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Article

Kilpatrick Townsend & Stockton LLP | USA | 28 Jun 2019

June 28, 2019 Data Breach Class Actions - Georgia Supreme Court Rejects Duty to Safeguard Personal Information

Takeaway: Plaintiffs in data breach class actions usually assert common law tort claims, such as claims for negligence, gross negligence, and

Article

Kilpatrick Townsend & Stockton LLP | USA | 26 Oct 2014

The 11th Circuit asks the Georgia Supreme Court: “what’s a policyholder to do?”

An insured has an opportunity to settle a $150 million class action suit for $4.9 million and asks its liability insurance carrier to pay the

Article

Kilpatrick Townsend & Stockton LLP | USA | 22 Mar 2014

One simple word makes a difference to the Georgia Supreme Court

The standard Comprehensive General Liability policy covers all sums an insured "becomes legally obligated to pay." Most state Supreme Courts that

Article

Kilpatrick Townsend & Stockton LLP | USA | 20 May 2013

Inevitable disclosure of trade secrets is not an independent cause of action in Georgia

In Holton v. Physician Oncology Servs., LP, No. S13A0012, 2013 WL 1859294 (Ga. May 6, 2013), the Georgia Supreme Court held that Georgia law does not

Article

Kilpatrick Townsend & Stockton LLP | USA | 12 Jun 2012

Georgia Supreme Court sanctions coverage for “diminution of value” caused by damage to insured commercial property

In what may be the first appellate ruling in the United States on the issue, the Georgia Supreme Court has ruled that a commercial policyholder may recover from its property damage insurer loss for “diminution in value” in addition to the costs of repairing a damaged building.

Article

Kilpatrick Townsend & Stockton LLP | USA | 10 Feb 2012

Georgia once again allows nonlawyers to file responses to garnishments

As we reported in our September 28, 2011 Legal Alert, the Georgia Supreme Court held last year that only licensed Georgia attorneys could lawfully file a response to a garnishment summons filed against an entity (as opposed to an individual) in a Georgia state or superior court, thus adding expense and delays to a procedure most Georgia employers and other business entities had traditionally handled through nonlegal staff, such as human resources or payroll personnel.

Article

Kilpatrick Townsend & Stockton LLP | USA | 28 Sep 2011

Georgia Supreme Court bars nonlawyers from responding to garnishments

On September 12, 2011, the Supreme Court of Georgia adopted what, until then, had been an advisory opinion from the State Bar of Georgia declaring that nonlawyers who file responses to garnishments in a Georgia court of record are engaged in the unlicensed practice of law.

Article

Kilpatrick Townsend & Stockton LLP | USA | 9 Mar 2011

The Georgia Supreme Court holds that defective construction constitutes an “occurrence” under a CGL insurance policy as long as the resulting damage or injury is neither expected nor intended

In a 6-to-1 decision, Monday the Georgia Supreme Court held that faulty workmanship is an "occurrence" under a commercial general liability (CGL) insurance policy as long as the resulting property damage or bodily injury is neither expected nor intended.

Article

Kilpatrick Townsend & Stockton LLP | USA | 11 Nov 2010

New Georgia law on employment-related restrictive covenants Controversy Over Effective Date

On November 2, 2010, Georgia voters approved an amendment to the Georgia Constitution that, absent a successful challenge to the validity of its enactment, will dramatically change Georgia law on restrictive covenants.

Article

Kilpatrick Townsend & Stockton LLP | USA | 24 Apr 2008

Restrictive covenants - non-solicitation of customer clauses - enforceability

A non-solicitation of customer clause is a common form of restrictive covenant used in employment, distributorship, franchise, and other types of commercial contracts.

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