Welcome to Business Law Perspectives
We are excited to introduce the first edition of Berman Fink Van Horn's quarterly newsletter. We have created Business Law Perspectives to provide you with information regarding developments in the law that may impact you and your businesses. We hope you will find this to be a useful resource. We also hope that our BFV Spotlight will allow you to get to know the members of our firm a little better.
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Significant Changes to Georgia Law on Non-Competes Possibly on the Horizon
As many employers know, Georgia is one of the more difficult states in which to enforce non-compete provisions in employment agreements. Georgia courts have historically been extremely hostile to non-competes in the employment context. However, legislation passed in April by the Georgia legislature and signed by Governor Perdue may significantly change Georgia law on non-compete agreements. If the legislation goes into effect, Georgia will become considerably more pro-employer with respect to this issue.
Employee or Independent Contractor? Avoiding Misclassification Pitfalls
Given the current economic challenges, many companies have increased their use of independent contractors as a means to save money and be more competitive. There are, in fact, financial incentives for companies to classify workers as independent contractors. By classifying workers as independent contractors, companies are not required to withhold payroll taxes, pay other withholdings (i.e., FICA, Medicare), or make payments for state workers' compensation and unemployment insurance programs.
Going Paperless: Georgia Adopts The Uniform Electronic Transactions Act
Within the past 10 years, the Internet has rapidly removed geographic barriers and revolutionized the way the world communicates and transacts business. In response to this move towards a more paperless society, the Georgia Legislature recently passed the Uniform Electronic Transactions Act. Georgia is the 47th state to adopt the Act, which will go into effect on July 1, 2009.
The Business of Futbol
I thought long and hard on what word to use to refer to the world's most popular sport. I can't talk about it if I don't know what to call it. Thousands, if not millions, of lovers and haters of the game have ardently debated the naming issue for years.
Steven Wagner Co-Chairs Beer & CLE: Life of a Trial Series
Steven Wagner, through the Atlanta Council of Younger Lawyers, is co-chairing a Continuing Legal Education Seminar called "Beer & CLE: The Life of a Trial". The Seminar is a four-part series that has been broken into the following topics: Voir Dire, Opening Statements, Direct and Cross Examinations, and Closing Arguments. Both attorneys and judges speak at the seminars and share their insights about trial practice with younger lawyers. The first three seminars were held on August 26, September 30, and October 29 at Manuel's Tavern. The last seminar will be held on November 19, 2009 also at Manuel's Tavern.
Bill Piercy Accepts Board Appointment
Bill Piercy was recently appointed to the Board of Directors of the Solo Practitioner / Small Firm Section of the Atlanta Bar Association.
Charles Van Horn Top Male CEO in Kaiser Permanente Corporate Run/Walk
On September 7, 2009, BFV sent a team to Turner Field to participate in the annual Kaiser Permanente Corporate Run/Walk. The race is designed to promote health and fitness among Atlanta companies and their employees. The race benefits the Atlanta Braves Foundation and the Boys & Girls Clubs of Metro Atlanta and attracts approximately 15,000 participants of all levels of fitness from more than 400 Atlanta companies. BFV shareholder Charles Van Horn was the top Male CEO finisher among companies with less than thirty full-time employees, completing the race in a swift time of 19:39. Steve Wagner, Neal Weinrich, and Kristin Zielmanski also participated.
Kathy Nelson Participates in the Atlanta Two-Day
Kathy Nelson, Receptionist at Berman Fink Van Horn P.C., participated in the Two Day Breast Cancer Walk on October 3 and 4 in Atlanta. Kathy reported the following about her quest to "do the two":