Smith, Gambrell & Russell, LLP

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Protecting proprietary software with copyright

USA - September 26 2013 A departing employee makes a copy of your company's proprietary software and you think he intends to provide it to his new employer - a competitor

Special relationship between an insured and an insurance broker

USA - April 2 2014 Does an insurance broker have a special relationship with the insured that may create a liability for failing to advise or direct the client to

Disposition of digital assets: reasons for digital estate planning

USA - May 8 2012 Death in the digital age is a lot more complicated than it used to be

The “Lefkowitz” CPLR 3101(a) “trifecta”

USA - January 1 2014 On November 7-8, 2013, the Office of Court Administration posted three informative decisions by Justice Joan B. Lefkowitz, (Supreme Court

Intellectual property invoice scams

USA - July 15 2013 We are seeing an explosion of bogus invoices for "International Trademark Registration" that are sent to entities that have recently registered

Emotional distress damages recoverable for violation of bankruptcy automatic stay

USA - May 8 2014 In Lodge v. Kondaur Capital Corp., Case No. 13-10919 (decided May 8, 2014), the United States Court of Appeals for the Eleventh Circuit decided an

DC Circuit upholds EPA rules setting standards for mercury

USA - May 2 2014 On April 15, a Federal DC appeals court upheld the EPA's February 2012 final rule setting air toxic standards for mercury. Under the rule, which

Federal Court in NY invalidates EPA water transfer rule

USA - April 25 2014 A ruling by the U.S. District Court for the Southern District of New York on March 28, invalidating a Bush-era EPA rule exempting transfers of water

Georgia is not an “Iqbal-Twombly” jurisdiction

USA - April 24 2014 In Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), the United States Supreme Court created a

Permit appeal may affect underground injection of fracking wastewater

USA - April 21 2014 On March 14, residents and officials in Brady Township, Pennsylvania, appealed an underground injection control (UIC) permit issued by U.S. EPA to