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Attorney	Latest Publications
John R. Bode	Another Not-So-Subtle “Message” from the EEOC What would the holidays be without a visit from the EEOC! Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back in…more ADA, EEOC, FMLA, GINA	See All Updates »
Neil Brunetz	A Brief Look at Tennessee's New Workers’ Compensation Law On April 29, 2013, Governor Bill Haslam signed the Tennessee Workers’ Compensation Reform Act of 2013 (“the Reform Act”) into law. The Reform Act will apply to all workers’ compensation claims that are made on or after July 1,…more Healthcare, New Legislation, Physicians, Workplace Injury	See All Updates »
Christie Burbank	Significant Changes to HIPAA Effective March 26, 2013 The following is a summary of the major changes to HIPAA under the new Final Rule: 1. Breach Notification Standard Lowered — In perhaps the most significant change under the Final Rule, the new regulations considerably…more Business Associates, Civil Monetary Penalty, Covered Entities, Data Breach, Data Protection	See All Updates »
Stacie L. Caraway	The EEOC Issues New Guidance Regarding Those with Cancer, Diabetes, Epilepsy, and Intellectual Disabilities in the Workplace The four separate EEOC Q&A Guidance documents each are about 10 pages long. So, for those of you without the spare time to review them all, here is a brief “Cliff Note version.” …more ADA, Disability Discrimination, Discrimination, EEOC, Reasonable Accommodation	See All Updates »
Jade Dodds	Significant Changes to HIPAA Effective March 26, 2013 The following is a summary of the major changes to HIPAA under the new Final Rule: 1. Breach Notification Standard Lowered — In perhaps the most significant change under the Final Rule, the new regulations considerably…more Business Associates, Civil Monetary Penalty, Covered Entities, Data Breach, Data Protection	See All Updates »
John Elliott III	D.C. Circuit Court of Appeals Strikes Down NLRB’s Poster Rule Yesterday, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board (NLRB) rule requiring employers to post notices regarding employees’ right to unionize was invalid…more First Amendment, Free Speech, NLRA, NLRB, Posting Requirements	See All Updates »
Charles Forlidas	Are You Ready for First-to-File Patent Priority? Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions	See All Updates »
Jennifer Grippa	Georgia Lien Law Revised In Favor of Contractors Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,…more Contractors, Liens	See All Updates »
Bradford G. Harvey	Class Action Alert: Recent Developments Favorable for Employers Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving…more Arbitration, Arbitration Agreements, Class Action, Class Certification, Comcast	See All Updates »
John Henry	Regulation FD Does Not Prohibit Social Media Communications with Investors The Securities and Exchange Commission (“SEC”) recently released a report that answers important questions about how companies can release material information through social media without violating Regulation FD…more Investors, Public Disclosure, Regulation FD, SEC, Social Media	See All Updates »
Douglas Johnson	Are You Ready for First-to-File Patent Priority? Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions	See All Updates »
Michael Mallen	A Wolf at the Door: Could a Labor Union Encourage Your Employees to Ask OSHA to Inspect Your Non-Union Facilities – Then Participate in the Inspection? Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an employer’s property at any time. Workplace inspections conducted by OSHA have…more Compliance, Inspections, NLRA, Non-Union, OSHA	See All Updates »
W. Scott McGinness Jr.	Family Office Relief from CPO Registration As noted in an earlier Client bulletin, the Division of Swap Dealer and Intermediary Oversight (“Division”) of the Commodity Futures Trading Commission (“CFTC”) issued a no-action letter dated November 29, 2012 enabling family…more CFTC, Commodity Pool, CPO, Exemptions, Family Offices	See All Updates »
Christopher E. Parker	No Quorum in the NLRB? What Does This Mean to You? As some of you may have seen through the various main-stream media outlets who have reported this development, in early 2012, President Obama appointed three NLRB Board members without the consent of the Senate. The…more Barack Obama, Canning v NLRB, Executive Powers, NLRB, Pro Forma Sessions	See All Updates »
Karen Smith	New Tennessee Law Penalizes the Construction Industry For Misclassifying Workers Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying…more Construction Workers, Independent Contractors, Misclassification, Penalties, Premiums	See All Updates »
Stephen Stark	Are You Ready for First-to-File Patent Priority? Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions	See All Updates »
Susan Steelman	Significant Changes to HIPAA Effective March 26, 2013 The following is a summary of the major changes to HIPAA under the new Final Rule: 1. Breach Notification Standard Lowered — In perhaps the most significant change under the Final Rule, the new regulations considerably…more Business Associates, Civil Monetary Penalty, Covered Entities, Data Breach, Data Protection	See All Updates »
Jennifer W. Terry	New Tennessee Law Penalizes the Construction Industry For Misclassifying Workers Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying…more Construction Workers, Independent Contractors, Misclassification, Penalties, Premiums	See All Updates »
William G. Trumpeter	Fluctuating Workweek and Bonus Payments Are Incompatible under the FLSA Per a Recent Ohio Federal Court Ruling The “fluctuating workweek” wage payment method is allowed under the Fair Labor Standards Act (FLSA) when (1) a non-exempt employee’s hours of work fluctuate from week to week, (2) the employer and employee agree to use this…more Bonuses, FLSA, Fluctuating Workweek, Penalties, Wages	See All Updates »
David Whitlock	New Version of I-9 Form Effective Today All employers are reminded that the newly revised I-9 form, issued by the Department of Homeland Security on March 8, 2013, must be used for all new hires beginning today. Use of the older version of the form after today will…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Franklin Williams	Regulation FD Does Not Prohibit Social Media Communications with Investors The Securities and Exchange Commission (“SEC”) recently released a report that answers important questions about how companies can release material information through social media without violating Regulation FD…more Investors, Public Disclosure, Regulation FD, SEC, Social Media	See All Updates »

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