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Legal Issues for the Vanguard: Business Reopening after the Lockdown

By John F. Connolly

With Governor Kemp's April 23, 2020 Executive Order, Georgia enters the first phase of its business reopening following the COVID-19 Shelter-in-Place Orders. As they consider the steps for reopening, businesses need to consider the various health and safety guidelines from the White House, CDC, OSHA, and state and local governments. With proper planning, care and enforcement, a business can reopen with confidence and look forward to being in the vanguard of getting Georgia back to work.

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1022 Hits

Foreclosing the Right of Redemption – Protecting Your Tax Sale Purchase

By Logan C. Stone

After leaving a non-judicial tax sale with a tax sale deed in hand, you might think you own the recently-purchased property outright. However, the law regarding tax sales is not that simple. Even after a tax sale, the defaulting owner still has the right to redeem the property from you. This article explains the necessary steps you need to take to protect your interest and ultimately bar the right of redemption.

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  2461 Hits
2461 Hits

Georgia Legislature Considering Bill to Allow Benefit Corporations

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By Anthony Cammarata Jr. 

If enacted, a bill drafted by the State Bar of Georgia's Corporate Section and introduced by Representative Scott Holcomb (D-81st District) during the 2019 session of the Georgia General Assembly would create a new corporate structure in the state. House Bill 230 is a proposal to amend the Georgia Business Corporation Code to authorize a type of corporation called a "Benefit Corporation" or a "B Corporation." 

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  1930 Hits
1930 Hits

The Invest Georgia Exemption: How Intrastate Offerings or "Crowdfunding" Can Help Start and Grow Georgia's Businesses

​By Nicholas P. Flint

Who would have thought that Georgia would be a pioneer of the crowdfunding movement? Georgia was just the second state to enact a regulatory framework to allow crowdfunding under the new federal exemptions from security registration for intrastate offerings. Through this legislation, Georgia has provided a valuable tool to its businesses to raise capital from in-state investors.

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  1303 Hits
1303 Hits

SBA Loans in Wake of COVID-19: What Your Business Needs to Know

By Andrew T. Smith

As a consequence of the COVID-19 pandemic, on March 18, 2020, Gov. Kemp announced that Georgia has received an official statewide disaster declaration from the U.S. Small Business Administration (SBA).
This declaration will provide assistance in the form of SBA Economic Injury Disaster Loans (EIDL) to impacted small businesses throughout Georgia. 
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  1018 Hits
1018 Hits

The Families First Coronavirus Response Act and the Impact It Will Have on Your Business

By Anthony Cammarata Jr.

This article was published in the Cherokee Tribune & Ledger News on March 20, 2020: Tribune Ledger News - FROM THE BENCH & BAR.

As our nation faces the implications of the unprecedented crisis caused by the spread of COVID-19 across the globe, the federal government has now enacted legislation that could greatly affect your business. President Donald Trump signed the Families First Coronavirus Act into law late Wednesday evening It is the second bill passed this month designed to blunt the pandemic's impact. In addition to expanding unemployment insurance benefits, increasing Medicaid funding, providing free coronavirus testing, and delivering additional nutritional assistance for a variety of low-income assistance programs, the Families First Coronavirus Act also includes two emergency paid sick leave and childcare leave programs.

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  833 Hits
833 Hits

New Emergency Rule Regarding Mandatory Filing for Partial Unemployment Claims

By Anthony Cammarata Jr.

In light of the economic effects the COVID-19 pandemic is having on businesses statewide, the Georgia Department of Labor (GDOL) has adopted an emergency Rule 300-2-4-0.5, effective March 16, 2020.

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  888 Hits
888 Hits

Small Business Owners Need Cybersecurity Protections

By Anthony Cammarata Jr.

It is rare today to read the daily news without seeing yet another instance of a large company experiencing a major data breach or hacking and consequently facing the threat of high-cost litigation. What many overlook, however, is that small businesses are just as susceptible, if not more, to the risks of cyberattacks. A recent study conducted by the National Cyber Security Alliance found that almost 50% of small businesses have been victims of a cyberattack, and that more than 70% of all attacks target small businesses. Even more concerning, the study found that approximately 60% of those small and mid-sized businesses that suffer a cyberattack go out of business after just six months.

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  900 Hits
900 Hits

Knowing Your Rights About Property Tax Assessments Could Save You Money

​By David L. Walker, Jr.

Published in the December 3, 2017 issue of the Cherokee Tribune

In most Georgia counties, the deadline for paying real property ad valorem taxes occurs in December of each year; however, many Georgia property owners are not aware of certain opportunities, which occur much earlier in the year, that they can use to potentially reduce their property tax burden.

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  1159 Hits
1159 Hits

Insurance Reassessments: Making Sure You're in Good Hands

By Michael P. Bain

Published in the September 2, 2017 issue of the Cherokee Tribune

My mother recently mentioned that her homeowner's insurance premium had gone up. She has lived in the same house for thirty years, and although housing values in her neighborhood have recovered since the economic downturn, values have not appreciated much since she and my father bought their house as a new construction in the 1980s. My mother's comment piqued my curiosity, prompting additional questions about the details in her insurance coverage. Her insurance company valued her house for coverage purposes at more than $20,000 over that which any house in the neighborhood has ever sold, and over $100,000 more than the estimated value of her house. Additionally, the wooden shed in my mother's back yard that could be purchased from a home improvement store today for $1,500, was valued by her insurance company at $30,000. While her insurance company had reasons to justify the rise in coverage on her house, the reality of the situation is that my mother would likely never rebuild her home in the event of a catastrophe, and the extent of insurance coverage was unnecessary. In short, my mother had too much insurance coverage for her needs. The gradual increases in insurance coverage over time led to an increase in premiums, and for years she never gave her insurance coverage a second look.

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  1133 Hits
1133 Hits

When the DOT Comes Knocking, Know Your Rights

By Douglas H. Flint

Published in the June 11, 2017 issue of the Cherokee Tribune

When the State selects property for a highway project – whether it is a widening project, a new roadway, or a change to an existing roadway – the owner of the property affected by these plans has some very important concerns. What can be done to stop this process? Does a property owner have to accept what the government offers for the property? The project that is being planned will seriously affect private property owners – what can be done about this?

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  2801 Hits
2801 Hits

The Importance of Succession Planning in Small Businesses

By Douglas H. Flint

Published in the January, 2017 issue of the Cherokee Tribune

The backbone of the American economy is small business. Most small businesses in the U.S. are family- owned and many have been in existence for decades. One of the most challenging tasks I have faced in my career as a business lawyer has been developing strategies to help families arrange for the transfer of their business to others — be it a child, another family member, or another party, to ensure the survival and continuity of the business. This short article will touch on some of the main issues that a lawyer and his/her client should consider.

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  912 Hits
912 Hits

Changes to Federal Overtime Rules Will Affect Millions

By David L. Walker, Jr.

Published in the August, 2016 issue of the Cherokee Tribune

On May 18, 2016, the U.S. Department of Labor ("DOL"), under the direction of the Obama Administration, announced dramatic changes to its regulation of the employer and employee relationship. Regardless of one's ideological opinion of these new mandates, the newly introduced government intervention will necessarily pose real and present consequences for many employers and employees.

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  861 Hits
861 Hits

Buying a House Soon Could Mean Changes

By Andrew T. Smith

Published in the December 6, 2015 edition of the Cherokee Tribune.

Buyers in the market to purchase a home in the near future should know that the traditional real estate closing process has recently been revolutionized by the Consumer Financial Protection Bureau ("CFPB"). While these changes may not be apparent to first-time homebuyers, individuals who have purchased homes in the past should not expect to have similar experiences in the future. There is a myriad of new rules and regulations that will affect buyers, sellers, closing attorneys, agents, and lenders going forward, and the Flint, Connolly & Walker, LLP team thought it prudent to inform prospective buyers on what to expect as the closing day approaches.

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  1213 Hits
1213 Hits

CFPB “Know Before You Owe” Rules

By Andrew T. Smith

By now, most professionals in the real estate industry know that the Consumer Financial Protection Bureau ("CFPB") has implemented sweeping changes to the real estate industry. But for many realtors the question still remains, "How will it impact me?" With these changes upon us, the Flint, Connolly & Walker, LLP team wants to work with you to make sure everyone is aware of the changes.

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  848 Hits
848 Hits

Building Blocks for Starting a New Business

By David L. Walker, Jr.

The prospect of starting a new business can be viewed as both a daunting and exciting task. Any entrepreneur who decides to embark on such a journey must first make several decisions about what type of business is best for his or her particular situation and needs: whether to organize the business as a sole-proprietorship or one of the many types of corporate entities available under the law. It is a rare occasion when it is advisable to operate as a sole proprietorship, because such an election poses the greatest exposure for potential personal liability and offers the fewest opportunities for beneficial tax treatment of the business income and expenses. Many small businesses benefit by being organized as either a Subchapter-S corporation or Limited Liability Company, and determining which entity will best fit one's needs will be based largely upon individual circumstances and business pursuits.

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  1018 Hits
1018 Hits

What to Expect in a Civil Action

By Douglas H. Flint

The average person does not have direct experience with our nation's legal system—especially the processes and procedures by which civil cases are handled in our courts. Uncertainty and a lack of understanding can cause unnecessary stress and anxiety for people. It is for this reason that Flint, Connolly & Walker, LLP seeks to inform its clients who find themselves involved in a civil case in our courts.

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  1632 Hits
1632 Hits

A Dragon in the Mist: Ill-prepared Employers Could Be Crushed by the Coming Obamacare Mandates

By David L. Walker, Jr.

Unless it is repealed, The Affordable Care Act ("Obamacare") will be fully implemented by January 1, 2014. That date is coming very soon. Regardless of your political persuasion, for a host of reasons including those cited below, if you own a small business you cannot afford to simply wait and hope that the law will change. Casting one's faith in "Hope and Change" is not a business plan – and business owners must act now to protect themselves.

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  1783 Hits
1783 Hits

Your Loved One Has Passed Away – What Do You Do Now?

By David L. Walker, Jr.

As many of us know all too well, losing a close family member or friend is an absolutely gut-wrenching experience. The days that shortly follow a loved one's death often prove to be a whirlwind of confusion, despair, decision-making, and heartache; yet, as more days and weeks pass, survivors must confront the task of putting their lives back together and moving forward. When they are ready to take that step, one of the first processes they must become acquainted with is probate.

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  1024 Hits
1024 Hits

Conservatorship

By David L. Walker, Jr.

Previously, I wrote about the problems that can occur for children and spouses of parents who die without a valid Will. Another issue that parents must address to protect their families in the event of such a tragedy is proper planning for their children who may be beneficiaries of life insurance policies, IRAs, 401(k)s, Certificates of Deposit, and other similar financial accounts.

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  1112 Hits
1112 Hits