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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Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting Requirements

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Responding to Immunization Concerns From a Business Perspective

Businesses across many industries, such as gyms, children's programs, and even standard retail establishments, are discovering they have to balance certain pressures such as notifying/protecting their customers and/or employees…more

Immunization Records, Retailers, School Safety, Vaccinations

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Tennessee Supreme Court Upholds a Narrow Definition of "Whistleblowers"

On Friday, March 27, 2015, the Tennessee Supreme Court upheld a Court of Appeals decision that in order to be a "whistleblower," an employee must "blow the whistle" to someone aside from the perpetrator of the alleged illegal…more

Internal Reporting, TN Supreme Court, Whistleblowers

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Balancing the Affordable Care Act and ERISA

Looming implementation of the Affordable Care Act's (ACA) so-called “play or pay” provision has large employers evaluating the alternatives it presents: “play,” by offering health insurance coverage to full-time employees; or…more

Affordable Care Act, Employer Mandates, ERISA, Health Insurance Exchanges, Healthcare

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Two Significant Decisions Affecting Employers Issued the Final Day of the U.S. Supreme Court Session

On the last day of its 2013-2014 session, the U.S. Supreme Court held today that (1) for-profit companies are protected as "persons" under the federal Religious Freedom Restoration Act of 1993 (RFRA) and (2) that the government…more

Affordable Care Act, Burwell v Hobby Lobby, Collective Bargaining, Contraceptive Coverage Mandate, Contraceptives

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The Fifth Circuit’s Rejection of the NLRB’s Ban on Class Waivers - a Victory for Employers

Earlier this week, the Fifth Circuit Court of Appeals ruled in D.R. Horton, Inc. v. National Labor Relations Board, that arbitration agreements which bar employees from pursuing class actions do not violate federal labor law. In…more

Arbitration, Class Action, Class Action Arbitration Waivers, D.R. Horton, D.R. Horton v NLRB

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The Latest from the U.S. Supreme Court - Time Spent Putting On and Taking Off Protective Gear Is Not Compensable Under the Fair Labor Standards Act

Earlier this week, in Sandifer v. U.S. Steel Corp., the Supreme Court addressed whether unionized workers may be entitled to compensation for time spent putting on and taking off protective gear. The Court found that putting on…more

Antonin Scalia, Collective Bargaining, FLSA, Protective Gear, Sandifer v U.S. Steel Corp

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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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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

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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, Investment Company Act, IRS

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California Supreme Court Follows Trend in Enforcing Class Arbitration Waiver in Employment Setting

California often prides itself on setting trends. When it comes to class arbitration waivers, though, California is just now catching up with the rest of the country. Headlined by the U.S. Supreme Court’s ruling in AT&T Mobility…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Federal Arbitration Act

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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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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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Responding to Immunization Concerns From a Business Perspective

Businesses across many industries, such as gyms, children's programs, and even standard retail establishments, are discovering they have to balance certain pressures such as notifying/protecting their customers and/or employees…more

Immunization Records, Retailers, School Safety, Vaccinations

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Health Plan Lawsuits and Data Breach Claims: Recent Developments and Implications

Five class action lawsuits have been filed against Premera Blue Cross in federal court in Seattle, Washington following the recent report of a data breach that affected approximately 11 million individuals. The lawsuits make…more

Breach Notification Rule, Class Action, Corporate Counsel, Covered Entities, Data Breach

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Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting Requirements

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Four Sustainability Reporting Highlights of 2013

2013 should be remembered as a transformative year for sustainability. Significant developments emerged not just from sustainability reports, but from non-profits and regulators concerned with stakeholder interests and reporting…more

Carbon Emissions, Compliance, EPA, Greenhouse Gas Emissions, No-Action Letters

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CFTC Issues Additional Relief for Family Offices

In November 2012, the CFTC's Division of Swap Dealer and Intermediary Oversight issued a no-action letter stating that the Division would not recommend that the CFTC take enforcement action against a family office for failure to…more

CFTC, CPOs, Family Offices, Investment Advisers Act of 1940, No-Action Letters

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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, IRS

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Georgia's New Gun Law: Who's Packin'?

On April 23, 2014 Georgia Governor, Nathan Deal signed the State's "Safe Carry Protection Act," expanding the ability of Georgians to carry firearms in public. With the July 1, 2014 effective date, the debate over gun ownership…more

Firearms, New Legislation

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Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting Requirements

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A Back-Door Increase in the Federal Minimum Wage

The cost of doing business with the federal government has just gone up. Fulfilling a promise from his State of the Union Address, President Obama signed an Executive Order on February 12, 2014 that will raise the minimum wage…more

Federal Contractors, Minimum Wage, Wage and Hour

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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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Guns on Company Property: Think Twice Before Taking Action

In the latest round of gun law regulations, Governor Bill Haslam has signed an amendment to Tennessee's "Guns in Trunks" law. The amendment allows employees to sue their employers if they are disciplined or fired for storing…more

Amended Legislation, At-Will Employment, Employer Liability Issues, Governor Haslam, Guns-in-Trunks Legislation

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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 New "Quickie Election" Rules Become Effective

Just a reminder that the NLRB's new "quickie election" rules went into effect on Tuesday, April 14, 2015. We provided details regarding these in our December 16, 2014 alert…more

Ambush Election Rules, NLRA, NLRB, Union Elections, Unions

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New COBRA Notices Are Now Available on the Department of Labor Website

Just a note to let you know that the updated COBRA model General and Election Notices can now be found at www.dol.gov/ebsa/compliance_assistance.html. The Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA")…more

COBRA, DOL, Employee Benefits, Healthcare

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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, Investment Company Act, IRS

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Contact

1180 West Peachtree Street, N.W. Suite 2100
Atlanta, GA 30309-2407, United States

  • 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
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  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
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  • Litigation
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  • 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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