"While litigation funding may allow greater access to “justice,” it is clear that litigation funding is rife with potential ethical issues and dilemmas, including the potential for inappropriate relationships between lawyers and funding companies, third-party control over litigation, and possible interference with the attorney–client privilege. Id."Melody Kiella Partner Melody Kiella's article, "The 'Party' You Didn't Realize Was Exercising Control over Your Litigation and What You Can Do About It," was selected for inclusion in DRI's In Transit Newsletter, Volume 24 Issue 1. Read the full article below. ... Continue Reading
Did you Know: Understanding the Department of Labor Withdrawal of FLSA Independent Contractor Rule
In response to the Department of Labor's announcement regarding an amendment to the Fair Labor Standards Act, attorney Meredith Riggs Guerrero has published an essay to help employers and independent contractors better understand these changes. Read her full article below. Department of Labor Withdraws FLSA Independent Contractor Rule On May 5, 2021, the U.S. Department of Labor (DOL) announced that it will formally withdraw the Independent Contractor Rule that it just put into effect just a few months ago, on March 8, 2021 in an effort to provide a formalized definition for independent contractor for purposes of the Fair Labor Standards Act (FLSA). Why ... Continue Reading
COVID-19 in the Workplace: Requiring Vaccinations and Making Exceptions
With COVID-19 vaccines now being made available for all adults, many employers are considering requiring employees to be fully vaccinated for COVID-19 before returning to the workplace. Can employers require their employees get vaccinated? When must employers make exceptions and accommodations for employees who have reasons NOT to receive the vaccine? Do employees need proof to be excused from receiving the vaccine? Attorney Meredith Riggs Guerrero has written a guide to understanding COVID-19 vaccination requirements and exceptions in the workplace. Check it out below. ... Continue Reading
Ryan Hathcock Featured in February 2021 Issue of Construction Business Owner
Read the most recent issue of Construction Business Owner, where Senior Associate Ryan Hathcock explains how to navigate subcontracting & workers’ compensation issues in the construction industry. "Understanding the ladder of liability in workers’ compensation claims will help you better understand your liability as a contractor, which may ultimately protect you and your business from detrimental claims in the long run." Click below to access Ryan's article, and the entire February issue of Construction Business Owner. ... Continue Reading
COVID-19 FAQs — February 2021
Can you require employees to routinely submit for COVID testing? Do you have to notify other employees if there is a COVID exposure at your business? COVID-19 regulations are changing everyday. Attorney Dan Kniffen has answered some of the most frequently asked questions to help you know what to do when it comes to staying safe in the workplace and handling COVID-19 the right way. Access Here ... Continue Reading
DEF joins the Diversity & Inclusion Roundtable Sessions
Drew Eckl & Farnham joins the highly anticipated Diversity & Inclusion Roundtable Sessions hosted by Thomas Reuters. Organizations in the top quartile of cultural/ethnic diversity among executives were 36% more likely to achieve above-average profitability and top quartile of a gender diversity among top leaders were more likely to outperform on profitability—25% more likely for gender diverse executive teams and 28% more likely for gender-diverse boards (Source: McKinsey & Co). Retention of lawyers from underrepresented groups is heavily influenced by inclusion. Inclusion is made up of the day-to-day behaviors of senior executives and partners as part of the firm's culture. ... Continue Reading
Partner Whitney Lay Greene Discusses Medical Litigation Funding in the December Edition of For The Defense
The December 2020 edition of For The Defense has published Partner Whitney Lay Greene's article on Medical Litigation Funding. Whitney provides a thorough analysis of the subject matter and dives into topics including what medical litigation funding is and how to spot it. "In person injury cases, litigation finance is more likely to involve the funding of medical treatment and falls within the smaller scope of medical litigation funding. In these cases, the third-party finance company funds the medical treatment of the party to the litigation through one of several models." Full Article ... Continue Reading
Reminder of Lockout/Tagout Procedures
When is the last time you reviewed your lockout/tagout procedures? Just a reminder below of some of the basics for Lockout/tagout procedures. Develop procedures for the control of potentially hazardous energy.Document those procedures.Train employees on the procedures, including the purpose and function of the procedures.Not only train but confirm the employees understand the purpose and function of the procedures.Train employees on the skills required for safe application, usage, and removal of energy control procedures.Put the procedures in place and utilize them.Periodically inspect the procedures to confirm the procedures are appropriate and being followed.Retrain when ... Continue Reading
Partner Whitney Lay Greene speaking on The Ghost of Treatment Past: Phantom Medical Bills, Medical Litigation Funding, and How to Fight Them Webinar
Whiteny Lay Greene will be speaking in an upcoming DRI webinar, "The Ghost of Treatment Past: Phantom Medical Bills, Medical Litigation Funding, and How to Fight Them" on Thursday, March 5th from 1:00PM - 2:00PM EST. The webinar aims to educate listeners on topics including varying types of medical funding models, discovery tactics that can be utilized by defense lawyers to obtain relevant and critical medical funding information, and case law addressing the relevance of medical funding discovery and the admissibility of medical funding information at trial. Register ... Continue Reading
Neil Brunetz Quoted in Newsday
Attorney Neil Brunetz was quoted in "Safety First, or it Will Cost You" an article by Newsday discussing why he believes companies must remain proactive about maintaining a safe work place. Neil strongly advises against waiting for OSHA coming in and administering citations to take the appropriate precautions, as inspections and penalties have increased for 2020. “Companies should be proactive and not wait for OSHA to come in and cite you for a violation,” says Neil Brunetz, an attorney at Drew Eckl & Farnham in Atlanta. “It’s kind of like paying them to be your safety consultant.”Neil Brunetz ... Continue Reading