Most of us have been asked by a friend or neighbor to recommend a “good contractor” for a home repair or improvement project. Most of us are also comfortable using the internet to purchase goods ranging from car air fresheners to cars themselves. And many people have grown accustomed to using the internet to simplify comparison shopping – often through the known reviewing websites and services that aggregate the reviews of other consumers. Predictably, some internet and technology companies have seen an opportunity to use the internet to provide contractor referrals. Online contractor referral services, though, operate at the confluence… Read more

New York law gives our courts the authority to hear and determine disputes involving foreign corporations or non-residents – where the amount in dispute is significant and the parties jointly submit to such jurisdiction by contract. As a result, our courts are often the venue of choice for major transactional and international disputes where the law of New York will be applied. The combination of New York forum selection and choice of law provisions in an agreement means that a dispute may face some of the anomalies of our local practice. One such nuance relates to burden of proof. But… Read more

To build automobiles in the early 20th century, Henry Ford built the largest integrated manufacturing plant the world had ever seen. Indeed, he eventually purchased iron mines in Minnesota and rubber plantations in Brazil so that he could control all of the inputs that went into his cars. That world no longer exists. In recent years, the manufacturing process has become more fragmented. Different companies specialize in the manufacture of component parts that can be used in a wide variety of products. Manufacturers outsource the production of components to many different manufacturers and suppliers. Sometimes, those suppliers are on the… Read more

Each of the major federal environmental statutes contains a “citizen suit” provision. See 33 U.S.C. § 1365 (Clean Water Act); 42 U.S.C. § 7604 (Clean Air Act); 42 U.S.C. § 6972 (Resource Conservation & Recovery Act (RCRA)); and 42 U.S.C. § 9659 (Comprehensive Environmental Response Compensation & Liability Act (CERCLA)). As enforcement budgets and staff of state and federal environmental agencies are reduced, it is an increasingly common occurrence for manufacturing facilities, real estate developers, infrastructure projects and others to receive letters from nongovernmental entities, environmental organizations and/or an individual notifying the recipient of the letter that it will be… Read more

Appellate courts are a vital part of our justice system, and I’m pleased to have spent 17 years as a jurist in one of the best. These courts evaluate cases that were previously ruled on to ensure the right judgment was made at the trial level. I enjoyed being in a position to try and “get it right” after a case had been tried below. You may find a case you feel strongly about reach this elevated level of the justice system. Even if you’re not one of the parties in the case, there may be a way to have… Read more

The Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce Act, or the Shop Safe Act 2020, for short, was introduced in Congress on March 2, 2020 by a bipartisian group of members of the U.S. House of Representatives.[1] The bill is one of several introduced in Congress to address the growing concern over counterfeit products flooding e-commerce platforms as online shopping continues to capture a growing share of the retail market.[2] The Shop Safe Act proposes to amend the Trademark Act of 1946 and establish contributory trademark liability for online marketplaces based on the sale of counterfeit… Read more

As the COVID-19 pandemic continues, many employees continue to work remotely. Remote work has many benefits and allows the workplace to operate even when employees cannot be physically in the workplace, but this type of work does not come without risks for employers. One area that can be particularly perilous for employers is ensuring that employees are paid correctly. Not paying employees correctly, even inadvertently, can be costly; employees who recover in a lawsuit for improperly paid wages may receive twice the amount of unpaid wages, as well as attorneys’ fees and other damages. So, employers must be vigilant to… Read more

Since the onset of the COVID-19 pandemic in March of this year, America’s courthouses have been shuttered to varying degrees. Some courts are open for some limited types of business, but many remain closed to jury trials and other proceedings that require packing large numbers of people into small courtrooms that in many instances are not equipped with state-of-the-art HVAC systems. But dispute resolution in America has not come to a standstill. Instead, companies that provide alternative dispute resolution, or “ADR,” services – namely, arbitration and mediation – are back to pre-COVID case levels. Along the way, one thing has… Read more

Two years ago, Peter Crofton, Greg Smith and Darren Rowles of SGR’s Construction Practice founded the Construction Law Section of the State Bar of Georgia. Today, the State Bar’s Construction Law Section is excited to announce the unveiling of its recorded Oral History Project. Georgia is widely recognized as the birthplace of construction law as a distinct area of legal practice. This project honors four living legends of the Georgia Bar — James Groton, Kent Smith, Fielder Martin and John Hinchey — who tell in their own words how they helped to build the practice of construction law in Georgia…. Read more

What types of events trigger internal investigations at institutions of higher learning? Institutions of higher education often employ thousands of employees and may enroll tens of thousands of students. These people may use campus housing, work on government research grants, or interact with others inside or outside the classroom, lab or athletic field. Institutions have commercial relationships with suppliers and customers beyond the students they educate. Numerous federal and state regulations apply to institutions. These regulations become increasingly complicated every year, and the cost for noncompliance is high. Many Institutions also operate on the international stage – oftentimes sending researchers… Read more