Northern Georgia General Law Blog
Filing Chapter 11 for an organized, optimized wind down
When an insolvent business must cease operating, bankruptcy is often part of the dissolution process. Successful bankruptcy proceedings can eliminate debts that might lead to litigation or even claims against the owner of the business. Frequently, those planning to...
The role of disgorgement in IP infringement cases
People generally associate the term “disgorgement” (or “disgorgement of ill-gotten gains”) with fraud cases wherein a party has engaged in embezzlement, insider trading or other illegal activity. It involves a court or regulatory authority ordering that party to repay...
Hidden IP issues in family business mergers
If you are considering a merger, you will likely review assets such as real estate, equipment, inventory and financial accounts. However, some of your most valuable business assets may not exist in physical form. Intellectual property (IP) can be a valuable business...
Can business loans put personal assets at risk?
Business owners are sometimes risk-averse if they are worried about the long-term financial ramifications. But the business world is naturally going to contain some amount of risk, and owners need a way to take on financial obligations, such as business loans, when...
What qualities should you look for in a business partner?
As an entrepreneur considering a partnership, it’s vital to choose the right partner. Since they will have co-ownership of the business, they will directly impact the company’s decisions, culture, daily operations, profits, losses and so on. Therefore, you want to...
What should you know as a creditor about 341 meetings?
No business owner wants to find out that a client or anyone else who owes them money has filed for bankruptcy. However, if you know a bit about how bankruptcy law works, you may be able to improve your chances of recouping at least a portion of what you are owed. It’s...
What is an advance directive and why do you need one?
A sudden medical emergency can leave you unable to communicate your treatment preferences to doctors and loved ones. Before this happens, there is a way for you to step up and give your loved ones directions on what to do. Protecting your medical wishes An advance...
Is another business using your name?
You developed a unique name for your business and registered it, and then you notice that another business is using it. This can be an infringement of your intellectual property (IP) rights. It can confuse your customers, potentially leading to lost sales. Besides, if...
When succession planning works best as a family affair
Passing your business onto your children can be rewarding as a parent and an entrepreneur. The work you put into building a company and raising capable kids is finally paying off. However, it takes careful planning and communicating with your family to do it properly....
When co-owners disagree: Navigating partition action in Georgia
When you own property with others, disagreements can arise that make continuing the co-ownership feel impossible. When discussions fail to produce a resolution, you do not have to remain stuck in a shared ownership that no longer works. Fortunately, Georgia law...
