Jeffrey N. Berman

Shareholder

P: (404) 261-1850

F: (404) 233-1943

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Jeffrey's Bio

Latest Post

GDPR – What are the Model Contract Clauses?

Enacted in May 2018, the European Union (EU) General Data Protection Regulations (GDPR) can also impact U.S. businesses. For example, I was recently asked to review “Model Contract Clauses” that my local client received from a company in the EU. The client found this request odd given that he already...

Latest Publications

“Asset Protection with Foreign Trusts,” Berman Fink Van Horn E-News, Winter 2015/2016

“Business Operations: One Important Decision that can Impact Well-Being of Employees,” Berman Fink Van Horn E-News, December 2014

“How Corporate Lawyers Provide Value During a Divorce,” Attorney at Law Magazine (Atlanta Edition), 2014

“Seek Corporate Counsel During Divorce,” Berman Fink Van Horn E-News, April 2013

“Ease into Succession Planning,” Berman Fink Van Horn E-News, October 2012

“Finding Clarity in the Cloud: Investigating Cloud Computing,” Berman Fink Van Horn Business Law Perspectives, Spring 2011

“The Estate Tax Quagmire,” Berman Fink Van Horn Business Law Perspectives, Winter 2010

“Strategic Planning – Why Now?,” Berman Fink Van Horn Business Law Perspectives, Summer 2010

Jeffrey's Biography

I have practiced law in Atlanta for more than 30 years and I genuinely enjoy being a lawyer. I am privileged to work with clients who are creating and growing innovative companies. Throughout my legal career, I have had the opportunity to work with exceptionally successful business owners on the wide range of legal and business issues that directly effect the business owner and his or her business.

I am the head of Berman Fink Van Horn’s corporate and business practice. In addition to day-to-day business matters, my practice includes mergers and acquisitions for middle market companies, employment agreements, succession and estate planning for business owners, commercial real estate and contracts and agreements of all kinds. I partner with clients to make their businesses run smoothly, make processes easier, avoid surprises and, ultimately, help them and their business grow and succeed. I believe that if your business moves fast and runs lean, you need an advisor who can do the same and be an integral part of your business.

I have been a shareholder at Berman Fink Van Horn since January 1997 and managing partner since 2004. I was admitted to the Georgia Bar in 1982. I am a member of the State Bar of Georgia, the American Bar Association, the Lawyers Club of Atlanta, the Corporate Lawyer Network and the Business Law Section of the State Bar of Georgia.

I am proud and honored to be a member of the executive committee of Jewish Home Life Communities and serve as its Vice President of Quality and Risk Management for the William Breman Jewish Home.

I am a Georgia native, having grown up in Augusta. After graduating from the University of North Carolina at Chapel Hill in 1979, I moved to Atlanta to attend Emory University School of Law. I obtained my law degree from Emory in 1982. I am married to Kimberly Richardson Berman and we have two children. We are all enthusiastic international travelers, with France, Southeast Asia and Jamaica being among our favorite destinations. I am an avid reader and a collector of first editions of award-winning mystery and science fiction novels. I also enjoy biking, boating and scuba diving.

Jeffrey's Publications

“Asset Protection with Foreign Trusts,” Berman Fink Van Horn E-News, Winter 2015/2016

“Business Operations: One Important Decision that can Impact Well-Being of Employees,” Berman Fink Van Horn E-News, December 2014

“How Corporate Lawyers Provide Value During a Divorce,” Attorney at Law Magazine (Atlanta Edition), 2014

“Seek Corporate Counsel During Divorce,” Berman Fink Van Horn E-News, April 2013

“Ease into Succession Planning,” Berman Fink Van Horn E-News, October 2012

“Finding Clarity in the Cloud: Investigating Cloud Computing,” Berman Fink Van Horn Business Law Perspectives, Spring 2011

“The Estate Tax Quagmire,” Berman Fink Van Horn Business Law Perspectives, Winter 2010

“Strategic Planning – Why Now?,” Berman Fink Van Horn Business Law Perspectives, Summer 2010

Jeffrey's Posts

GDPR – What are the Model Contract Clauses?

What’s Covered by Your Cyber Insurance Policy?

Berman Fink Van Horn recently renewed its Cyber Insurance Policy. Every company, regardless of size or what you do, has cyber exposure. As you would expect, we spent a great deal of time investigating the newest types of cyber-attacks and the appropriate cyber insurance coverages to protect us. Below are...

Independent Contractor or Employee in 2018 – It’s Time to Reconsider

It could be time for workers and employers to investigate whether to recharacterize a worker’s job status due to the New GIG Act of 2017 and the Tax Cuts and Jobs Act of 2017. The New GIG Act of 2017 amends the Internal Revenue Code to establish a test for determining...

Be proactive: What to look for in Cyber Insurance

At Berman Fink Van Horn P.C. we just completed a full-scale review of our Cyber Insurance Policy.We have had Cyber Insurance for a few years but our recent full-scale review was in part based on a meeting I attended at which Suzanne E. Spaulding spoke about cyber security. Suzanne is...

New Power of Attorney Requirements in Georgia Take Effect July 1, 2017

On July 1, 2017, Georgia’s Uniform Power of Attorney Act (“UPOAA”) will become effective. Any power of attorney executed before July 1, 2017, will remain in effect and need not comply with the UPOAA.A power of attorney executed on or after July 1, 2017, must comply with all the requirements...

The Art and Science of Remembering Everything

Many of us give speeches to promote our business. Speech coaches recommend that we do not read or refer to notes while making a speech. This best practice helps us maintain contact with our audience. It helps if we have a method to remember what we want to say and...

IRS “Dirty Dozen” Tax Scams

For the third consecutive year, the IRS places abusive micro-captive insurance tax shelters on its list of “Dirty Dozen” tax scams. Tax law generally allows certain very small property and casualty companies to elect special tax treatment. These companies, captive insurance companies, are often formed only to insure the risks...

Asset Protection with Foreign Trusts

While Domestic Asset Protection Trusts (DAPT) can certainly provide asset protection, properly established and maintained Foreign Trust likely will provide a greater level of asset protection. For purposes of this article, the term “Foreign Trust” refers to a trust governed by the laws of a foreign jurisdiction. It is critical...

What is the cost of a data breach?

We have worked with clients who have suffered data breaches. If you have suffered a breach, you have already learned that unless there is a plan in place, the costs and disruption to a company can be substantial. If you want to know the cost a data breach could mean...

Have Employees Sign Confidentiality Agreements on Day 1

We just closed an M&A transaction in which we represented the selling shareholders. The company has substantial intellectual property but failed to have its employees sign confidentiality agreements. As expected, the buyer wanted each employee to sign such an agreement. To accomplish this, the selling shareholders had to pay employees...

Data Security Contract Clauses and Cyber Insurance

Any company that uses a service provider should strongly consider including data security protections in the service agreement if the service provider has access to the personal information about the company’s employees or customers, such as social security numbers, etc. A company’s failure to insist upon data security protections could...

One Important Decision that can Impact Well-Being of Employees

Similar to many of our business clients, we at Berman Fink Van Horn P.C. (BFV) are often faced with important decisions that can impact the well-being of our employees. For a change in pace, this article does not address legal matters. Rather, I hope that you will find my perspective...

Business Operations: One Important Decision that can Impact the Well-Being of BFV Employees

Overcoming Pitfalls of Contract Implementation

Even a well-drafted sales or services contract can wreak havoc on your business if your employees who use it don’t fully understand the key terms. Often, companies create master agreements that their sales staff can use to bring in new business. The goal is to have a form contract that...

How Corporate Lawyers Provide Value During a Divorce

Legal work does not have to be a solo sport. This is not a new lesson but one that needs to be underscored. As a corporate lawyer, I am often contacted to assist divorce lawyers who want to better understand the corporate issues involved with clients who own closely-held businesses....

Seek Corporate Counsel During Divorce

If you own a company and are going through a divorce, be sure to take precautions to ensure that your corporate interests and assets will not be compromised by your divorce. Of utmost importance is the Settlement Agreement. During emotionally and financially burdensome times, it is often beneficial to engage...

Update on Bush Era Tax Cuts (2012)

Now is the time to take action to protect your assets. (2012)

Ease into Succession Planning

Many business owners fail to start the succession planning process simply because they feel overwhelmed by the process. There is no need to feel overwhelmed. Simply begin the process by taking small steps.For starters, consider reviewing and, if necessary, updating your estate plan and buy-sell agreement. Your estate plan and...

Finding Clarity in the Cloud: Investigating Cloud Computing

At Berman Fink Van Horn, we recently investigated moving a substantial portion of our data to the "Cloud". Simply stated, cloud computing is an emerging, fast, and potentially simpler way to add computing power, storage, and services with minimal technology infrastructure, management effort, or service provider interaction. While many companies...

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...

The Estate Tax Quagmire

What a mess Congress has created! We are now in a year where there is no federal estate tax - but hold the cheers. Congress has substituted another method of taxation that will collect more taxes from many families than the estate tax. Additionally, as has been reported in the...

Jeffrey's Honors & Awards

I am an AV preeminent rated attorney according to Martindale-Hubbell which means that my peers rate me at the highest level of professional excellence.

I have been selected by my peers for inclusion in The Best Lawyers in America (Mergers and Acquisitions).

I was awarded The Chair’s Award by the William Breman Home in Atlanta in recognition of my leadership and contributions (2015).

Jeffrey's Success Stories

BFV facilitates internet service client’s $9 million asset sale

Berman Fink Van Horn attorneys Jeffrey N. Berman and Ruari J. O’Sullivan successfully represented a co-location hosting and IaaS provider in the sale of substantially all of its assets to a nationally-recognized industry player. The ultimate $9 million sales price represented a sizeable bump from earlier discussions, as Berman Fink Van...

$14 million asset sale of client’s medical lien receivables

Berman Fink Van Horn attorneys in the Mergers, Acquisitions and Corporate Finance Group successfully represented a national medical lien receivables business in the $14 million sale of its assets to a large liquidity solutions provider. Berman Fink Van Horn attorneys worked diligently on the complex transaction, which involved multiple simultaneous...

Jeffrey's Community Involvement

Board Member, Jewish Home Life Communities, 2015 – present
– Executive Committee Member, 2015 – present
– Vice President of Quality and Risk Management for the William Breman Jewish Home, present

Member, BENS (Business Executives for National Security), 2017 – present

Jeffrey's Presentations

On January 25, 2019, Jeff hosted and participated in “A Conversation with Business Advisers: Unlock your Business’s Potential in 2019.”

On December 5, 2017, Jeff co-presented “The Importance of Exit Strategies in Corporations & LLCs – Spotlight on Shareholder and Operating agreements” to clients of WHTCPA, a Georgia CPA firm.

On November 4, 2016, Jeff moderated a session at a State Bar of Georgia Institute of Continuing Legal Education seminar. Jeff spoke on the process of shutting down a law firm, including merging it with another law firm, in “The Changing Foreclosure Practice: Professionalism, Practical Concerns, Insurance, Regulatory and other Issues Related to Merging Practices, Consolidating Practices, Shutting Down Practices, Retirement or Practice Reorientation: A Panel Discussion.”

Jeffrey's Representative Matters

Bar Admissions

Georgia, 1982
– Supreme Court of Georgia
– Court of Appeals of Georgia

Federal
– United States District Court, Northern District of Georgia

Education

B.A., University of North Carolina – Chapel Hill, 1979
J.D., Emory University School of Law, 1982

Professional Memberships

State Bar of Georgia
– Intellectual Property Law Section
– Fiduciary Law Section
– Business Law Section

American Bar Association
Lawyers Club of Atlanta