By Cody W. Lyons

​Zoning is a vast and complex arena of law which can be discussed at length; this article merely highlights the rights of property owners and the procedures to follow when a property owner has been victimized by an unfavorable re-zoning decision. Generally, zoning commissions are bound by a comprehensive plan, which is designed to operate as a guidebook for future uses of land based on present and foreseeable needs of the community. However, local zoning boards are given a large amount of discretion and too often stray away from the comprehensive plan when doing so suits their personal interests or preferences.

By David L. Walker, Jr.

​My colleagues and I have written in the past about the doctrine of caveat emptor, which is commonly understood to mean "buyer beware." The term references the legal premise that a buyer of real estate is responsible for inspecting the property and structures that are on it to determine whether there are any defects or other conditions on the property that would interfere with its suitability for the use and needs contemplated by a buyer. Absent some form of fraudulent concealment or active misconduct by a seller, a buyer takes the property "as is" with no remedy for defects in the property.

 By John A. Meier, II

​With Halloween being near, these are some legal Myths that may be of interest:

By Lindsey C. Franklin 

​Remarriage after divorce creates uniquely blended family units that often involve navigating relationships with stepparents and children from previous marriage(s). Having complex family relationships, however, does not mean that your estate planning cannot be crafted to meet the needs of your blended family upon your death. These key estate planning tips are some of the many strategies that can help you avoid legal and financial headaches in the future:

 By Michael P. Bain

​If the government wants your property for a road or some other public project, you will usually be approached first by a negotiator. If you are unable to get the price you want from a negotiator, your next step, in many instances, is an administrative review. This "review" procedure is offered by the Georgia Department of Transportation, as well as many counties and municipalities, who view it as a last chance to reach an agreement before filing a lawsuit. The person whose property is sought by the government will usually receive a letter advising that you have ten days to ask for a review. The letter will request that the recipient provide the condemning authority with the lowest amount you are willing to accept to sell your property or rights, and will ask for support of these contentions. Once a timely response is sent, follow-up communication from an administrative review officer is usually sent to set up a time to discuss the property.

By John F. Connolly 

​So, you have the misfortune to be in a motor vehicle accident. Maybe a distracted driver turned left in front of you, or someone on a cell phone ran into your bumper from behind, or, worse, a drunk driver hit you on the interstate. Whatever the circumstances, you now face medical bills, missed time from work, and the pain and suffering that comes with a back injury, broken arm, muscle spasms, sore ribs, or whatever other injury you may have suffered in the accident.

As you face these issues, you may find yourself with many questions: Who pays for my medical bills? How do I get my car fixed? When can I get back to work? Do I really have to deal with that insurance adjuster? Should I get a lawyer?

​By Logan C. Stone

​The Department of Justice instituted prosecution of federal hate crimes with the enactment of the Civil Rights Act of 1968. Although crime laws vary across jurisdictions, most states have passed crime statutes allowing for enhanced penalties for crimes motivated by bias or prejudice.

By Anthony Cammarata Jr. 

​While it may feel as if we have been dealing with the novel coronavirus pandemic for a long time now, developments in COVID-19 guidance and regulations pertaining to employers are still relatively new and unclear. There have been times during this pandemic where I have had to reluctantly provide my corporate clients with the typical lawyer answer: "It depends." Unfortunately the laws regarding COVID-19 and how they will be interpreted and applied are still relatively unsettled and continually evolving, and it will take some time before enough cases have worked their way through the system to give us a clearer picture of the landscape.

By Nicholas P. Flint

​This article was published in the Cherokee Tribune & Ledger News on September 6, 2020: Tribune Ledger News - FROM THE BENCH & BAR.

​You have owned and operated a successful business for years. A potential buyer has just put a 60-page purchase agreement in front of you. The price is right and everything looks great to you, but what about all that "fine print" in the back?

Everyone knows the adage "buyer beware". However, in a business sale, it is often the sellers who find themselves facing more liability after closing than they expected or negotiated for, who should beware.

By Andrew T. Smith 

​Through the 2017 Tax Cuts and Jobs Act ("TCJA"), the federal government incentivized the development of economically distressed areas by offering substantial tax breaks, including the indefinite deferral of capital gain taxes, to individuals investing in real estate located in these communities. Accordingly, Qualified Opportunity Zones ("QOZ") were created, being defined by the Internal Revenue Service ("IRS") as "economically-distressed communities where new investments, under certain conditions, may be eligible for preferential tax treatment." The IRS has designated more than 8,700 Federal Opportunity Zones in fifty (50) States, the District of Columbia, and five (5) U.S. territories, including 260 census tracts in the State of Georgia.

By Cody W. Lyons 

​Over the last several months, our nation has experienced one of the largest economic shocks in history, with small businesses being hit the hardest. After months of steeply declining revenues due to mandatory closures and public fear, countless small businesses have had to shut their doors permanently. For the fortunate businesses that have been able to survive thus far, however, countless threats remain. A study recently published by the Proceedings of the National Academy of Sciences of the USA found that approximately 75% of the small businesses studied only had enough cash on hand to last for two months or less  (https://www.pnas.org/content/117/30/17656). With the extreme uncertainty businesses are facing today, it is now more important than ever to protect yourself and your business from liability.

 By John A. Meier, II

Since the emergence of COVID-19, our lives have changed in ways that were almost impossible to imagine outside of science-fiction novels and movies. Rather than discuss the legal aspects of the virus and actions taken by local, state, and federal governments and agencies, I want to share some examples of how effective planning can help individuals and families when unexpected events occur.

By Lindsey C. Franklin

​The Georgia legislature recently unanimously approved and passed Senate Bill (SB) 315 to clarify and limit the scope of statutory interim and final lien waivers pursuant to O.C.G.A. § 44-14-366. This action was taken in light of the recent Georgia Court of Appeals decision ALA Constr. Servs., LLC v. Controlled Access, Inc., 351 Ga. App. 841, 833 S.E.2d 570 (2019). The Court's opinion in that case caused ripples of confusion in construction lien law by holding that Georgia's statutory lien waiver operated to waive all rights a contractor has to payment, including breach of contract claims. This decision uprooted the longstanding belief within the construction industry that lien waivers only applied to lien and bond rights and did not encumber a contractor's other rights to payment. In response to the ALA Constr. Servs. ruling, the 2020 Lien Law Revisions Drafting Committee authored the following changes to O.C.G.A. § 44-14-366 to clarify the language of the statute:

While no one can argue that Republicans and Democrats are entrenched on the opposite side of seemingly every issue of our day, at this week's House Judiciary Committee hearing representatives from both parties had critical – and at times scathing – remarks for the CEOs of Apple, Google, Amazon, and Facebook.

By Anthony Cammarata Jr.

​The Wall Street Journal published an article yesterday after interviewing more than two dozen entrepreneurs, investors, and deal advisers who all claim that Amazon.com Inc., appeared to use the investment and deal-making process to help develop competing products. In some cases, the interviewees alleged that the tech giant met with startups about potential takeovers, sought to understand how their technology works, then declined to invest, and later introduced similar Amazon-branded products. A link to the article can be found below.

The startups who claim to have been taken advantage of by Amazon learned a lesson that we often emphasize to our business clients to avoid similar situations. In preparing for a meeting to discuss a potential transaction (whether it be for an acquisition, future partnership, joint venture, franchise arrangement, or even distributorship) it is imperative that business owners first consult with experienced corporate attorneys to ensure that they utilize adequate means to protect their confidential and proprietary information.

By Michael P. Bain 

​You are probably aware that, whether you want to sell or not, the government or a public utility can take your property for a public use in Georgia. Sometimes, a condemning authority seeks large tracts of land to build parks, schools, highways, or public buildings. When your property is taken for a road project, however, the County, City, or State DOT often does not seize all of your property, but only some of it. Usually, the condemning authority seeks only a strip of your property along a road for its project. Partial acquisitions are often the source of tremendous heartache and headache for the landowner who is approached by a negotiator for a government that is looking to build a road over his or her property. While you may know how much your house or building is worth as a whole, you are less likely to know the value of a small piece of your land, or more importantly, the damages that the rest of your property will sustain when only a portion of your property is taken for a public project.

By David L. Walker, Jr. 

​This article was published in the Cherokee Tribune & Ledger News on July 4, 2020: https://www.tribuneledgernews.com/opinion/from-the-bench-bar-the-rule-of-law-a-cornerstone-of-our-nation-worth-preserving/article_ad85f5ce-bbe2-11ea-b3d0-df3cd7aff553.html

As the U.S. celebrates 244 years of existence, it is prudent to reflect upon some of its founding principles. The Founding Fathers understood the unique weight of their monumental endeavor, and on that topic, Thomas Jefferson once wrote, "no experiment can be more interesting than that we are now trying, and which we trust will end in establishing the fact, that man may be governed by reason and truth."

 By Logan C. Stone

Amid the Coronavirus pandemic, social unrest, and the country's reopening, on June 15, 2020, the Supreme Court of the United States handed down a historic decision. 

By Nicholas P. Flint 

Pursuant to a little-known requirement established by the U.S. Department of Commerce's Bureau of Economic Analysis (BEA), foreign investors in certain U.S. businesses must now report their investments by filing a Form BE-13 within 45 days after the investment. The BEA uses such BE-13 filings to collect information on the acquisition or establishment of U.S. business enterprises by foreign investors. Given that there are potential civil and criminal penalties for failing to file BE-13 forms, it is important to know when and what forms must be filed.

By Andrew T. Smith 

​On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") into law. The SBA Paycheck Protection Program ("PPP"), which was created by the CARES Act, has provided short-term funding to over 4 million businesses to assist in sustaining their operations and avoiding employee layoffs during the government mandated shelter-in-place orders that swept across the nation. Within twelve days, $350 billion in CARES Act funding through the PPP was exhausted. On April 27, 2020, Congress allocated an additional $320 billion towards the PPP. Despite these available funds, small business recovery remains severely adversely affected by the shutdowns.

On June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 ("PPPFA") into law – implementing new rules for the forgiveness of loans through the PPP. Notably, the PPPFA will provide small business borrowers additional time to qualify for loan forgiveness, and it eases the restrictions on how much of the forgivable portion of the loan proceeds must be used for payroll costs.