rendered a decision on surveillance that has created quite the buzz in the Comp community. The Employee in State Boar
Using a “Credit Shelter” or a “Bypass” Trust in Your Will: a Good Thing or a Terrible (Tax) mistake? (and Why You Should Review Your Existing Will!)
Written by: Wills, Trusts, & Estate Administration Unfortunately, there is far from a one-size-fits-all answer. My October blog explored the use (or risks) of these trusts in older Wills as related to the possibility of inadvertently disinh
Georgia Supreme Court Limits Public School Campus Carry
Written by: Eric Hoffman, Esq. On Monday October 31, 2016, the Georgia Supreme Court unanimously held that firearms cannot be carried onto public K-12 school property unless the licensed gun owner is picking up or dropping off a student. In Ge