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Adobe PDFCourt Rejects Vicarious Liability Under Georgia Boating Law
Erin C. Howell, John P. Kavanagh; Burr & Forman LLP;
Legal Alert/Article
July 28, 2014, previously published on July 23, 2014
The State Court of Dekalb County, Georgia recently held that companies operating in the boat rental business cannot be held vicariously liable for the negligent acts of their rental customers. Carol Morris v. Yaaqov Avihasira, et al., Civil Action File No. 11A-39187-4 (Order dated 7/31/14). In the...


Adobe PDFFederal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
Legal Alert/Article
June 18, 2014, previously published on June 2014
USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits regarding approximately 15,000 H-1B petitions each year, and is now...


Adobe PDFSupreme Court Denies Certiorari to Hear Bank of America’s Challenge to Eleventh Circuit’s Rule Regarding Lien Stripping in Chapter 7 Bankruptcy Cases
Daniel N. French; Burr & Forman LLP;
Legal Alert/Article
May 15, 2014, previously published on May 2014
The United States Supreme Court recently denied certiorari to an Eleventh Circuit appeal which would have addressed the issue of whether section 506(d) of the Bankruptcy Code permits a chapter 7 debt to “strip off” a wholly unsecured junior lien in Bank of America, N.A. v. Sinkfield. As...


Adobe PDFGeorgia District Court Offers New Authority on Issue of "Full Authority" Under O.C.G.A. § 44-14-162.2
Ashby Kent Fox, Monika Vyas Scott; Burr & Forman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
In the latest chapter of the Georgia courts' attempts to interpret Georgia's foreclosure notice statute, O.C.G.A § 44-14-162.2, the U.S. District Court for the Northern District of Georgia issued an opinion on February 25, 2014 granting the plaintiffs' motion for leave to file an amended...


Adobe PDFCommon Mistakes, Problems and Concerns Companies Face During Implementation and Maintenance of Corporate Compliance Programs
Chester "Chet" J. Hosch; Burr & Forman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
An effective corporate compliance program is an essential component of internal controls for uncovering and preventing ethical lapses and criminal violations and smart companies are prudently adopting these programs. However, it is not enough to merely implement the program. It is also essential...


Adobe PDFSurprising Ruling by Georgia Court of Appeals May Allow for Pursuit of Guarantors without First Confirming Foreclosure Sale in Certain Circumstances
Kelly E. Waits; Burr & Forman LLP;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
As any lender who’s had a loan secured by real property collateral in Georgia knows, in order to pursue a deficiency balance following a non-judicial foreclosure of its collateral, the foreclosure sale has to be “confirmed” by the Superior Court in the county where the property...


HTMLDeclaratory Judgments in Non-compete Cases - Electing Offense over Defense
William "Chip" Collins; Burr & Forman LLP;
Legal Alert/Article
December 13, 2013, previously published on December 5, 2013
After a weekend of gorging on football as well as turkey, I’ve got offense and defense on my mind, and a recent Georgia appellate decision got me to thinking about how those basic gridiron principles apply to non-compete cases. The case, Lapolla Indus. V. Hess, No. A13A1097, 2013 Ga. App....


Adobe PDFSettlement of HB 56 Lawsuit Means Permanent Injunction against Some Provisions of Alabama’s Immigration Law
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
Legal Alert/Article
November 5, 2013, previously published on October 2013
On October 29, 2013, the Southern Poverty Law Center (SPLC) published a settlement agreement reached with the State of Alabama to end its challenge of HB 56, Alabama’s immigration law in exchange for a court order permanently enjoining several provisions of the law. The SPLC represents a...


HTMLGeorgia DNR Board to Consider Increases to CAFO Permitting Thresholds
Scott E. Hitch; Burr & Forman LLP;
Legal Alert/Article
October 31, 2013, previously published on October 28, 2013
The board of the Georgia Department of Natural Resources will consider changes to rules for permit requirements for swine feeding operations. The most significant change proposed is to increase the threshold for triggering the requirement to obtain a permit from Georgia EPD under the Georgia Water...