Eleventh Circuit Slaps Sanctions on Plaintiffs for Pursuing Libel Suit Based on Intra-Corporate Memorandum
Business Litigation & Arbitration
March 28, 2008
ATTORNEYS
Ann W. Ferebee
Eric P. Schroeder
The Eleventh Circuit Court of Appeals has reversed the ruling of an Atlanta federal district court and ordered that sanctions be imposed on plaintiffs who filed a libel lawsuit based on an internal corporate memorandum.
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No Double-Dipping For Copyright Infringement Damages
Business Litigation & Arbitration
March 18, 2008
ATTORNEYS
John C. Bush
Eric P. Schroeder
Copyright owners may only receive a single recovery for a single
injury regardless of the number of infringers under the Eleventh
Circuit's recent holding in BUC International Corporation v.
International Yacht Council, Ltd., et. al.
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Loose Lips Result In Lawsuits: GA Supreme Court Limits The "Intracorporate Publication" Defamation Defense
Business Litigation & Arbitration
February 8, 2008
ATTORNEYS
Ann W. Ferebee
Eric P. Schroeder
The Supreme Court of Georgia confirmed the limited scope of the "intracorporate publication" defense to defamation claims when it unanimously ruled that when an employee is fired, only those company employees who have a "need to know" the alleged reasons for the firing can be told the reasons or the fired employee may have a defamation claim against the company if the stated reasons are not true.
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Electronic Data Discovery - How the Changes in the Federal Rules of Civil Procedure will Change the Production of Electronic Evidence - 12/04/06
Litigation
December 4, 2006
ATTORNEYS
Jennifer Devine Odom
Vjollca Prroni
Electronic documents, e-mail messages and other electronic data have become an area of significant concern when it comes to producing information in response to government subpoenas, informal government inquiries, and document requests in litigation. The production of electronic information is costly. Knowing exactly what exists on company servers and hard drives, and knowing what to produce and how to produce it can be confusing.
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The Landowner's Bill of Rights and Private Property Protection Act - 04/14/06
Business Litigation & Arbitration
April 14, 2006
Before the summer of 2005, most Americans had little concept of eminent domain and even less of an idea of how Georgia law governed or guided the takings process. Now, thanks to the valiant efforts of Suzette Kelo, such terms are common water-cooler and cocktail party conversation topics. State legislators and their constituents around the country are fully engaged in the property rights revolution. Georgia is one of the first states to pass eminent domain reform.
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What Do You Mean I Waived My Right to Arbitrate? Part II - 04/05/06
Construction Contracts
April 5, 2006
ATTORNEYS
Curtis James Romig
In Part I, we warned about the dangers of failing to carefully craft and follow an arbitration provision. However, even parties who draft and enter into a valid and enforceable arbitration provision can lose their right to arbitrate if they do not consistently object to improper litigation, assert their right to arbitrate in that litigation, and refuse to meaningfully participate in the litigation as two recent cases below demonstrate.
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California Supreme Court Strikes Down Contractual Waiver Of Class Wide Arbitration - 08/03/05
Business Litigation & Arbitration
August 3, 2005
ATTORNEYS
Christopher P. Galanek
Curtis James Romig
In a decision with immediate implications for companies doing business in California, the Supreme Court of California recently struck down a contractual waiver of class wide arbitration.
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Supreme Court Broadens Power to Condemn Private Property - 06/30/05
Business Litigation & Arbitration
June 30, 2005
On June 23, 2005 a divided U.S. Supreme Court affirmed a Connecticut Supreme Court ruling broadening the powers of eminent domain as granted by the Fifth Amendment to the United States Constitution. The definition of "public use" now includes the taking of private property when a city's development plan "substantially advances" a public purpose, even if the property is transferred to a private enterprise.
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Agency Defense Saves U-Haul From Retail Price Maintenance Antitrust Liability - 03/03/05
Antitrust Client Alert
March 3, 2005
ATTORNEYS
G. Patrick Watson
The Eleventh Circuit Court of Appeals recently affirmed a decision dismissing an antitrust case filed against U-Haul. The case, filed in a Florida District Court, alleged that U-Haul had conspired with its independent dealers to fix rental prices in violation of Section 1 of the Sherman Act.
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