Belkin is part of a partnership bought the Hawks, Thrashers and Phillips Arena operating rights from Turner Broadcasting System in 2004 and shared voting power equally among three subsets of owners. Like many failed business partnerships, the group almost immediately began having disagreements and losing money.

Our Georgia business dispute lawyers see partnership disputes arise all the time, between partners, shareholders and family members. This is true for all kinds of business and over a wide variety of business matters. Moreover, the poor economy has caused more and more businesses to lose money. As such, business partners are blaming each other for the company’s failure and fighting over the company’s assets and future. As a result, many partnerships all across Georgia and the nation are floundering.

If your Georgia based business is suffering from internal disputes, disagreements and financial losses, you need an experienced business lawyer in Atlanta to be on your side and help you determine several issues such as:

• Do you want to sell your company?

• Do you want to retain control over the business?

• Do you want to operate the business yourself?

• Do you want to retain your personnel?

It is crucial you have an experienced Georgia business attorney with you to determine what your options are in the case of a break up. Typical solutions include settlement, buy-out, sale or distribution of the business, and arbitration.

If your partnership or business is failing or if you are in the midst of a partnership dispute, please contact the Atlanta Business Law firm, The Libby Law Firm to help you undertake to protect your business interests.

Our firm welcomes the opportunity to be of service to you. Please feel free to call us at (404) 467-8611 or toll free at to discuss your options. You can also send us a message through our confidential Web Site form. The Libby Law Firm is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.

In Georgia it can take a minimum of a year for a case to go to trial, while the date of the final arbitration hearing can be set much sooner. Disputes are often resolved just a few months after the arbitration process is initiated. The disadvantage to arbitration is that the parties named in the dispute will pay for the time of an arbitrator. Arbitrators belong to arbitration associations that are usually private businesses, and fees for an arbitrator can cost several hundred dollars per hour. The court system, on the other hand, is funded by tax revenue and requires that the parties pay only filing fees.

Besides the timing advantage, another strong point to arbitration is that the parties can choose the arbitrator that will preside over the case. Arbitrators have been trained in specific technical areas of the law and can be picked with this in mind. Judges in court proceedings cannot be picked and, although they have a broad knowledge of the law, the judge assigned to a case may not possess proficiency in the area that the dispute covers. In complex construction disputes, having the option to choose a knowledgeable arbitrator will ensure that all parties are treated fairly under Georgia law.

When involved in Georgia construction disputes which will be resolved in the court system or through arbitration, it is advisable to retain a qualified Atlanta Construction Lawyer. The Atlanta construction lawyers at The Libby Law Firm have practice experience in all areas of Georgia Construction Law, including construction litigation and contractual disputes. We welcome the opportunity to discuss your case. Please feel free to call our Firm at (404) 467-8611 or toll free at to discuss your options. You can also send us a message through our confidential Web Site form. The Libby Law Firm main location is conveniently situated in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.

It is always prudent to have Atlanta Attorneys on hand who is familiar with the company and can step in if litigation arises. But, there are other very good reasons to hire a business lawyer. The first is to properly set up the business. Deciding on which type of business entity will work for the business model is important before filing the proper paperwork. A knowledgeable Georgia Business Attorney is invaluable at this stage in business formation. Personal liability issues and tax consequences need to be considered and an experienced Atlanta, Georgia business lawyer will have good insight into which options are best for the business. An hour could be all that is required to complete an initial assessment of this step, but doing it right can help you avoid future financial and legal issues and serious tax problems or lost tax benefits.

Before hiring employees at the new company, it is essential to draft solid Georgia employment contracts. Job duties, payment terms, non-disclosure agreements and non-competition clauses all need to be considered. These documents will ensure that future litigation is kept to a minimum. This is especially true given the most recent proposed changed to The Georgia Constitution wherein Judges will be allowed to “blue pencil” in changes to employer-employee agreements to make them enforceable so long as they are no less favorable to the employee. (This subject matter is a whole new set of Articles/Blogs which will be coming soon. The fact is, the fallout from this legislation has yet to be seen).

An Atlanta, Georgia business attorney and Atlanta, Georgia employment attorney can also help with the hiring and firing or the process of “laying off” employees and can assist with setting up a system to measure employee performance. The guidelines and contracts that are established early on will help protect the company if any employee ever files a lawsuit against the company. Besides paying employees, many companies purchase services from suppliers, have leases on property (for example, vehicles and commercial real estate) and sign distribution or licensing agreements. A business attorney will safeguard your company against one-sided agreements by negotiating favorable terms for the company.

An Atlanta Lawyer is responsible for protecting your company from harmful litigation. Whatever your business need is currently, the business attorneys at The The Libby Law Firm have the experience to handle the complexities of your business model. Contact us today to discuss your situation at (404) 467-8611. You may also send us a message through our confidential “Contact Us” form on our website. The Libby Law Firm main location is conveniently situated in the historic Buckhead section of Atlanta. We also have a Cobb County Office located in Marietta, Georgia. You can reach the Cobb County, Marietta, Georgia office by calling (770) 952-1008.

While many companies do follow the law when competing within a given industry and limit their strategies accordingly, some take actions that are clearly in violation of Georgia business law. When disputes do arise, it seems that the large companies with deep pockets are able to protect themselves. They appear to effortlessly litigate in order to safeguard their market share, leaving smaller companies in their wake. While some smaller companies do participate in unfair business practices, it is often smaller businesses that need greater protection. Because of their size, these smaller companies often face a challenge when defending their rights against larger companies and corporations.

The upside is that Georgia business law regulates how businesses operate so that all companies have the opportunity to do business in an environment free of illegal and unfair business practices. The laws exist to discourage unfair behavior, but for some companies the temptation is too great and the law is broken. There are a host of activities that fall into the category of unfair business practices including price fixing between competitors, false advertising, monopolies and boycotting certain businesses. When laws are broken and companies become victims of these types of activities, Georgia business lawyers are there not only to defend the interests of their clients, but also to fight for compensation for losses incurred.

Whether your company is small or large, as experienced Atlanta Business Lawyers we will provide qualified legal representation in cases of illegal and unfair business practices. We look forward to being of service to you. Please feel free to call our Firm at (404) 467-8611 or toll free at 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. The Libby Law Firm is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.

When employed with a Close Corporation, income from employment and the input your Close Corporation shares allow the shareholder, is likely the most valuable stake that minority shareholders have. Shares held have no value on the open market. That, coupled with the fact that majority shareholders are unlikely to buy the minority’s shares at a fair price, leaves the minority shareholders with little or nothing upon being terminated.

The good news is that minority shareholders in Close Corporation have significant rights.
There are legal protections in place, which Close Corporation Shareholders can use to defend their rights. Many are as follows:

• Retaining an Atlanta Corporate Shareholder Attorney is the best route to protecting your Close Corporation interests.

• In the alternative, Business Law statutes in Georgia do provide protection for minority shareholders faced with this situation. Just as in ordinary corporations, all shareholders in Close Corporations have the right to inspect the documents pertaining to the company, including, but not limited to, bylaws, shareholders meeting minutes, documentation of actions taken outside of meetings and resolutions related to share classification.

• In the case of wrongdoing, documents discovered during inspection can provide the required evidence to file a lawsuit against the company.

• Georgia law states that the majority shareholders have a Fiduciary Duty to the minority shareholders, allowing minority shareholders to sue for dissolution of the Close Corporation when these duties are not fulfilled. These suits can be filed if the majority shareholders have acted are acting or are expected to act in an illegal, fraudulent, oppressive, or unfair fashion toward the minority.

• Minority shareholders also can sue for fair valuation of their shares.

Whatever the circumstance, it is critical to seek an Atlanta Corporate Business Attorney experienced in Shareholder Actions. Having a properly drafted operational agreement can prevent these types of disputes from developing, but if conflicts do arise, an Atlanta, Georgia Corporate Lawyer with experience in Corporate and Shareholder proceeding will ensure that all possible legal avenues are pursued to help Minority Shareholders receive fair treatment and compensation under Georgia Law.

CONTACT US

The attorneys at The Libby Law Firm provide smart, aggressive, and resourceful legal representation in all areas of Business law and litigation. Georgia Shareholder Litigation is a Firm specialty area of practice. The Libby Law Firm’ Atlanta, Georgia Corporate Shareholder Attorneys can protect and promote your Close Corporation Shareholder interests. Our Atlanta Corporate Attorneys can also protect you from other circumstances that can be placed upon you in the form or Shareholder Oppression, Shareholder “Squeeze Outs,” and Shareholder “Freeze Outs.”

If you feel you are the victim of Shareholder Oppression, or majority shareholders have breached their Fiduciary Duty to you, contact our Atlanta office to set up a meeting. There are many other instances where Majority Shareholders may breach a duty to you. Many are in the form or Corporate Theft of Corporate Opportunities, Misappropriation of Close Corporation Funds. The list is endless and so are the instances of malfeasance that occur in Corporate America.

The Libby Law Firm’ Main Office is conveniently located in Buckhead Section of Atlanta and close to the intersection of Piedmont and Peachtree Roads near the Buckhead Triangle. You can contact our Main Office by calling (404) 467-8611, or through our Buckhead confidential Contact Us Form.

In addition to the Main Buckhead Office, we have a second office located in Cobb County, Marietta, Georgia, to accommodate our West Atlanta clientele in need of a Marietta, Cobb County, Corporate Business Attorney. You can reach us at the Cobb County, Marietta, Georgia Office by calling (770) 952-1008. We also have a Contact Us form for our Marietta Office and we invite you to use it. Please know all inquiries are extremely confidential and are privileged communications.

Our Firm would be glad to be of service to you. The Libby Law Firm provides legal services throughout Georgia, including the cities and counties of Georgia including Fulton County, Sandy Springs, Roswell, Alpharetta, South and North Georgia, Buckhead, Atlanta, Gwinnett County, Lawrenceville, Duluth, Forsyth County, Cumming, Cobb County, Marietta, Acworth, Kennesaw, DeKalb County, Decatur, and many more counties and cities all throughout Georgia. Please do not hesitate to Contact Us.

In today’s tough economy, many people are starting their own businesses. But with the infiltration of online legal document services, it is easy for new business owners who may be strapped for cash to bypass using the services of a Georgia business attorney. Unfortunately, by their very nature, these online legal documents can cover only the most common legal issues and cannot begin to address the individual circumstances and requirements that ultimately face any business. These “e-documents” do not address specific Georgia business requirements and provisions. Relying solely on documents found through an online service may seem cost effective and quick at first glance, but the results can be disastrous. These documents are not legal advice and are not a substitute for an experienced Georgia business lawyer. A reading of the disclaimer from any of these “e-document” sites confirms that the provider of these “e-documents” has set forth these “e-documents” for information purposes only. Further, as you might guess, these “e-document” providers take no responsibility for the serious problems these “e-documents” cause or assist you when pressing concerns arise. As an Atlanta, Georgia business attorney, I have seen the countless problems these “e-documents” create. As a proprietor of a well-established Georgia business law firm, I find the sale of these documents untenable.

Purchasing online legal documents is not a substitute for the counsel of an experienced Atlanta, Georgia Business Lawyer. The qualified Atlanta business attorneys at The Libby Law Firm will take all of your business circumstances into account when drafting the necessary legal documents. Call today to discuss the benefits of working with an experienced Georgia business lawyer who will protect your business interests, whether your business is a sole proprietorship or a large multi-member LLC. Please feel free to call us at (404) 467-8611 to discuss your options. You can also send us a message through our confidential Web Site form. The Libby Law Firm main location is conveniently situated in the Buckhead section of Atlanta. For your convenience, our law firm also has experienced business lawyers in our Cobb County, Marietta, Georgia office. Both of these offices are easy to find conveniently located full service offices with comfortable surroundings and plenty of free parking.

Many parties entering into a new Georgia corporate business attorney-client relationship are either so eager to begin their business affairs, or so wary of delaying or derailing a Georgia business deal, that they are wary of bringing up the need for a written contract governed by Georgia Law. If a written contract is agreed to, many try to make it as simple as possible often without seeking the legal advice of an Atlanta, Georgia business contract attorney.

Our Firm has Atlanta business consulting lawyers giving advice to each business, which is custom tailored to their needs (we give such advice on an ongoing basis as needed after hours, on weekends, and more).

This is why many businesses enter agreements without a written contract, without attorney review of a contract, or without even reading a contract. This is also why so many contractual agreements that begin with such optimism and desire for speed, end up dragged down into the mire of contractual litigation, where they are finally forced to resort to the attorneys who could have prevented such a breakdown in the first place.

Protect your Georgia business with an Atlanta business lawyer’s advice and know that it is of the utmost important to have a written contract reviewed by experienced local Atlanta business contract attorney, that covers, simply but effectively, all necessary elements of the binding contract-agreement governed by Georgia law to ensure the rights and obligations of both parties are met.

A simple example of a situation where one clause can solve a great deal of time and expense is the question of jurisdiction to hear your case, the specific court (state or superior, etc.) and governing law.

Many Atlanta and Georgia businesses deal with other businesses, contractors, and customers that are outside of Georgia. So, if there is a lawsuit, where must it be filed? Many tend to believe that they can file a lawsuit in the state where they reside. This is not always the case, in fact, it is most often the very opposite.

Generally, a lawsuit must be filed in the state where the Defendant (the non-suing party) resides.

Thus, if you are a Georgia business, even one that feels it is the victim of a breach by an out-of-state company, you will still have to file in that company’s state with all the extra expenses involved in that.

If you wish to fight to have the case brought within your state and county, you will have to prove that your situation falls within the exceptions to this rule, known as the Georgia Long-Arm Statute (O.C.G.A. 9-10-91). Under the Georgia Long-Arm Statute a lawsuit can be brought in Georgia if the nonresident:

1. Transacts any business within Georgia;

2. Commits a tortious act or omission in Georgia;

3. Commits a tortious injury in this state caused by an act or omission outside this state if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state; and

4. Owns, uses, or possesses any real property situated within Georgia.

This is a very high and fact-based standard and thus a time-consuming, expensive inquiry. It is also one that would have to be addressed before the merits of the case itself could even be considered.

THE BEST WAY TO AVOID THE ABOVE PROBLEMS?

A simple clause within the contract that states, “In the event a dispute arises, the parties agree that all lawsuits, claims, etc. will be brought within the state of Georgia [including county, city, and court where possible] and be interpreted and governed by and under Georgia law.”

[THIS – AND THE ABOVE AND BELOW INFORMATION – IS NOT LEGAL ADVICE – LEGAL ADVICE CAN ONLY BE GIVEN BY A GEORGIA ATTORNEY AT A PROPERLY SET CONSULTATION]

Simple clauses such as these that attorneys such as the ones at The Libby Law Firm can make sure your agreement contains, can save more time and money than you can imagine. If you have been involved in litigation, you would know, but trust an Atlanta business lawyer who drafts and reviews contracts as well as engages in serious, drawn out, costly, and damaging, Georgia business contract litigation.

If you have concerns regarding contracts for goods or services, you must have a Georgia contract lawyer draft and-or review your agreement depending on the situation. Such examples where a contract would solve many issued that arise are ones involving builders, contractors, sub-contractors, architects, negligence, malfeasance, or fraud.

Up the first sign of a contract which may be in place, or a problem arising out of a contract, immediately contact our Atlanta business contract lawyers to schedule a consultation. One of The Libby Law Firm experienced business contract lawyers will assist you immediately. In most cases, the longer you wait, the greater the damage usually is, so acting fast and boldly is necessary.

Contact our Georgia contract lawsuit attorneys who specialize in drafting, reviewing, and to legally enforce Georgia contracts. Please call our Main Office set up a meeting today. You can reach Main Office by calling our (404) 467-8611. The Libby Law Firm Main Office is conveniently located in Buckhead Section of Atlanta. You can also use our confidential Contact Us Form.

As homeowners, we are forced to put our trust in many types of contractors and usually it is relatively straightforward to find a qualified professional who, through referrals, can make repairs. However, in new construction timelines and oversight of projects, contractors are usually not intimately involved in overseeing the project. This is especially true after the home is purchased and the pre-build out is complete. Unfortunately, it may be months or even years after the buyers move into the home, before the Georgia concrete construction defects discovered. Thus, it usually becomes a daunting task to rectify the situation by correcting the defects in a suitable fashion, finding the responsible parties, and holding accountable the responsible parties.

A Georgia construct defect attorney with knowledge of concrete can be invaluable in this process. This is especially true if this Georgia construction lawyer has a trusted construction concrete engineer by their side. One of the first things an attorney will do is to locate an expert who will inspect and evaluate the defects. This expert can also act as a witness during any necessary arbitration or litigation. The expert will have an insightful understanding of the science behind concrete application, not mere experience. This is critical and an experienced construction defect attorney will look for a construction expert who understands the importance of site evaluation, proper mixing techniques, the range of cement grades, correct concrete installation, proper curing for under different types of weather conditions and backfill quality.

The Georgia construction defect lawyers at The Libby Law Firm have a working knowledge of concrete defects and their list of skilled engineers to assist with specific concrete defects. Our aggressive construction attorneys are ready to pursue a suitable resolution to your construction defects in your commercial workplace, with a former sub-contractor, or in your home. Our Georgia construction attorneys are experienced in representing homeowners involved in disputes with builders, sub-contractors, contractors, and insurance companies. Likewise, our Georgia construction lawyers are experienced in representing builders, sub-contractors, contractors, and insurance companies, in disputes with homeowners.

Call us today to discuss how to resolve your Georgia concrete and construction related matter. You can reach our Main Office at (404) 467-8611 . You may also send us a confidential message via our “Contact Us” website form. Our main office is located in the historic Buckhead section of Atlanta.

Our Firm would be glad to be of service to you in your Georgia Construction Defect Related Proceedings. The Georgia Construction Lawyers at The Libby Law Firm can provide you with quality legal representation concerning Georgia Construction Matters. Whether your Georgia Construction Defect Problems arise from your position as a Georgia Construction Contractor, Sub-Contractor, Builder, Insurance Company; or, Homeowner or Home Purchaser, please do not hesitate to contact us. We can assist you.

As an Atlanta construction law attorney, I have successfully represented countless clients in Georgia home construction defect arbitration cases. I have also represented countless clients in Georgia home construction defect negotiations. What is more, I have successfully brought contractors, builders, sub-contractors, and architects who are at fault, “to the table”, forced them to take responsibility and for their defective construction or design and pay damages, forced them to correct the defects at no charge to the home buyer, or both. It therefore stands that I know what you must look for in choosing a lawyer to represent you in a Georgia construction dispute. This is especially true if your dispute is to be decided through binding arbitration. Regardless, you must decide when it is the right time to seek the assistance of a Georgia construction attorney.

I would presume you found this article because you believe you have a construction defect in your home or other structure, which was caused by or through the negligence, malfeasance, or fraud of your contractor, builder, sub-Contractor, or architect. You will be glad to know, your search has landed you in the right place. The order of events in discovering and addressing a construction defect in your new home are as follows:

• You have found what you believe to be a construction defect

• You have tried to get the contractor to correct what you believe to be a defect, but you can’t get your contractor to correct the problem, or your problem gets the proverbial “band aid” placed on it

• You realize this is your house, it’s probably the biggest purchase you’ll ever make, you will call this place home, and your sixth sense tells you this is not a situation to take lightly and you should see a professional, such as a Georgia Construction Defect Law Attorney!

When you have verified that something is wrong with your home, and that the contractor, builder, sub-contractor, architect, etc. are not going to assist you in addressing or correcting the situation, it’s time to move on to more assertive behavior to protect your asset, as follows:

• Notify the contractor that there is a problem and give him one last chance

• Verify through a third party expert that the problem you believe is a home defect is the type of defect the contractor, builder, sub-contractor or architect should be responsible for, and should correct

• Verify through a third party inspector, expert, or other such person privy to the costs of correcting construction defects, and determine that the costs involved in hiring an attorney are justified. Make sure you consider the total affect the defect will have on you such as diminution in value, future sale value, the problem becoming worse over time, etc.

Now, you have properly identified and noted a construction defect for which the contractor, builder, sub-contractor or architect should be responsible, but will not correct. You have double-checked your findings through a third-party, and you have calculated that the problem is significant monetary issue to seek the assistance of a professional. Now it’s time to seek out your Georgia construction defect attorney to assist you.

If you have concerns regarding builder, contractor, sub-contractor or architect negligence, malfeasance, or fraud in the construction of your home, immediately contact our Atlanta Construction Lawyers conveniently located in the Buckhead area of Atlanta to schedule a consultation with one of The Libby Law Firm experienced construction law attorneys. The longer you wait, the greater the damage usually will be and the more expensive and difficult it is to correct. Acting fast and boldly is necessary!

Contact our homebuilder defect liability Lawyers at our Main Office set up a meeting today. You can contact our Main Office by calling our (404) 467-8611. The Libby Law Firm Main Office can be found conveniently located in Buckhead Section of Atlanta. You can also use our confidential Contact Us Form.

As an Atlanta Property Attorney who advises clients on the purchase and sale of real estate, I make sure and advise the sellers of real estate it is illegal to fail to disclose to potential buyers, major and/or material construction defects, in the ‘home for sale’. While sellers may view these disclosures as a burden, these laws exist to protect sellers and homebuyers.

By being upfront about your home’s defects in Georgia, a home seller can avoid serious lawsuits and legal liabilities in Georgia for failure to disclose defects. Your seller’s disclosure form shows both parties exactly what the defects are, so you can be exempt from future problems.