Miller & Martin PLLC

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

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Why Are OSHA Inspectors In My Lobby, And What Should I Have Already Done To Be Prepared?

In this short video, attorneys Neil Brunetz and Mike Mallen from Miller & Martin walk you through being ready for an OSHA inspection. Are you ready?…more

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The Long Anticipated HIPAA Audits Are Here!

Phase 2 HIPAA Audits, which the Department of Health and Human Services' Office of Civil Rights ("OCR") announced had "launched" back in March of this year, have now officially begun. On Monday, July 11, 2016, the first round of…more

Breach Notification Rule, Business Associates, Covered Entities, HHS, HIPAA

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Election Day is Coming Soon - Do You Know Your Employees' Voting Leave Rights? - October 2016

Realizing we ALL could use some "time off" FROM this year's presidential election, we want to provide you with a quick (party-neutral!) refresher on your employees' voting leave rights in light of the upcoming national Election…more

Employee Rights, Notice Requirements, Posting Requirements, Presidential Elections, Voting Leave

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U.S. Supreme Court Upholds Affordable Care Act Subsidies in Federal Exchanges

On Thursday, June 25, the U.S. Supreme Court ruled that consumer subsidies can continue to be provided through both federal and state health insurance marketplaces under the Affordable Care Act (ACA). In King v. Burwell,…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, Individual Mandate, King v Burwell

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Congress Passes Federal Trade Secrets Law

On April 27, 2016, the U.S. House of Representatives passed legislation that will effectively federalize trade secrets law. President Obama, a supporter of the legislation, has indicated he will sign the Bill, which previously…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Misappropriation

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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

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Tennessee Legislature Amends Data Breach Notification Statute - Encryption is No Longer an Automatic Safe Harbor

On March 24, 2016, Governor Haslam signed S.B. 2005 which amends Tennessee's data breach notice statute. The amended statute will go into effect on July 1, 2016. The new Tennessee breach notice requirements are triggered by the…more

Breach Notification Rule, Cyber Threats, Cybersecurity, Data Breach, Encryption

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SEC Eliminates Ban on General Solicitation in Private Offerings

On July 10, 2013, the SEC took the following actions that are likely to have a significant impact on hedge funds, private investment funds and other companies that raise capital through private offerings of securities..…more

Advertising, General Solicitation, Hedge Funds, IRS, JOBS Act

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SCOTUS to Resolve Split Over Enforceability of Class Arbitration Waivers in Employment Agreements

Last Friday, the U.S. Supreme Court agreed to hear the appeal of three cases addressing the enforceability of mandatory arbitration agreements with class action waivers in the employment setting. These agreements require…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Mandatory Arbitration, NLRA

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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

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Reminder to Employers of the 08.10.16 OSHA Compliance Deadline

UPDATE: This compliance deadline has been extended to November 1, 2016. We are sending this alert to assist our clients with meeting the upcoming August compliance date for a new rule issued by the Occupational Safety and…more

Electronic Filing, OSHA, Posting Requirements, Recordkeeping Requirements, Reporting Requirements

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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

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What to Do with Personal Property Found in a Repossessed Vehicle

So you have repo'd your borrower’s motor vehicle and discovered that she left a laptop, some dirty socks and a picture of Uncle Joe asleep on the sofa in the back seat. "No problem," you say. You just toss out the dirty socks…more

Personal Property, Repossess

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Department of Labor Appeals Injunction Blocking New Overtime Rules

On December 1, 2016 – the day that the Department of Labor’s (DOL's) proposed white collar salary threshold regulations originally were supposed to go into effect – the DOL filed an appeal with the Fifth Circuit Court of Appeals…more

Appeals, DOL, Minimum Salary, Over-Time, Preliminary Injunctions

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Reminder to Employers of the 08.10.16 OSHA Compliance Deadline

UPDATE: This compliance deadline has been extended to November 1, 2016. We are sending this alert to assist our clients with meeting the upcoming August compliance date for a new rule issued by the Occupational Safety and…more

Electronic Filing, OSHA, Posting Requirements, Recordkeeping Requirements, Reporting Requirements

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SEC Proposes to Require Business Continuity Plan

On June 28, 2016, the Securities and Exchange Commission ("SEC") issued a proposed rule (Rule 206(4)-4, with proposed amendments to Rule 204-2) which would require SEC-registered investment advisers to adopt and implement…more

Business Interruption, Investment Adviser, Proposed Amendments, Risk Mitigation, SEC

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New Section 336(e) Election Provides Additional Flexibility in Taxation of Stock Transactions

On May 15, 2013, the Department of the Treasury issued final regulations regarding a new election now permitted under Section 336(e) of the Internal Revenue Code that allows sellers to elect to treat transactions structured as…more

Capital Gains, Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Congress Passes Federal Trade Secrets Law

On April 27, 2016, the U.S. House of Representatives passed legislation that will effectively federalize trade secrets law. President Obama, a supporter of the legislation, has indicated he will sign the Bill, which previously…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Misappropriation

See All Updates »

What Does an Independent Contractor Mean to You? Eleventh Circuit Issues Significant Independent-Contractor Ruling

Last week, the U.S. Court of Appeals for the Eleventh Circuit (which has jurisdiction over Alabama, Florida and Georgia) issued a ruling that is noteworthy for all employers, addressing the often-contested issue of whether a…more

Appellate Courts, Collective Bargaining, Corporate Counsel, Independent Contractors, Misclassification

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The Long Anticipated HIPAA Audits Are Here!

Phase 2 HIPAA Audits, which the Department of Health and Human Services' Office of Civil Rights ("OCR") announced had "launched" back in March of this year, have now officially begun. On Monday, July 11, 2016, the first round of…more

Breach Notification Rule, Business Associates, Covered Entities, HHS, HIPAA

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Don't "Be Like Mike": The Importance of Registering Your Trademark in China

For companies that manufacture or sell their products in China, it is critical to register your trademarks with the Chinese trademark office as soon as practical. Unlike the United States, China is a first-to-file jurisdiction…more

Bad Faith, China, First-to-File, Trademark Enforcement, Trademark Office

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It's Not Too Late to Make Your 2017 HR Resolutions

It's a new year. Now that the first month is nearly behind us, many of us have begun making progress on (or even broken) some of our personal resolutions meant to improve ourselves in 2017. But, have you taken the time to…more

Employees, Independent Contractors, NLRA, Non-Exempt Employees, Over-Time

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High Court Clarifies TILA Rescission Procedure

In Jesinoski v. Countrywide Home Loans, et al. (No. 13-684), the U.S. Supreme Court has eased the process by which a borrower may seek to walk away from his home mortgages, holding that the borrower, in order to avail himself of…more

Bank of America, Jesinoski v Countrywide, Mortgage Lenders, Mortgages, Rescission

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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

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IRS Creates New Disregarded Entity Exclusion from Debt Cancellation Income

The IRS has announced a new safe harbor from the discharge of debt income rules. Debt that is cancelled, discharged or forgiven is generally taxable as income, but there are exceptions. Under one exception, certain income…more

Debt, Exclusions, Forgiven Debt, Income Taxes, IRS

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NLRB Issues New Rules on Joint Employment

In a 3-2 decision involving Browning-Ferris Industries of California (BFI), the National Labor Relations Board (NLRB) refined its standard for determining joint-employer status…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Franchisee, Franchisors, Joint Employers

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Does Your Retention Bonus Plan Violate IRS Code?

In a memorandum released earlier this month, the IRS Office of Chief Counsel ruled that a retention bonus payable to an executive violated Section 409A of the Internal Revenue Code ("409A"). The IRS further ruled that the…more

Bonuses, Corporate Counsel, Executive Compensation, Internal Revenue Code (IRC), IRS

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USCIS Unveils the "Smart" I-9

On November 14, 2016, the U.S. Citizenship and Immigration Services (USCIS) revealed a revised version of the Form I-9 Employment Eligibility Verification. The revamped Form I-9 is a product of the USCIS's effort to combat the…more

Eligibility, Hiring & Firing, I-9, USCIS, Verification Requirements

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SEC Eliminates Ban on General Solicitation in Private Offerings

On July 10, 2013, the SEC took the following actions that are likely to have a significant impact on hedge funds, private investment funds and other companies that raise capital through private offerings of securities..…more

Advertising, General Solicitation, Hedge Funds, IRS, JOBS Act

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Contact

832 Georgia Avenue
Suite 1200
Chattanooga, TN 37402-2289, United States

Contact: Donna St. John, Practice Development Assistant

  • 800-275-7303

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Georgia
  • Tennessee
Number of Attorneys

100+ Attorneys

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