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Coverage of Congressional Hearings With Tech CEOs

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.

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335 Hits

Lessons from the Recent Reports Regarding Amazon’s Alleged Use of the “Deal-Making Process” to Develop Competing Products

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.

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  417 Hits
417 Hits

Assessing Damages from a Road Project: What Documents Do You Need?

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.

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  338 Hits
338 Hits

The Rule of Law a Cornerstone of Our Nation Worth Preserving

By David L. Walker, Jr. 

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."

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  538 Hits
538 Hits

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

 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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527 Hits

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

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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  1059 Hits
1059 Hits

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

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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  583 Hits
583 Hits

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

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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2228 Hits

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

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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  519 Hits
519 Hits

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

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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490 Hits

Know Your Rights When Faced With Eminent Domain

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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  565 Hits
565 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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  649 Hits
649 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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  750 Hits
750 Hits

Georgia Legislature Considering Bill to Allow Benefit Corporations

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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  1029 Hits
1029 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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  648 Hits
648 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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  660 Hits
660 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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  581 Hits
581 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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  631 Hits
631 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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803 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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  602 Hits
602 Hits