Publications Archive

Anandhi Rajan and Crystal Stevens McElrath authored an article for the June 2018 issue of Employee Benefit Plan Review discussing considerations for employers to be compliant and accommodating when it comes to managing pregnant employees.

For the full article, please click here.

Jessica Phillips joined Jonathan Morgan, a senior litigation specialist at Georgia Farm Bureau Mutual Insurance Company, to author an article for the July 2018 issue of CLM Magazine offering practical guidance for claims professionals to address fraudulent claims made by roofers. After a storm, roofers often seek opportunities for work that can be covered by a homeowners insurance policy, and it is important to understand common tricks that some deceitful roofers might employ to game the insurance system. It is vital to be mindful of these deceptive practices.

In an article published in the April issue of the Association of Corporate Counsel Docket, Atlanta-based attorneys Crystal Stevens McElrath and Blake Staten, along with fellow co-author Christopher Lee, general counsel at Southeastrans, provide insight regarding the willful misconduct defense in workers’ compensation claims. Some states, including Georgia, provide for this defense, where employers can apportion or share the responsibility for an on-the-job accident, if the action is considered to be “willful misconduct.” For the full article, you may click here.

In an article published on Feb. 20, 2018, in Claims Journal,  attorneys David Atkinson and Eleanor Jolley provide insight to the known loss doctrine, an insurance rule that provides that there is no coverage for a loss that has already occurred.

For the full article, you may click here.

In an article published in the Fall 2017 issue of Employment Relations Today, Swift Currie attorneys Anandhi Rajan and Crystal McElrath provide an overview of the recent regulatory changes at the U.S. Department of Labor, Equal Employment Opportunity Commission, Internal Revenue Service, National Labor Relations Board and Occupational Safety and Health Administration. For the full article, subscribers to Employment Relations Today may click here.

In an article published on Jan. 29, 2018, in HR Dive, Anandhi Rajan, an Atlanta-based partner at Swift Currie, provides insight into the compliance steps that employers should follow when an employee goes on maternity leave. The article advises employers to be cautious since the U.S. Supreme Court was careful not to grant pregnancy a more “favored” status.

For the full article, you may click here.

In an article published in the 2017 November issue of Construction Executive magazine, Swift Currie partner Tom Ward provides guidance as to how the National Pollutant Discharge Elimination System (NPDES) has had an impact on the construction industry and the recent updates the permit entails. The Environmental Protection Agency replaces the permit every five years and the updated 2017 permit presents a controversial change, “Language making all operators at a site jointly and severally liable for any permit violation,” Ward explains. “While challenges have been filed contesting this language, those lawsuits will not be resolved until the end of the year at the earliest.” He also discusses other significant updates to the permit that those in the industry need to know.

For the full article, you may view the digital edition of the magazine here.

In an article published recently in the Birmingham Business Journal, Swift Currie partner Lane Finch, who runs the firm’s Birmingham office, provides insight for businesses regarding how to have the right insurance coverage in the event of natural disasters. Finch, who works in the firm’s Insurance Coverage and Property Insurance practice groups, among others, writes that early estimates of the damage arising from Hurricane Irma range between $42.5 and $65 billion, a significant percentage of which will be borne by businesses.

For the full article, you may click here.

In an article published on Oct. 25, 2017, on the website of ACC Docket, Swift Currie partner Lane Finch and Woodruff Sawyer & Co. partner and Senior Vice President Priya Cherian Huskins are referenced for their insight as to how businesses can ensure that they are prepared in the event of a natural disaster. Finch and Huskins recommend for companies to secure commercial property insurance policies. At the very least, they advise a company to provide property damage coverage for physical loss or damage to business property and extra expense coverage for both the policyholder’s costs in minimizing or avoiding a business income loss and those costs the policyholder would not have incurred but for the covered loss.

For the full article, you may click here.

In an article published in the 2017 November issue of ACC Docket, Swift Currie partner Lane Finch and Woodruff Sawyer & Co. partner and Senior Vice President Priya Cherian Huskins provide guidance as to how businesses can ensure that they are prepared in the event of a disaster, whether it be a hurricane, flood, fire or cyber attack. Finch and Huskins stress the importance of a business interruption plan, which includes two key factors: devising a business plan to minimize the interruption of your company’s business in the aftermath of a natural or man-made disaster and to insure against those things you cannot avoid.

Please click here to download a PDF of the article.

In an article published on Oct. 6, 2017, in the print edition of the Atlanta Business Chronicle, Brad Holcombe, partner in the Workers’ Compensation practice group at Swift Currie, discusses what employers should be doing to prevent any injuries in the workplace. “Counting on common sense to keep workers safe is a recipe for disaster,” he says. Holcombe recommends that employers should implement consistent, thorough training on how employees can stay safe. For the full article, subscribers to the Atlanta Business Chronicle may view the full edition of the article here.

In an article published on Oct. 3, 2017, in Claims Journal, Brad Holcombe, partner in Swift Currie’s workers’ compensation group, discusses the importance of using a claimant’s recorded statement. Holcombe explains why the claimant’s statement plays such a vital role and writes that it is essential to retain as much information as possible from each side involved. For the full article, you may click here.

In an article published in the 2017 Fall issue of the Georgia Motor Trucking Association’s magazine, Trux, Swift Currie attorney Dan Kingsley discusses the increase of trucking companies using on-board video systems because of their vulnerability to civil litigation lawsuits. Kingsley also addresses Georgia’s laws behind using video evidence in the courtroom. “Oftentimes, the ability of a trucking company to determine the reason for an accident rests with the statements of each driver and an accident report completed by an officer who did not witness the incident,” Kingsley writes. Video preservation is vital to the trucking companies, specifically, “A clear and communicated policy regarding video preservation is imperative for any company implementing video systems.”

For the full article, you may view the digital edition of the magazine here.

In an article published on July 31, 2017, in Law360, Jessica Phillips provides insight into the impact that the crime of arson has on the insurance industry by examining the housing crash of 2009.

For the full article, subscribers to Law360 may click here.

In an article published on July 18, 2017 by IndustryWeek, Brad Wolff provides an overview of recent developments in product liability litigation.

For the full article, you may click here.

In an article published on May 2, 2017, in the ABA Coverage Journal, Swift Currie partner David Atkinson and associate Eleanor Jolley discuss the application of the “known loss” doctrine (which provides that insurance coverage is not available for a loss that has already occurred) in the context of liability insurance for third-party claims.

The full article is available by clicking here.

In an article published on June 13, 2017, in Business Alabama, Swift Currie’s Birmingham-based senior attorney David Williams provides guidance on how trucking companies are incorporating technology and trying to recruit more drivers.

For the full article, you may click here.

In an article published on June 7, 2017, in FC&S Legal, also known as The Insurance Coverage Law Information Center, Swift Currie associate Rebecca Strickland offers insight as to how vital it is that businesses create an insurance interruption plan in the case of an emergency. 

For a PDF of the article, click here.

In an article published on May 5, 2017, in the Birmingham Business Journal, senior attorney David Williams provides insight as to how social media has impacted litigation.