Judicial Elections: They Matter

I’m not going to talk about cases, civil procedure or other actual legal issues today.  Instead, I want to remind everyone of their civil duty to vote.   While many Georgians are looking towards the national General Election in November, they are overlooking a fast-approaching election on May 24, 2016.  The Georgia Secretary of State refers to this as the “General Primary Election, Nonpartisan General Election, and Special Runoff Election.”  But it should be more well-known as the Judicial Election.

On May 24, 2016, the polls open to allow the public to vote on their Judges. (There are other elections to be sure, but we don’t care about them here).  Unfortunately, the election does not occur at a commonly understood time, and voting rates reflect this.

According to the Georgia Secretary of State’s records, only 29% of Cobb County’s Registered Voters voted in the July 2012 General Election.  And Fulton County’s rate was a similarly small 25%, with DeKalb County beating them both with 30% of registered voters casting a vote.

Continue reading

Do This NOW to Prepare for the New Federal Trade Secrets Law

H/T to Eric Ostroff and his http://www.protectingtradesecrets.com blog for this timely post. Trade secrets claims can be strong claim in Georgia, especially if a confidentiality or non-disclosure covenant is void. But, of course, the facts must warrant and justify the claim!

Protecting Trade Secrets

The Defend Trade Secrets Act (DTSA), which creates a federal cause of action for trade-secrets misappropriation, will be signed into law by President Obama in the coming days. This new law will have a substantial effect on where, and how, trade-secrets cases are litigated. Now is the time to figure out if your company is ready for the new law.

Since the DTSA’s definitions of trade secrets and misappropriation are largely similar to those in the Uniform Trade Secrets Act adopted by most states, I’m most concerned about making sure companies are minimizing the risk that they will unexpectedly be hit with a seizure order.

As has been widely discussed and debated, the DTSA contains an ex-parte seizure provision that authorizes judges to order the seizure of property containing the plaintiff’s trade secrets. While there are substantial protections to prevent abuse of this remedy, companies need to make sure they are not at risk of having their…

View original post 214 more words

When A Business Divorce and Facebook Page Go Bad…

This week, we look at the Georgia Supreme Court’s ruling in Davis v. VCP South, LLC et al., 297 Ga. 616, 774 S.E.2d 606 (2015), reconsideration denied (July 27, 2015).  But I want to focus on two things – how to value a LLC when it’s owned 50/50 and the evolving role that Facebook and social media can play in business divorces. Continue reading