Daily Report Online | Commentary|Product Review
By Jim Dudukovich | October 19, 2021
The Federal Trade Commission (FTC) has sent a notice of penalty offenses to over 700 companies, in which the FTC cites a handful of past cases it has successfully brought as proof that certain marketing tactics involving endorsements and product reviews violated Section 5 of the FTC Act.
Daily Report Online | Commentary
By Matt Gomes and Will Ortiz | October 18, 2021
A recent study concluded that more than half of nonunion private sector employees are now subject to mandatory arbitration procedures.
Daily Report Online | Commentary
By Katherine Jensen | October 13, 2021
Under Georgia law, a claimant must prove he or she sustained an injury arising out of and in the course of the employment to recover workers' compensation benefits. The courts have construed a compensable "injury" under O.C.G.A. § 34-9-1(4) as "a discernible physical injury."
Daily Report Online | Commentary
By Everett Catts | October 8, 2021
For 2021, as in past years, the Daily Report asked several local lawyers who serve as mediators or arbitrators to submit columns providing tips on how attorneys could best handle their next mediation, arbitration or other resolution case.
Daily Report Online | Commentary
By Nisbet "Ken" Kendrick | October 8, 2021
Genuine apologies very rarely happen. Openings statements, once a chance for parties to speak freely, became the purview counsel. Far too often, the lawyer's "explanation of weakness" in an opposing party's case became a "with all due respect" moment (see "Talladega Nights;" Sony Pictures, 2006).
Daily Report Online | Commentary
By Gail S. Tusan | October 8, 2021
As Roxann Smithers, a new Atlanta mediator, said, "I have found the need to focus and perform under pressure and scrutiny in golf keeps me well prepared for the same experience in my legal practice. Whether taking a tee shot in front of a few foursomes or presenting an argument in court, you are center stage and you only get one shot to get it right."
Daily Report Online | Commentary
By Lee Wallace | October 8, 2021
Mediating a multiparty case is by no means easy, but it will almost always be cheaper, faster and more predictable than a trial.
Daily Report Online | Commentary
By Jennifer Grippa | October 8, 2021
Arbitration continues to be a growing area of ADR. More and more parties are contracting for arbitration as an alternative to the often lengthy and costly…
Daily Report Online | Commentary
By Ron Negin | October 8, 2021
Attorney preparation is a critical component to having a meaningful discussion regarding resolution.
Daily Report Online | Commentary
By Shari L. Klevens and Alanna Clair | September 27, 2021
Many bars and courts over the years have reviewed legal representations of so-called sophisticated clients who may have a better-than-average understanding of complex issues. But does a lawyer's duty or the standard of care change when representing a client who is more familiar with the business or law impacted by the representation than an average client?
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