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Our Publications

4/1/2010
Protecting Customer Relationships in the Blackberry Age
The proliferation of BlackBerrys, iPhones and other “smart phones” has compl icated what business owners must do to protect their customers’ contact information from being taken and used by departing employees to compete.
Benjamin I. Fink and Anne E. Andrews
9/7/2009
Georgia’s Right To Repair Act - A Guide For Homeowners
The disputes that arise between homeowners and contractors
can ultimately wind up in unfamiliar and undesirable territory for both parties—the courtroom.
William J. Piercy and Kristin N. Zielmanski
8/21/2009
Continuing Legal Education Seminar Beer & CLE: The Life of a Trial.
Steven Wagner will be co-chairing Continuing Legal Education Seminar Beer & CLE: The Life of a Trial. to be held August 26, September 30, October 29, and November 19, 2009.
Steven A. Wagner
6/26/2009
Georgia Adopts The Uniform Electronic Transactions Act
The Act establishes guidance and uniform standards for the enforceability of electronic transactions. Importantly, the Act is voluntary and does not require parties to conduct business electronically.
William J. Piercy and Kristin N. Zielmanski
6/26/2009
Advisory on Supreme Court’s Decision in Ashcroft v. Iqbal
Supreme court reaffirms new “plausability” standard for judging sufficiency of pleadings under rule 8(a) (2) of the federal rules of civil procedure.
Alan E. Lubel
5/1/2009
Considering the Devil and the Law and Unintended Consequences
What Businesses Should Consider About The New Efforts to Modify Georgia’s Current Law on Employee Restrictive Covenants
4/29/2009
Restrictive Covenants Legislation to Go into Effect Upon Passage of Constitutional Amendment in 2010 General Election
On April 29, 2009, Governor Perdue signed House Bill 173, which may significantly change Georgia law on restrictive covenants.
Benjamin I. Fink and Neal F. Weinrich
2/17/2009
The American Recovery and Restoration Act Imposes New COBRA Subsidy Requirements
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009
Kenneth N. Winkler
1/29/2009
President Obama Signs Lilly Ledbetter Fair Pay Act
January 29, 2009: President Barack Obama signed the Lilly Ledbetter Fair Pay Act of 2009
1/26/2009
U.S. Supreme Court Expands Retaliation Protection in Title VII Case
January 26, 2009: The U.S. Supreme Court unanimously ruled that the anti-retaliation provisions of Title VII apply to employees who voluntarily cooperate.
11/13/2008
Fiduciary Duties of Members in Georgia, LLCs
Fiduciary Duties of Members to a Limited Liability Company and to Other Members
Thomas E. Sowers
7/1/2008
Selling or Buying a Business with Restrictive Covenants: What You Can (Or Cannot) Expect After the Sale Is Completed
One of the seminal moments in a business owner’s professional life is when his/her business is founded or acquired. Another such moment is when the business is sold.
7/1/2008
Recent Federal Case Reveals Potential Liability For Employers Based On Employee Cell Phone Usage
A recent federal appellate court decision raised significant issues that could affect employers who provide communication devices to their employees.
6/20/2008
Georgia’s New Law Permits Concealed Weapons
On May 14, 2008, Georgia Governor Sonny Perdue signed into law the Business Security and Employee Privacy Act.
Kenneth N. Winkler
5/21/2008
President George W. Bush signed the Genetic Information Nondiscrimination Act (GINA).
On May 21, 2008, President George W. Bush signed the Genetic Information Nondiscrimination Act (GINA).
Kenneth N. Winkler
2/1/2008
President Signs New Act Expanding FMLA for Military Families
On January 28, 2008, President Bush signed into law the Family Leave in Connection with Injured Members of the Armed Forces Act. The Act grants additional leave under the Family and Medical Leave Act of 1993 (FMLA).
Kenneth N. Winkler
10/1/2007
Credit where credit is due: Taking advantage of the tip credit
As common practice in the restaurant industry, restaurant owners depend on bartenders and servers to perform various duties beyond serving food and beverages, for which they are not tipped.
Kristin N. Zielmanski
10/1/2007
Declaratory Judgment Actions: When are they Appropriate?
Declaratory judgments are an important tool in litigation. They allow businesses or
individuals to seek a court’s direction at the early stages of a controversy.
Neal F. Weinrich
8/1/2007
EEOC Initiatives Require Operators To Be Proactive In Preventing Discrimination Lawsuits
It has been said that litigation is the legal right that guarantees every corporation its decade in court. Sadly, this has become a reality for many restaurant operators.
Kenneth N. Winkler
8/1/2007
Representing Yourself And Your Business In Magistrate Court
Business is rife with conflict. To succeed, a business owner must be adept at resolving these disputes quickly and efficiently. Sometimes, more that a simple phone call, refund or apology is needed. Some disputes must be resolved in court.
William J. Piercy
8/1/2007
Supreme Court Upholds FLSA Exemption for Certain Home Health Care Employees
Home health care agencies take note -- The Supreme Court recently addressed an important
wage and hour question facing the home health care industry
Neal F. Weinrich
6/1/2007
Employers Beware when Drafting and Proposing Severance Agreements
Employers must carefully review their severance agreements to ensure they comport with federal discrimination laws.
Neal F. Weinrich
6/1/2007
Copyright Protection of Architectural Drawings
For as long as there have been builders
and architects, there have been conflicts between the two. One such struggle is the architect's rights to his or her copyrighted drawings and a builder's need for designs for homes to build.
6/1/2007
Letter of Intent Issues in the Purchase or Sale of a Privately Owned Company
Purchasers or sellers of businesses often engage corporate attorneys to represent their interests in a transaction after having negotiated the terms of a letter of intent on their own behalf.
Thomas E. Sowers
4/1/2007
How to Protect Your Business from Employees Who Leave
Have you ever thought about how your business would be impacted if one or more of your key employees resigned and either formed a competing business or joined a competitor?
Benjamin I. Fink
3/29/2007
EEOC LAUNCHES E-RACE PROGRAM TO COMBAT RACIAL DISCRIMINATION
In an effort to combat racial discrimination in the workplace, the Equal Employment Opportunity Commission (“EEOC”) has launched its E-Race Initiative.
Kenneth N. Winkler
3/1/2007
Personal Jurisdiction and the Internet
In recent cases, the federal courts have continued to analyze the characteristics of this ever expanding technology under the Supreme Court=s existing personal jurisdiction precedent.
Steven A. Wagner
2/1/2007
Immigration Law - How It Impacts Your Employment Practices - Part II
Since September 11, 2001, the issue of undocumented aliens has become a national hot button. In the past year, the concern has escalated significantly.
Benjamin I. Fink
12/1/2006
Immigration Law - How It Impacts Your Employment Practices - Part I
Since September 11, 2001, the issue of undocumented aliens has become a national hot button. In the past year, the concern has escalated significantly.
Benjamin I. Fink
11/27/2006
Restrictive Covenants in Georgia: Avoiding the Choice of Law Trap.
Restrictive covenants in employment agreements are an important tool in protecting the customers, clients, business and competitive information of a company from being taken by an employee who leaves.
Benjamin I. Fink
11/1/2006
Race Discrimination Remains Challenging Issue For Hospitality Industry
There have been several developments in the area of employment law in 2006 that will have a significant impact on the hospitality industry. Despite these developments, race discrimination remains a challenging issue for the hospitality industry.
Kenneth N. Winkler
9/12/2006
EEO-1 REPORT FOR 2006 DUE FROM EMPLOYERS SEPT. 30
The U.S. Equal Employment Opportunity Commission (EEOC) today urged the employer community to send in the annual EEO-1 Report to meet the fast approaching Sept. 30 deadline, as required by federal law.
8/30/2006
Fulton County Daily Report
Front page article in the Daily Report announces the new BFV principals and associates.
William J. Piercy
8/11/2006
Safe Harbor Procedures
Comment letter from American Immigration Lawyers Association to U.S. Citizenship and Immigration Services on Safe Harbor Procedures for Employers Who Receive a No-Match Letter
Kenneth N. Winkler
8/10/2006
Immigration Reform Seminar
The Firm held an informative and well attended seminar on immigration reform. The attached document is a summary of the seminar.
Kenneth N. Winkler
11/30/2005
Identity Theft Concerns
In 2004, there were 246,570 complaints of identity theft, of which 32,954 or 13% stemmed from the workplace. Employment-related identity theft has more than doubled since 2002.
Kenneth N. Winkler
12/1/2004
Non-Discrimination 12/04
City of Atlanta Non-Discrimination in Public Accomodations Ordinance and Fair Private Employment Ordinance.
12/1/2004
Atlanta Employment Law
City of Atlanta Non-Discrimination in Public Accomodations Ordinance and Fair Private Employment Ordinance.
Benjamin I. Fink
11/1/2004
Dram Shop Law
Legal Trouble on Tap as State Supreme Court Considers Broader Interpretation of Dram Shop Law.
10/1/2004
Internet Jurisdiction Update
As set forth in a prior article appearing in the April issue of the Internet Law & Strategy
newsletter, despite some suggestions to the contrary, the rise of the Internet as a business tool
does not portend the end of limits on personal jurisdiction.
Benjamin I. Fink
10/1/2004
Internet Jurisdiction Update
As set forth in a prior article appearing in the April issue of the Internet Law & Strategy
newsletter, despite some suggestions to the contrary, the rise of the Internet as a business tool
does not portend the end of limits on personal jurisdiction.
Steven A. Wagner
8/23/2004
New Overtime Rules
The U.S. Department of Labor’s FairPay Overtime Initiative is Set to Significantly Change Overtime Pay Practices. The New Rules Take Effect on August 23, 2004
Benjamin I. Fink
5/1/2004
Privileges
Preserving Candor: The Hidden Danger from "Exceptions" to the Attorney-Client Privilege.
Steven A. Wagner
4/19/2004
Can Your Web Site Cause Your Company to be Sued?
Can Your Web Site Cause Your Company to be Sued in States Other than the State in Which Your Business is Located?
Benjamin I. Fink
11/1/2003
Internet Jurisdiction
Personal Jurisdiction and the Internet: Changing the Rules or Not? Technology Law Section Newsletter, State Bar of Georgia.
Benjamin I. Fink
4/1/2003
Restrictive Covenants
Protecting Your Business from Start to Finish: Identifying Your Objectives When Using Restrictive Covenants in Employment Agreements.
Benjamin I. Fink and Aaron B. Chausmer
10/1/2002
Protecting Your Business
Employment Agreements - Leaving Employees Can Sometimes Be Thieving Employees.
Benjamin I. Fink
7/1/2002
Internet Jurisdiction
F&B Wins Seminal Decision on Personal Jurisdiction and the Internet.
Benjamin I. Fink
9/5/2001
New Estate Tax Rules
Economic Growth and Tax Relief Reconciliation Act of 2001.
Jeffrey N. Berman