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June 2014 Archives

Choosing entity type is essential in Georgia business formation

Deciding to start a business can be exciting, but it requires several decisions to be made before anything else can be done. One of the essential decisions in Georgia business formation is what type of entity the business will be. The decision will affect how the business is viewed, both legally and by federal and state taxing authorities.

Department of Labor says contractors violated wage and hour law

Many Georgia construction contractors work on projects that include some sort of federal money. When this happens, it is essential for general contractors to ensure that workers are paid for the work they do -- both their employees and the employees of any subcontractors used on the job. Otherwise, the general contractor could find itself in violation of at least one wage and hour law, which could cost the company a significant amount of money.

Georgia participating in GlaxoSmithKline fraud settlement

Patients and physicians around the country, including in Georgia, rely on pharmaceutical companies to market their products for the uses for which they are approved by the Food and Drug Administration and nothing else. When a company markets a product for what is called an "off label" use, unintended consequences and side effects can occur. This type of marketing is said to perpetrate a fraud on both physicians prescribing the medication and the patients taking it.

Arbitration enforceable in a Georgia wage and hour complaint

Sources indicate that a large percentage of Georgia’s employment lawsuits are in connection to the Fair Labor Standards Act (FLSA). A recent decision from the United States Court of Appeals for the 11th Circuit -- which is the federal appeals court for Georgia, Florida and Alabama -- could affect many of those claims. According to the 11th Circuit, arbitration is allowable in a wage and hour complaint.

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.