ATLANTA,GA
DULUTH, GA
When the government investigates or prosecutes alleged corporate crime, a key question commonly emerges: Will the accused client waive attorney-client privilege and disclose relevant communications to the government?
This issue often arises because lawyers are routinely involved in corporate actions and decisions later subject to government scrutiny. “The extensiveness and complexity
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You know the Supreme Court of the United States feels strongly about an issue when, in the Court’s parlance, it adds “extra icing on a cake already frosted.”
That is, in effect, what the Court did in Van Buren v. United States (No.19-783), an opinion issued last Thursday in which the Court reversed the Eleventh Circuit Court of Appeals in a prosecution arising under the Computer Fraud and Abuse Act (CFAA). After considering “the text, context, and structure” of the CFAA, the Court resolved the issue in dispute—i.e., the cake was “frosted.” But the Court then added “extra icing” and emphasized—again—its profound concerns with federal prosecutors using broad federal criminal laws to target ordinary, seemingly innocent conduct.[1]
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As mentioned in Part I, punitive damages are not available as part of the wrongful death claim. They are, however, available in connection with the estate’s claims for the decedent’s predeath injuries and pain and suffering. Donson Nursing Facilities v. Dixon, 176 Ga. App. 700, 701 (1985).
Like with the wrongful death claim itself, punitive damages were not allowed under common law.
They are statutory in nature, and consequently, they are strictly construed.
The relevant statute
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This is Part I of a discussion concerning what damages are available in Georgia wrongful death cases. Part II will be published next week.
Wrongful death claims in Georgia are typically divided into two separate claims: (1) the wrongful death per se as measured by the “full value of the life of the decedent” without deducting for any of the necessary or personal expenses of the decedent had he or she lived;
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[Law360 published the below article by Finch McCranie partner, David Bouchard, on January 25, 2021. The article concerns PPP fraud and enforcement. Our white collar criminal defense team is deeply experienced in helping individuals and businesses navigate government investigations, enforcement actions, and prosecutions. If you are contacted by a law enforcement or regulatory authority regarding a PPP loan or other business transaction, do not hesitate to contact our capable team.]
(more…)Georgia trucking accidents and commercial vehicle accidents are significantly different than typical motor vehicle collisions that involve two individuals driving privately in vehicles and are not working on behalf of their employer at the time of the wreck. The primary reason for this is that tractor-trailers and other commercial vehicles are governed by the Federal Motor Carrier Safety Regulations, which have also been adopted by the State of Georgia. A “commercial vehicle” is defined as any vehicle used on the highway or interstate
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Videoconferencing has skyrocketed in popularity because of the pandemic. Just check Zoom’s stock. Seemingly overnight, what used to be an irregular method of business communication has become commonplace.
Courts have embraced the craze, frequently holding hearings and other meetings by video. But there are limits to what a court can permissibly accomplish by video. While some observers have suggested videoconferencing is a potential solution to the problem of requiring live, in-person testimony during a pandemic spread by airborne particles, the Supreme Court of Michigan held in a recent criminal appeal that “two-way, interactive video testimony violated the defendant’s Confrontation Clause rights.”[1]
(more…)Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances. See Boling v. Foster, 254 Ga. App. 374 (2002). The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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In the early days of the Coronavirus pandemic, Congress passed relief legislation authorizing unprecedented federal aid to states, businesses, and individuals. In short order, a torrent of federal spending flowed. While those days may seem long gone as initial relief dollars have dried up and Congress is now debating additional relief programs, the Department of Justice (“DOJ”) remains focused on investigating and prosecuting fraud schemes arising from relief programs rolled out at the beginning of the pandemic.[1]
(more…)Medical malpractice is a complex issue that can have serious implications for patients and their families.
In Atlanta, where access to quality healthcare is crucial, having the right legal guidance is essential.
This article delves into the world of Atlanta Medical Malpractice Lawyers, their role in navigating legal challenges in healthcare, and how they can help victims seek justice.
Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.
It can encompass misdiagnosis, surgical errors,
In the realm of legal proceedings, understanding the nuances of filing a Federal Tort Claims Act (FTCA) case can be a complex but crucial endeavor.
Whether you’ve suffered injury, property damage, or any form of harm due to the actions of a federal government employee, the FTCA provides a path for seeking compensation.
This article delves into the process of filing an FTCA case, offering insights and guidance every step of the way.
The FTCA is rooted in
When medical care falls short of the expected standards, patients can suffer severe consequences.
Atlanta medical malpractice lawyers play a crucial role in advocating for victims of medical negligence.
In this article, we’ll delve into the responsibilities of these legal professionals, the process of pursuing a medical malpractice case, and how their expertise ensures justice for those who have suffered harm due to medical errors.
Medical malpractice refers to the negligence of healthcare professionals or facilities in providing
When medical professionals make mistakes, the consequences can be devastating.
In Atlanta, medical malpractice lawyers are here to provide support and guidance for individuals and families who have suffered due to medical negligence.
With their expertise and commitment to justice, these lawyers play a crucial role in ensuring that victims receive the compensation they deserve.
Understanding Medical Malpractice: Medical malpractice occurs when a healthcare provider’s negligence leads to injury or harm to a patient.
This can encompass
Car accidents can leave a trail of physical, emotional, and financial turmoil in their wake.
When dealing with the aftermath of a car accident in Atlanta, having the support of experienced car accident lawyers can make all the difference.
In this comprehensive guide, we’ll delve into the importance of Atlanta car accident lawyers, what to consider when hiring one, and how they can help you secure the justice and compensation you deserve.
Legal matters can be intricate, daunting, and emotionally taxing.
Whether you’re facing a personal injury claim, a complex business dispute, or a criminal charge, having a skilled and experienced trial lawyer by your side can make all the difference.
In Atlanta, a city bustling with legal complexities, the expertise of trial lawyers is an invaluable asset.
Let’s delve into the realm of Atlanta trial lawyers, understanding their roles, the cases they handle, and the impact they make in the pursuit of justice.
If you find yourself in a situation where you’ve uncovered unethical or illegal activities within a company, you might be facing a moral dilemma.
Reporting corporate misconduct is crucial for upholding ethical standards, but it can also be daunting, given potential repercussions.
This is where an Atlanta whistleblower lawyer comes into play.
In this article, we’ll delve into the world of whistleblower cases, the importance of legal protection, and the role an Atlanta whistleblower lawyer plays in ensuring justice prevails.
Whistleblower
The Paycheck Protection Program (PPP) was a crucial lifeline for businesses during the COVID-19 pandemic, providing much-needed financial relief to keep their doors open and employees paid.
However, with the speed at which the program was rolled out, it also became a breeding ground for fraudsters looking to exploit the system for personal gain.
PPP fraud prosecution has since become a pressing issue, with authorities working tirelessly to identify and hold those responsible accountable.
PPP loan fraud has been on
Navigating the complex world of securities law in Atlanta can be a daunting task, whether you are an individual investor or a business owner.
In such cases, the expertise of Atlanta securities enforcement lawyers becomes invaluable.
These legal professionals specialize in securities enforcement law, representing clients in cases related to securities fraud, insider trading, compliance issues, and more.
Let’s delve into the world of securities enforcement law and understand the role these lawyers play in safeguarding your investments and interests.
If you’ve been involved in a car accident in Atlanta, follow these crucial steps to ensure you protect your rights and maximize your chances of receiving fair compensation:
