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Title VII Protections Extended – SCOTUS Grants L.G.B.T.Q. Community Historic Victory

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 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. 

The Court's decision in Bostock v. Clayton County, Georgia concerned Title VII of the Civil Rights Act of 1964 (the "Act"). The Act is a landmark civil rights and labor law codified in Title 42, Chapter 21 of the United States Code that prohibits discrimination in the workplace on the basis of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e–2(a)(1).
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83 Hits

BE-13 Filings for Foreign Investments in U.S. Companies: When Do They Apply and Who Must File?

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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.

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105 Hits

SBA Loans in the Wake of COVID-19 Part II: The Paycheck Protection Flexibility Act

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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.

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157 Hits

Georgia’s Equitable Caregiver Act: Establishing Parental Rights of Non-Biological Caregivers

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By Lindsey C. Franklin

Stepparents are often responsible for caring for and financially supporting minor children. Under O.C.G.A. § 19-7-3.1, Georgia's new Equitable Caregiver Act legally recognizes stepparents as caregivers and the care they provide to minor children.

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248 Hits

A Call To Action: FCW Calls on Legislators to Fix the Law

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By  Douglas H. Flint, Grayson Davis, and Cullen Threlkeld

Conflict between the Georgia Constitution and Georgia Law fails to protect property owners' rights in obtaining attorneys fees and expenses in condemnation cases

It happens often: The government wants to seize your private property for a public project and claims to have appraised the property and offered a fair price. However, you know your land is worth significantly more than the government's appraisal. The land where they propose to build a highway has been owned by you and generations of your family for decades. Or it may have been a business you poured all your hard-earned resources into. How can you guarantee your constitutional interest of receiving a fair price is protected? 

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201 Hits

Contractors Beware: You Have 90 Days To File a Lien – Until You Don't!

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By David L. Walker, Jr.

Most contractors understand that Georgia law allows them to file a Materialmen's Lien to secure their right to payment when they have provided materials or labor to improve real property, whether it be in the form of site development, building construction, engineering and architecture, or some other form of land-improving activity. Similarly, most contractors are aware that Georgia law provides them a period of ninety (90) days from the date they "completed the work" to file a lien to secure their position. However, I have observed that many contractors are not aware that the ninety (90) day period to file a lien is irreversibly reduced – often with draconian consequences – when they execute an "Interim Lien Waiver" during the course of their work.

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150 Hits

Know Your Rights When Faced With Eminent Domain

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By Michael P. Bain

You receive a letter from the government, whether it be from the Department of Transportation, the County, a City, or sometimes even a utility. Perhaps you also receive a telephone call or even a knock at the door. The news being delivered may leave you anxious, uncertain, or devastated-- the government needs your land for a construction project. Usually, the first point of contact you have is with a negotiator, someone employed or hired by the government to try and get a good deal on the purchase of your property. Often the negotiator will put pressure on you to give the government a good deal for your property, and sometimes on the spot. The negotiator may threaten a lawsuit or the exercise of eminent domain if you do not agree to sell right away. How can you be sure the price is right and that your interests are protected? Before you sign on the dotted line, you should know your rights and a little about the process.

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173 Hits

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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211 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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  159 Hits
159 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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275 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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225 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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329 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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  261 Hits
261 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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283 Hits

FCW Statement on COVID-19

Our office is open and maintaining normal operations to ensure you that we are here to provide support, guidance, and assistance should you need it during this unprecedented crisis. We are closely monitoring the situation and are fully committed to supporting you in the coming days and weeks. Please review the statement below and feel free to contact us if you have any questions or need additional information. Thank you again for placing your trust in Flint, Connolly & Walker for your legal needs.

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489 Hits

Small Business Owners Need Cybersecurity Protections

DATA AND CYBERSECURITY FOR SMALL BUSINESS OWNERS

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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295 Hits

Doug Flint Named to Super Lawyers List

 Flint, Connolly & Walker is pleased to announce that its senior partner, Doug Flint, has been selected to the 2018 Super Lawyers list.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information, visit www.superlawyers.com.

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283 Hits

David Walker on property tax assessments and potential savings

Printed in Cherokee Tribune on December 3, 2017

Knowing Your Rights About Property Tax Assessments Could Save You Money

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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385 Hits

Welcome, Anthony Cammarata, Jr.

 We are excited to welcome our newest associate attorney, Anthony Cammarata, Jr. to Flint, Connolly and Walker. Anthony is pictured (second from left, front row) at the swearing-in ceremony on November 6 with Chief Superior Court Judge Jackson Harris at the Cherokee County Justice Center.

Anthony graduated from the University of Georgia School of Law. He is proud to call Cherokee County home. Anthony grew up with his parents and two younger sisters in Canton, Georgia and graduated from Cherokee High School. Anthony is licensed to practice law in all Georgia State Courts.

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369 Hits

Michael Bain advises insurance reassessment

Printed in Cherokee Tribune September 2, 2017

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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  348 Hits
348 Hits