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HTMLGeorgia Court of Appeals Provides Ammunition for Saving Unenforceable Non-Competes
William "Chip" Collins; Burr & Forman LLP;
Legal Alert/Article
October 21, 2014, previously published on September 23, 2014
In the World War II epic Saving Private Ryan, Tom Hanks and his platoon of grunts cross dangerous enemy territory to rescue an American soldier before he becomes the fourth member of his family to be a casualty of the Big One. In similar fashion, a trial court and a Georgia Court of Appeals panel...


HTMLFederal Trade Secrets Protection — Finally Something Both Parties Can Agree On
William "Chip" Collins; Burr & Forman LLP;
Legal Alert/Article
October 21, 2014, previously published on September 29, 2014
In recent months, two bipartisan bills have been introduced in Congress providing for a Federal civil remedy for trade secret misappropriation — the Defend Trade Secrets Act , introduced in the Senate in April, and the Trade Secrets Protection Act, introduced in the House in July. These...


Adobe PDFCourt Rejects Vicarious Liability Under Georgia Boating Law
Erin C. Howell, John P. Kavanagh; Burr & Forman LLP;
Legal Alert/Article
July 28, 2014, previously published on July 23, 2014
The State Court of Dekalb County, Georgia recently held that companies operating in the boat rental business cannot be held vicariously liable for the negligent acts of their rental customers. Carol Morris v. Yaaqov Avihasira, et al., Civil Action File No. 11A-39187-4 (Order dated 7/31/14). In the...


Adobe PDFFederal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
Legal Alert/Article
June 18, 2014, previously published on June 2014
USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits regarding approximately 15,000 H-1B petitions each year, and is now...


Adobe PDFSupreme Court Denies Certiorari to Hear Bank of America’s Challenge to Eleventh Circuit’s Rule Regarding Lien Stripping in Chapter 7 Bankruptcy Cases
Daniel N. French; Burr & Forman LLP;
Legal Alert/Article
May 15, 2014, previously published on May 2014
The United States Supreme Court recently denied certiorari to an Eleventh Circuit appeal which would have addressed the issue of whether section 506(d) of the Bankruptcy Code permits a chapter 7 debt to “strip off” a wholly unsecured junior lien in Bank of America, N.A. v. Sinkfield. As...


Adobe PDFCommon Mistakes, Problems and Concerns Companies Face During Implementation and Maintenance of Corporate Compliance Programs
Chester "Chet" J. Hosch; Burr & Forman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
An effective corporate compliance program is an essential component of internal controls for uncovering and preventing ethical lapses and criminal violations and smart companies are prudently adopting these programs. However, it is not enough to merely implement the program. It is also essential...


Adobe PDFGeorgia District Court Offers New Authority on Issue of "Full Authority" Under O.C.G.A. § 44-14-162.2
Ashby Kent Fox, Monika Vyas Scott; Burr & Forman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
In the latest chapter of the Georgia courts' attempts to interpret Georgia's foreclosure notice statute, O.C.G.A § 44-14-162.2, the U.S. District Court for the Northern District of Georgia issued an opinion on February 25, 2014 granting the plaintiffs' motion for leave to file an amended...


Adobe PDFSurprising Ruling by Georgia Court of Appeals May Allow for Pursuit of Guarantors without First Confirming Foreclosure Sale in Certain Circumstances
Kelly E. Waits; Burr & Forman LLP;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
As any lender who’s had a loan secured by real property collateral in Georgia knows, in order to pursue a deficiency balance following a non-judicial foreclosure of its collateral, the foreclosure sale has to be “confirmed” by the Superior Court in the county where the property...