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…)Accidents and injuries can happen unexpectedly, leaving victims with physical, emotional, and financial burdens.
In such situations, an Atlanta personal injury attorney can be a valuable ally, providing legal expertise and fighting for the rights of the injured.
This article explores the role of a personal injury attorney, reasons to hire one, when to consult them, how to choose the right attorney, and common types of personal injury cases they handle.
A personal injury attorney is a legal
In matters of estate planning and distribution, the tolling of estate claims can have significant implications.
Understanding what tolling entails, its process, and its impact on estate distribution is essential for anyone involved in estate matters.
This article aims to shed light on the concept of tolling estate claims, its reasons, the process involved, and its pros and cons.
Tolling is a legal principle that allows for the suspension or extension of the statute of limitations
Experiencing a tractor-trailer accident can be a traumatic and overwhelming event.
Knowing what to do in the aftermath is crucial to protect your rights and ensure you receive the necessary support and compensation.
Here are essential steps to take after a tractor-trailer accident:
Immediately after the accident, check yourself and others for injuries.
If anyone is seriously injured, call for medical assistance right away.
Move to a safe location if possible to avoid further harm.
When pursuing a medical malpractice case, one of the primary concerns for individuals seeking legal representation is the cost. Medical malpractice lawyers‘ fees can vary depending on different factors and fee structures.
Medical malpractice lawyers typically get paid through various fee arrangements. The most common fee structures include contingency fees, hourly rate billing, and retainers with expenses.
Contingency fees are a prevalent arrangement in medical malpractice cases. With this approach, the lawyer only
If you or a loved one has experienced medical malpractice, taking legal action might be necessary to seek compensation for the damages. However, the process of suing a doctor for medical malpractice can be complex. This step-by-step guide will help you understand what to do if you find yourself in such a situation.
Before delving into the steps of suing for medical malpractice, it’s crucial to emphasize the importance of seeking legal representation. Medical malpractice cases
Lift truck accidents can lead to severe injuries and even fatalities if proper precautions are not taken.
Understanding the most common types of lift truck accidents is crucial for promoting safety in workplaces that utilize these vehicles.
In this article, we will explore the various factors related to lift truck accidents, including their causes, types, legal implications, prevention measures, and the role of a truck accident lawyer.
If you or a loved one has experienced medical malpractice, you may be wondering how to win a medical malpractice case and seek justice.
Navigating the legal system can be overwhelming, but with the right approach and expert legal advice, you can increase your chances of a successful outcome.
In this article, we will explore the different types of medical malpractice lawsuits, how to prove medical malpractice, and the essential steps to succeeding in your medical
malpractice suit.
If you’ve experienced harm or injury due to medical negligence, a medical malpractice lawyer can be your advocate and guide throughout the legal process.
These lawyers specialize in handling cases involving medical errors, ensuring that victims receive the compensation they deserve.
Let’s delve into the role of medical malpractice lawyers and the benefits of hiring one.
Medical malpractice lawyers investigate the details surrounding a potential case, reviewing medical records, consulting with medical experts, and
Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.
Proving medical malpractice can be complex and challenging, requiring a thorough understanding of the legal requirements and the ability to gather compelling evidence.
In this article, we will provide a comprehensive legal guide on how to prove medical malpractice.
From understanding the elements of a malpractice claim to gathering evidence and navigating the legal process, we’ll cover everything you need to know.
When faced with a potential medical malpractice case, finding the right attorney is crucial to navigate the complex legal landscape & seek justice for any harm or injuries suffered.
In this panoramic guide, we will explore the steps you can take to find a reputable medical malpractice attorney who can effectively represent your interests.
From researching potential attorneys to evaluating their experience and expertise, we will equip you with the knowledge to make an informed decision and empower you in your pursuit of justice.
