Georgia Guarantors Liable for Deficiency without Confirming Foreclosure
In 2013, the Georgia Court of Appeals issued its decision in HWA Properties, Inc. v. Community & Southern Bank, 322 Ga. App. 877, 746 S.E.2d 609 (2013) (“HWA”), holding for the first time that...
Tennessee A.G. Clarifies C.O.N. Law on Free Standing Emergency Departments
The Tennessee Attorney General has issued a formal opinion concluding a certificate of need (C.O.N.) is required in order for a hospital to establish a free standing emergency department (FSED) not located on its...
Labor Department Issues Final Rule to Establish a Minimum Wage for Federal Contractors
On October 1, 2014, the United States Department of Labor issued a Final Rule to establish a minimum wage of $10.10 per hour for certain federal contractors beginning January 1, 2015. The rule implements...
Get Your Disclosures On! – The FTC and Operation Full Disclosure
Sixty companies received warning letters from the Federal Trade Commission in September advising that disclosures, the so-called “small print” in advertising, were inadequate to make otherwise misleading claims truthful. The FTC’s “Operation Full Disclosure”...
Collecting Attorney's Fees - To Sue or Not To Sue?
Some creditors believe that they can only collect contractual attorney’s fees if their attorney files suit against the debtor and obtains judgment. That is not the case. Creditors do not have to file suit or...
8 Tips on U.S.P.T.O. Examiner Interviews
The author has practiced patent prosecution close to the U.S. Patent and Trademark Office for more than 30 years. He conducts examiner interviews on a regular basis and has conducted approximately 1,500 to date...
Florida Law Permits Limitations of Liability Clauses for Design Professionals
Florida enacted legislation making limitation of liability clauses for design professionals enforceable when certain conditions are met. The new law, passed last year, reverses the decision of a Florida appellate court that ruled in 201...
WOTUS Proposed Rule Comment Period Ends October 20, 2014
Stakeholders are now on the clock to provide comments to the U.S. Army Corps of Engineers (“Corps”) and the Environmental Protection Agency’s (“EPA’s”) sweeping proposal to re-define jurisdictional “waters of the United States,” now being...