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You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more
I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more
In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and...more
Cross-border legal disputes are a fixture of our global economy. As a result, companies headquartered outside of the United States often find themselves involved in U.S.-based litigation or arbitration. This experience is...more
I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more
There are times when Strike 3 cannot prove its case and may be forced to dismiss the case. In these instances, the defendant may well be deemed the "prevailing party" in the case, which can support an award of costs and...more
Georgia Governor Brian Kemp has signed Georgia Senate Bills 68 and 69 into law, enacting the most significant overhaul of Georgia’s tort system since 2005. The laws, enacted on April 21, 2025, are consequential for the...more
Over the years I’ve become less enamored with arbitration as an alternative to litigating complex business cases in court, mostly because the traditional trade-off between abundant due process protections (court) versus...more
No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more
In one of the most closely watched issues before the Georgia Legislature this year, Georgia law has been amended through two tort reform bills, Senate Bills 68 and 69. These bills will impact various aspects of Georgia’s...more
The new law affects various aspects of civil litigation, including negligent security cases, damages, evidentiary matters, civil practice, and third-party litigation funding....more
On March 21, 2025, the Georgia Senate passed S.B. 68, which contains numerous provisions affecting civil lawsuits in Georgia. The provisions include limits on the amounts plaintiffs can recover for medical expenses,...more
The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court...more
If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more
In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more
Robert Hayes, et al. v. Aegis Capital, FINRA Case #22-02854 - Six claimants asserted causes of action for suitability, churning, failure to supervise, breach of fiduciary duty, breach of contract, unauthorized trading,...more
Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable - The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more
We’ve written frequently on ways that parties can recover their costs of suit — particularly deposition-related costs — at the conclusion of civil litigation. Costs related to deposition transcripts used at trial, deposition...more
The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether...more
Under what is called the American Rule, winning litigants normally pay their own attorneys’ fees. But in some situations, they can seek recovery of those fees from the losing adversary. Not surprisingly, such efforts...more
Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more
When discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt the sanctions sure to follow will be...more
Bocock v. Innovate Corp., C.A. No. 2021-0224-PAF (Del. Ch. Dec. 6, 2023) - In this recent letter opinion, Vice Chancellor Fioravanti considered whether the plaintiffs’ failure to provide specific objections to discovery...more
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile and try again. But first, the...more
At a time when remote depositions are commonplace, litigators weigh any number of factors when deciding whether a deposition should be conducted in-person or remotely. Does the case turn on the credibility of the witness, and...more