Businesses Allowed to Answer Garnishments Without Attorneys
February 7, 2012 Governor Deal signed a law today in response to last year’s outcry from the business community when the Georgia Supreme Court stated that it is the unauthorized practice of law for any non-lawyer to answer a garnishment for a business entity in a Georgia court of record. The new law (effective immediately) frees businesses from that requirement and expense. But there are two provisos that businesses should be mindful of. First, it only covers the answer, so an attorney is still required if a traverse or claim is filed. Second, this new law risks being struck down. Questions have been raised about whether it infringes on the Supreme Court’s responsibility for regulating the practice of law. If you have any doubts or questions about a garnishment that your business has received, our experienced attorneys are available to help.
GA Businesses Prepare for Federal "e-Verify" Compliance
June 30, 2011 Earlier this year and with an enormous amount of press reporting, the Georgia legislature passed (and Governor Deal signed) the Illegal Immigration Reform and Enforcement Act -- wide-ranging legislation designed to deal at a local level with the presence of undocumented and illegal aliens in Georgia. Although a federal court earlier this week put a temporary hold on two parts of the new legislation (both addressing criminal statutes and law enforcement activity), the other 21 parts will go into effect on July 1, 2011 – most notably, the so-called “e-Verify” requirements, which affect private business hiring practices. Read More...
Certificates of Insurance No Longer Adequate
May 25, 2011 Georgia is the latest state to adopt new laws reinforcing that parties should not verify insurance coverage by relying on a Certificate of Insurance (“COI”) issued by an insurance broker. The new law provides that a COI may not modify, amend, or change any of the provisions in the policy. If there is a difference between what is stated in the COI and what is in the policy, the certificate holder is “out of luck.” The result is certificate holders (such as lenders, landlord, and developers) need to change how they verify insurance coverages. Read More...
The “NEWEST” Georgia Restrictive Covenant Law
May 11, 2011 This past Election Day, voters approved a referendum that made restrictive covenants (such as agreements not to compete, solicit another's customers, or divulge their confidential information) more enforceable in Georgia. Subsequently discovered errors, however, cast doubt on the constitutionality of the new law. Therefore our state legislature passed the same statute (with a few changes), and on May 11, 2011, Governor Deal signed into law the “newest” set of restrictive covenant statutes. Read More...
The Latest Estate Tax Regime
March 1, 2011 The unsettled world of gift, estate and generation skipping transfer taxes was only partially settled when the President and Congress passed a new law in December 2010. The legislation presents confusing rules, many with differing effective dates, and most of which are likely to change again in less than two years. Although the fine points of the law are widely available on the internet, the good news is that you don’t need to know all the details (that's our job). But you do need to be aware of how the new law impacts you, if at all. Read More...