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Georgia
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November 20, 2024
Bill Aimed At Creating Ga.'s First National Park Moves Ahead
The U.S. Senate Committee on Energy and Natural Resources voted Tuesday to advance a bill that would establish Georgia's first national park, upgrading the ancestral home of the Muscogee (Creek) Nation of Oklahoma from its national monument status while also offering protections for Native American burial mounds.
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November 19, 2024
11th Circ. Urged To Revive Fla. Cancer Cluster Suit
Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.
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November 19, 2024
11th Circ. Weighs Whether Tornado Cash Sanctions Overreach
An Eleventh Circuit panel on Tuesday dove deep into the mechanisms of cryptocurrency mixing service Tornado Cash as the judges weighed whether government sanctions intended to curb illicit finance on the protocol are permitted under the law.
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November 19, 2024
SEC's $196M Win Revived After Judge Fixes 'Scrivener's Error'
A Florida federal judge has granted a $196 million judgment against a group of fraudsters to the U.S. Securities and Exchange Commission after fixing what he called a "scrivener's error" in the original order that caused the Eleventh Circuit to overturn a part of the award in September.
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November 19, 2024
Ga. Atty Gives Up Law License After Felony Charges
Georgia's justices accepted attorney Austin Jones' voluntary surrender of his law license on Tuesday, after he previously pled guilty in federal court to two felony charges of possession of child pornography.
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November 19, 2024
32 State AGs Urge Congress To Back Kids' Online Safety Bill
More than 30 state attorneys general urged federal lawmakers to back bipartisan legislation aimed at bolstering youth safety online, writing a letter Monday encouraging Congress to "act to aid our state-level efforts" which included opening investigations and commencing with litigation against social media companies like TikTok and Meta.
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November 19, 2024
Black Ex-VP Says UPS Gave Her Job To Less-Qualified Worker
United Parcel Service had a Black vice president show a less-qualified white co-worker the ropes, then handed the vice president role to the white worker and told the more seasoned employee she was no longer needed, according to a new lawsuit filed in Georgia federal court.
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November 19, 2024
Ga. Panel Says 190-Year-Old Marshland Grant Is Valid
A Georgia appellate court has sided with a company seeking to retain ownership of 1,000 acres of Georgia coastal marshland by using an 1834 document in which the state granted the land to the company's predecessor-in-title.
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November 19, 2024
Lying Lawyer Gets 2-Year Suspension From Ga. Justices
The Supreme Court of Georgia hit a repeat offender attorney with a two-year suspension Tuesday for lying to the state bar, opposing counsel and his clients, at times costing those he was representing even more money in sanctions and fees after losing their cases.
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November 19, 2024
In 'Perplexing' Move, Ga. Appeals Court Cuts Trump Oral Args
Attorneys described the Georgia Court of Appeals' decision this week to cancel oral arguments over whether Fulton County District Attorney Fani Willis should be disqualified from the election interference case against former President Donald Trump and his co-defendants as "perplexing," saying it may be the result of Trump's recent reelection or simply having enough information already to make a decision.
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November 19, 2024
Flooring Co. Asks 11th Circ. To Back 'Inebriated' CEO's Ouster
Flooring manufacturer Interface Inc. told the Eleventh Circuit Tuesday it stands by its decision to fire its CEO after he allegedly got drunk and berated a subordinate at a company function, urging a three-judge panel to affirm a summary judgment ruling that put an end to the former executive's $100 million suit.
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November 19, 2024
Former Georgia Judge's Law License Suspended After Ouster
After removing a Georgia Court of Appeals judge from the bench last year, the Georgia Supreme Court on Tuesday suspended his law license until August 2025 for taking advantage of an elderly client, calling it "an appropriate sanction in this case" in light of case law and the State Bar of Georgia's support of the suspension.
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November 19, 2024
Poll Workers Fight Giuliani Attys' Bid To Exit Collection Cases
Two of Rudy Giuliani's attorneys doubled down Tuesday on their attempt to withdraw as counsel in the $148 million defamation case against him, saying in a redacted letter that the two Georgia poll workers hoping to stop their withdrawal are unaware of the facts that led up to the request.
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November 18, 2024
Senate Confirms Fla. Magistrate Judge To 11th Circ.
The Senate voted 49-45 on Monday to confirm U.S. Magistrate Judge Embry J. Kidd of the Middle District of Florida to the U.S. Court of Appeals for the Eleventh Circuit.
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November 18, 2024
Justices Urged To Deny TCPA Class Certification Challenge
A Florida-based financial services company found to have violated the Telephone Consumer Protection Act for sending fax ads to nearly 60,000 recipients is telling the U.S. Supreme Court to reject a petition from one of those respondents that sought to turn the case into a class action.
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November 18, 2024
SEC Sued Over FINRA's One-Day Bond Reporting Timeline
The U.S. Securities and Exchange Commission has been hit with a lawsuit seeking to overturn a newly adopted rule that will require brokerage firms to report bond transactions more quickly, with the suing organization previously claiming there was no evidence justifying a need for such a change.
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November 18, 2024
49ers Data Breach Class Tries Again For Settlement OK
The San Francisco 49ers will pay $610,000 to nearly 21,000 individuals whose personal information was compromised during a data breach in 2022, according to a new motion seeking preliminary approval filed in California federal court on Friday, more than a year after U.S. District Judge James Donato rejected their initial deal.
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November 18, 2024
General Mills Plant 'Haunted' By Racist Past, Workers Say
A group of Georgia General Mills plant workers who said their workplace was run by a clique of neo-Confederate racists fought back Monday against the company's bid to toss the suit, arguing the plant remains "haunted" by a legacy of white supremacist leadership.
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November 18, 2024
PPG Says Manager Stole Sales Data In Incora Move
PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.
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November 18, 2024
Georgia Judge Blocked From Obtaining Memos In Ethics Case
The Georgia Judicial Qualifications Commission has determined that a state judge facing ethics charges cannot obtain two memos pertaining to her case, finding they are not discoverable under both the commission's rules and prior cases.
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November 18, 2024
11th Circ. Shelves Peanut Truck Co.'s Excise Tax Refund
The Eleventh Circuit has overturned a decision awarding an excise tax refund to a manufacturer for selling wagons that dry and carry peanuts, saying the refund is reserved for vehicles that are specially designed for off-highway transportation — a test the peanut wagons failed.
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November 18, 2024
NBA, Warner Bros. Settle Media Rights Dispute With New Deal
The National Basketball Association and the parent of Turner Sports have settled a lawsuit accusing the league of breaching its contract with the network through its new $76.9 billion media rights deal, and as part of the agreement, iconic studio show "Inside the NBA" will stay on the air but move to ESPN and ABC when the deal kicks in next season.
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
Giuliani Gets New Atty As Poll Workers Seek To Collect $148M
Two days after Rudy Giuliani's lawyers asked a federal judge to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, the embattled former mayor of New York found himself new representation.
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November 15, 2024
Ga. Panel Says Homeowners Must Arbitrate Boundary Spat
The Georgia Court of Appeals on Friday ordered a property line spat between a construction company and a homeowner sent to arbitration, reversing a trial court's ruling that the issue fell outside the bounds of an arbitration provision within the original sale contract.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Ga. Fintech Bank Charter Could Reshape Payments Industry
Georgia’s recent granting of a special banking charter to transaction processor Fiserv, allowing the fintech company to access major card payment networks without a traditional bank as intermediary, could spark a restructuring of the national payments infrastructure and open new possibilities for businesses and consumers, says Jessica Cino at Krevolin & Horst.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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11th Circ. Kickback Ruling May Widen Hearsay Exception
In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
Barrett Is Right: Immunity Is Wrong Framework In Trump Case
Justice Amy Coney Barrett’s concurrence in Trump v. U.S., where the majority opinion immunized former presidents almost entirely from criminal prosecution for official actions, rests on a firmer constitutional foundation than the majority’s immunity framework, says Matthew Brogdon at Utah Valley University.