Looking Forward
As summer comes to an end and we find ourselves in the midst of the back-to-school frenzy, it is difficult for all of us not to to feel invigorated by the same sense of renewal experienced in our schools. In the Southeast, there is certainly excitement for the new football season as fans dust off their team flags and proudly display them on their car windows or the walls of their offices. Like the students and teachers who have gone back to school, and the teams anxiously waiting to take the field, this is a great time of year for all of us to re-evaluate our goals and adjust our game plans with an eye toward the future. Jeff Berman provides some guidance on how business owners can do this through strategic planning.
Perhaps you have a vision for your business that may involve a relationship with a not-for-profit venture or you have a desire to support more socially concious initiatives. Anne Andrews discusses this newly-developing marriage between for-profit and not-for-profit in her article on social enterprise. As she shows, businesses with a social mission are becoming a competitive force in the marketplace.
Also, in this era of online social media, Ken Winkler and Neal Weinrich highlight issues to consider with respect to restrictive covenants and the use of social media, such as LinkedIn. Social media is certainly not just for socializing in 2010.
We hope our newsletter provides you with some valuable information. Thank you again for reading.

Strategic Planning - Why Now?
The end of our current office lease is rapidly approaching. As a result, we have started the process of deciding do we stay in our current office, do we move to a new office, and what our next office will look like. For us, like many businesses, a new major undertaking like signing a new long-term lease requires that we determine our goals and needs for the next five-plus years and identify the best approach to achieve our goals and meet our needs. Is this a good time for strategic planning?


LinkedIn and Restrictive Covenants: Issues and Potential Pitfalls to Consider in the Age of Social Media
Albert Einstein once stated, "Technological progress is like an axe in the hands of a pathological criminal." Given the chance, Einstein may have enjoyed the opportunity to post a blog on relativity or to befriend Sigmund Freud on Facebook. But as stories of suicidal "cyber-bullying" and Tiger Woods' "sexting" headline daily tabloids, it appears that Einstein's cautionary observation is as applicable today as ever. Indeed, a recently filed lawsuit alleging unlawful solicitation through the use of social media highlights the dangers both employees and employers face through the use of social media in the workplace.

Georgia's New Non-Compete Statute: Is This Legislation Good for Business in Georgia?
As we reported in our Fall 2009 edition of this newsletter, significant changes may be coming to the law concerning non-competes and other restrictive covenants in the employment context in Georgia. The Restrictive Covenants Act (the "Act") was passed by the Georgia General Assembly during the 2009 legislative session. However, before the new legislation becomes effective, an amendment to the Georgia Constitution must be approved in a state wide referendum in the upcoming general election. With the referendum approaching, we think it is important to explore whether this legislation is good for business in Georgia, and whether its stated goals can be accomplished.

Social Enterprise is Changing the Face of Business: Are You Ready?
In recent years, social entrepreneurs have splashed the pages of The New York Times, Fast Company, and The Harvard Business Review in articles pronouncing the possibilities for this new field. As a business owner, even if you are not familiar with the concept of social enterprise, you are probably feeling its effects. Part One of this article traces the development of social enterprise from its philanthropic predecessors and explains how it is changing the landscape for businesses everywhere. Part Two, which will appear in the next issue of Business Law Perspectives, will discuss how some businesses are adopting aspects of social enterprise and explain some of the legal issues business owners need to consider in connection with such strategies.

Benjamin Fink Panel Member at Annual Business Law Institute Seminar
Benjamin Fink will be serving on a panel discussing Georgia's new restrictive covenant legislation and proposed Constitutional amendment at the 29th Annual Business Law Institute, a series of seminars hosted by the Institute of Continuing Legal Education (ICLE) in Georgia at Calloway Gardens on October 22-23, 2010.
Steven Wagner's Continuing Legal Education Presentation
Steven Wagner was one of eight presenters at a seminar on contract litigation that was sponsored by the Institute of Continuing Legal Education at the State Bar of Georgia on August 26, 2010. The topic of Steven's presentation was "Real Estate Contracts: Buyer-Seller Disputes and Their Remedies".
BFV Enters The Blogosphere
Berman Fink Van Horn P.C. is pleased to announce the launch of www.GeorgiaBusinessDisputes.com, a blog intended to provide insights into the legal and practical considerations associated with the resolution of business disputes and the termination of unproductive business relationships for Georgia business entities and entrepreneurs.


