Justice System Must Take Steps to Ensure Jurors' Health Once Trials Resume
William J. Hunter
As I prepared to write this piece, my 14-year-old son was required to undergo knee surgery at Augusta's Children’s Hospital. The complicated (and lengthy) pre-op process was a reminder of the multi-faceted challenges we face related to COVID-19, especially when considering reinitiating jury trials across our State.
Social Media and Discriminatory Hiring Practices: What Businesses Need to Know
Lawrence T. Evans
Most employers understand that federal laws (the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and others) make it illegal to discriminate against employees on the basis of race, color, religion, sex, national origin, age, and disability. These prohibitions apply not only to workplace treatment but also to the hiring process.
The Next Wave of Civil, Criminal, and Administrative Liability: The Georgia Prescription Drug Monitoring Program
The Georgia Prescription Drug Monitoring Program (PDMP) is an electronic database used to monitor the prescribing and dispensing of controlled substances in the state of Georgia. The law is already in effect and regulates physicians and pharmacists in the state of Georgia beginning January 1, 2018. As of July 1, 2018, physicians and pharmacists must comply with the requirements set forth in the PDMP. If you are not already signed up and in compliance with the PDMP, your medical or pharmaceutical license is at risk, and you are potentially at risk of lawsuits, penalties, and even criminal charges under the new PDMP.
Planning for Litigation: How Small Businesses Can Minimize Costs
David Bobo Mullens, III
Let’s face it: no one welcomes the idea of unexpected litigation, especially business owners. Lawsuits can cause stress and heartache, impact productivity, alter new business opportunities, and precipitate substantial and unexpected costs. But what if I told you there were ways small business owners could plan for legal action in a way that would minimize the risk of incurring those costs?
“Never sign anything without letting your attorney review it first”. This is advice many in the business community have likely heard ad nauseam from their legal counsel. As business litigators can attest, it is also advice not always heeded. This was seen often after the real estate crash, where many deep pocketed individuals had personally guaranteed speculative real estate or business endeavors, only to be pursued vigorously upon their failure.
Tax Cuts and Jobs Act: Impact on Divorcing Spouses
Andrew M. Wilkes
As many of us move forward following the conclusion of this year’s tax season, many individuals and professionals continue to adjust to the major tax revisions approved by Congress in the Tax Cuts and Jobs Act of 2017 (TCJA) and signed into law by the President. The TCJA went into effect on January 1, 2018 and made substantial changes to the prior tax code. Additional changes that impact divorce and separation instruments will occur beginning in 2019.
Limited Liability Companies: Drafting for Bottom-Up and Top-Down Liability
David H. Dickey and J. Ryan Beasley
In this article, Mr. Dickey and Mr. Beasley address the use of limited liability companies (“LLC”) in estate planning and asset protection and important drafting tips for LLC governing documents to keep property beyond the reach of creditors. LLCs are best known for the favorable characteristics they take from the other types of entities. In the most rudimentary sense, LLCs can combine the favorable liability protection from corporations with the often favorable tax treatment from partnerships.
In this article, attorney Ryan Beasley and I will address the issue of how trusts can be used to protect property from the claims of creditors and predators. In speaking of claims by creditors and predators against property held in trust, we normally hear about two major types of trusts, “Self-Settled Trusts” and “Third Party Trusts.”
Revocable Trusts and Wills are often sold to the public as analogous estate planning tools, capable of achieving various levels of creditor, tax and probate protection. The truth is that each vehicle offers unique advantages, and the selection of either or both as an estate planning tool should only be made after carefully considering the respective costs and benefits. Below is a basic discussion of the differences between Revocable Trusts and Wills as a method for disposing of property at death.
In this article, Mr. Dickey and attorney Ryan Beasley address the issue of how trusts can be used to protect property from the claims of creditors and predators. Protecting trust property from the claims of creditors and predators. In speaking of claims by creditors and predators against property held in trust, we normally hear about two major types of trusts, “Self-Settled Trusts” and “Third Party Trusts.”
Insuring Yourself Against the World: Uninsured/Underinsured Motorist Insurance and Why It Pays
George T. Major, Jr.
Every day we put ourselves at risk when we drive away in our car. It is simply a necessary means to living in today’s world. However, most folks do not truly realize just how exposed we are every time we are in a car. In the event you are in an accident and find yourself injured as a result of a collision caused by either an uninsured or underinsured driver, you could not only be facing a serious health situation but massive medical expenses and essentially, financial jeopardy.
Use of Third Party Trusts, Other Techniques to Protect Assets from Creditors and Predators
David H. Dickey and J. Ryan Beasley
In a recent article, we discussed using trusts in order to protect assets from creditors and predators; specifically, the limitations of protecting assets in Self-Settled Trusts. In this installment, more attention is devoted to the use of Third Party Trusts and other techniques to protect assets from creditors and predators.