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Second real estate seminar coming up soon

 Flint, Connolly and Walker, LLP will host a second, free continuing education seminar for Georgia realtors on September 10, 2015. Changes to real estate closing procedures required by the new Consumer Financial Protection Bureau ("CFPB") regulations that go into effect on October 3, 2015 will be revealed. Register through the Cherokee Associa...
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FCW Realtor’s Continuing Education Seminar

Partner Douglas Flint discussing changes to real estate law

 Last week Flint, Connolly and Walker, LLP held a continuing education seminar for Georgia realtors. Its purpose was to provide insight into the changes to real estate closing procedures required by the new Consumer Financial Protection Bureau regulations that go into effect on August 1, 2015. Our speakers included attorneys Douglas Flint, David Walker, and Andrew Smith.

We thoroughly enjoyed meeting and speaking with all of our attendees.
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Building Blocks for Starting a New Business

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 o...
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Civil Case Preview–What to Expect in a Civil Action

  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...
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Holiday Hours

  Happy Holidays! Our offices will be closed on Monday, December 24-25, 2012, and on December 31, 2012-January 1, 2013 in observance of the Christmas and New Year's holidays.
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A Dragon in the Mist: Ill-prepared Employers Could Be Crushed by the Coming Obamacare Mandates

  Unless it is repealed, The Affordable Care Act ("Obamacare") will be fully implemented by January 1, 2014.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 fai...
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My loved one has passed away – what do I do now?

  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...
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“We Built It”

  You may have noticed the banner hanging on our façade which states: "WE BUILT IT". You may have seen it in other businesses as well. By way of explanation, the message is our rejection of the President's allegations that somehow Government is responsible for individual effort and success or failure. In particular, these are his remarks from ...
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Business are people, and we are the solution, not the problem

  Excerpted from Job Creators Alliance, July 25, 2012, by Michael Leven and Richard Jackson Lately, it seems that the only form of acceptable hate speech left in America is hostile invective heaped upon entrepreunuers and innovators by a vocal minority of pundits, and increasingly, political leaders who should know better. At the core of the g...
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Conservatorship

  In my previous blog 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...
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A Fairness Quiz for the President

  From the Wall Street Journal, February 7, 2012, by Stephen Moore Is it fair that some of Mr. Obama's largest campaign contributors received federal loan guarantees? President Obama has frequently justified his policies—and judged their outcomes—in terms of equity, justice and fairness. That raises an obvious question: How does our existing s...
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A letter on the law

  Parents – you need to execute a Last Will and Testament. I recently represented an unfortunate client whose husband unexpectedly died of a heart attack while he was getting dressed for work. He was survived by my client (his wife) and their two young children, and he did not have a will. I write that she was unfortunate, not only because her...
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“Don’t Tread On Me”

 Flint, Connolly & Walker, LLP, recently adorned the façade of its offices with a proud display of the U.S. Flag, the Georgia Flag, and the Gadsden Flag. While most members of our community are acquainted with all three banners, many do not know the precise history and meaning of the Gadsden Flag.


The Gadsden Flag depicts a coiled rattlesnake with thirteen rattles against a yellow background with the motto: "Don't Tread on Me". It was first commissioned by Navy Colonel Christopher Gadsden in 1775 who delivered it as a gift to Commodore Esek Hopkins, the Commander of the Continental Navy for the American colonies in the Revolutionary War. Shortly thereafter the flag flew on the mainmast during the Continental Navy's first mission against the British fleet, and it remained as the most prominent flag of the American colonies until the formal adoption of the Stars and Stripes.


As noted by one historical observer, "since the Revolution, the flag has been reintroduced as a symbol of American patriotism, disagreement with Government, or support for civil liberties." Its display at Flint, Connolly & Walker invokes our empathy with these concerns.

The rattlesnake itself was often used as a symbol of the American colonies during the Revolutionary era; however, its meaning was most succinctly described in an essay written by Benjamin Franklin – under the pseudonym of "the American Guesser" – in 1775:

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Georgia employers must act to protect themselves against allegations of workplace discrimination

  It is important for Georgia business owners to be familiar with federal employment regulations such as Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, The Age Discrimination Act of 1967, and Title I of the Americans with Disability Act of 1990. Although business owners and managers may be familiar with the general requi...
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DUI Considerations

"First the man takes a drink, Then the drink takes a drink, Then the drink takes the man."

EDWARD R. SILL

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More on the subject of “Independent Contractors vs. Employees?” (using FLSA criteria)

 My previous article dealt with the standards used by the Internal Revenue Service at making a determination about the status of a worker as an employee versus an independent contractor. These standards are not, however, the only ones that apply to this critical question. The federal Fair Labor Standards Act (FLSA) also affects all employers and compliance with this sweeping law is essential to every employer.

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Independent contractor vs. employee?

 For the unwary business owner, the terms "independent contractor" and "employee" may seem to be a question of whether the business owner or manager elects to issue a W-2 or 1099 to the worker in question. However, these words represent important distinctions that have been specifically defined by the Internal Revenue Service. A business owner who fails to properly classify its workers can suffer significant penalties and financial detriment.

Whether someone who works for you is an employee or an independent contractor is an important question. The answer determines your liability to pay and withhold Federal income tax, Social Security and Medicare taxes, and Federal unemployment tax. In general, someone who performs services for you is your employee if you can control what will be done and how it will be done.

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Georgia materialmen liens

 It is no secret that the past four years have been tumultuous, if not devastating, for the construction industry in Georgia. Commercial and residential contractors alike have suffered tremendous losses as the nationwide economic collapse brought projects to a literal halt across the State.

Recently, however, I have begun to hear encouraging news from several of my clients who work in the construction industry, who tell me that the building market is beginning to show signs of life. Although we are still months, if not years, away from a major recovery, many owners and developers are working hard to breathe life into this previously stagnate industry.

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Primary Issues in Divorce

Divorce is and should be a difficult decision. But, too often this difficulty has led many divorcing spouses to try to move through the process as fast as possible without properly considering all of the issues and pitfalls that must be addressed. The process to end a marriage is much more difficult than the one that began it. If divorce is where you must go, then you must carefully consider, among other things:

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Letter to the Editor

 Published in the Cherokee Tribune, November 27, 2010

BUSINESS OWNERS AND EMPLOYEES MUST CONSIDER THE RAMIFICATIONS OF NEWLY ENACTED HB 173

On November 2, 2010 a political sea change swept the nation as voters resoundingly rejected the brand of "hope and change" that had been previously marketed by their political representatives. While most election coverage focused on the Republican takeover of the U.S. House of Representatives and that party's dominance in Georgia's state elections, relatively little attention was paid to the revolutionary changes in the laws that govern non-compete, non-disclosure, and non-solicitation (collectively referred to as "restrictive covenants") provisions in Georgia employment contracts; however, a firm understanding of the new laws is critical for all Georgia business owners and employees.

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