Briskin, Cross & Sanford, LLC

Many entrepreneurs face the challenge of securing capital to start their businesses. Convincing banks or lenders to finance an untested idea can be difficult, and investors may offer unfavorable terms. For those with limited savings, using personal funds can be impractical. As an alternative, some turn to credit cards for funding. While this option is accessible, it comes with significant risks, such as high-interest rates and the potential for sudden credit freezes.

Credit cards can offer advantages like easy access to funds and the opportunity to earn interest if balances are paid off promptly. However, due to the high costs and risks, it's wise to explore other financing options first, such as loans from friends, family, or small business lenders. Exhausting these alternatives can help mitigate the financial risks associated with credit card financing. https://bit.ly/3o0Pqus

At-will employment is a fundamental aspect of many employment agreements, defining the flexibility of termination for both employers and employees. In the absence of explicit terms in an employment contract, the at-will employment doctrine generally applies. This means either party can terminate the employment relationship at any time, for any lawful reason, without incurring legal consequences. 💼

Under at-will employment, employees have the freedom to leave their job whenever they choose, while employers can dismiss employees without specific cause, provided it does not violate discrimination laws or other legal protections. This provision also allows employers to alter the terms of employment as needed, although some limitations might apply based on the circumstances. ⚖️

An effective employment contract often includes specific terms about termination, such as required notice periods or conditions for ending employment, which can offer more protection and clarity compared to the default at-will arrangement. Employers may choose to incorporate such terms to mitigate risks and better define the employment relationship.

To ensure that employment contracts are comprehensive and effective, seeking legal counsel is advisable. Legal experts can help draft agreements that address specific needs and risks, ensuring that both parties are protected and aware of their rights and obligations. https://bit.ly/3WLu1r5

At Briskin, Cross & Sanford, LLC, we specialize in drafting comprehensive employee manuals and employment agreements for both executives and workers. We also create restrictive covenants to safeguard trade secrets and prevent unfair competition from former employees. 🤝

Our services include crafting noncompete agreements that effectively balance company protection with employees' rights to pursue other opportunities, as well as nonsolicitation agreements to deter unfair poaching of staff and leakage of confidential information. We ensure our clients comply with federal employment laws, including the Fair Labor Standards Act, the Family Medical Leave Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. 💭

Our seasoned trial lawyers handle litigation involving restrictive covenants, nondisclosure agreements, and trade secrets, seeking resolution through negotiation, mediation, arbitration, or trial. For expert assistance with employment agreements and restrictive covenants, contact us today. https://bit.ly/3vsjAJN

Many entrepreneurs shy away from creating a business plan, preferring hands-on work over planning. However, a well-crafted business plan is crucial for any business. It not only helps in evaluating potential and risks but also serves as a key tool for securing financing from lenders and investors.

A business plan is a formal document that outlines your business’s products or services, financials, market analysis, management, and funding needs. It’s a detailed guide that can help you present a clear vision to interested parties. While drafting a business plan requires effort, it’s invaluable for guiding growth and development.

It also helps control access to sensitive information. An experienced business attorney can assist in creating a robust plan that optimizes your business potential and serves as a roadmap for future success. https://bit.ly/3o0Pqus

Trade secrets are crucial assets that offer a competitive edge, and their theft poses a serious threat to companies. In Georgia, trade secret theft involves deceitfully taking, using, or disclosing confidential information, potentially resulting in significant financial losses and diminished competitive advantage.

Signs of Potential Theft:
-Increased document downloads, especially confidential ones.
-Unexplained communication with competitors.
-Unusual work hours, such as late nights or weekends.
-Evasion of questions about work activities.

Proving trade secret theft can be complex, with potential penalties including up to five years in prison and fines up to $50,000. If you suspect theft, consult an experienced lawyer promptly to explore legal options.

To safeguard trade secrets, implement written policies defining these secrets, use non-disclosure agreements, limit access, and provide regular confidentiality training. Proactive measures can help protect your business long-term. https://bit.ly/3A4E2a1

The longstanding practice is under legal review right now.

Can I Use Noncompetes? What should I know?

Can a charity or organization secure tax-exempt status without incorporating? Yes, but incorporating provides essential protection for officers and directors, shielding them from personal liability. In Georgia, nonprofit incorporation also limits liability for punitive damages, unlike unincorporated associations. 📄

At Briskin, Cross & Sanford, we specialize in forming various nonprofit entities, including 501(c)(3) charities, 501(c)(4) advocacy groups, and 501(c)(6) trade associations. Our team offers expert advice on compliance with private inurement laws, avoiding excess benefits taxes, political activity regulations, fundraising disclosures, conflict of interest management, and liability insurance. 💡

We also assist with starting private foundations for community support. Reach out to us for comprehensive guidance on nonprofit legal matters. Visit our website to learn more today! https://bit.ly/3FEVteq

Many employers rely on independent contractors to handle key business tasks, while contractors value the flexibility of self-employment. But who qualifies as an independent contractor, and what does that mean for taxes? Independent contractors, like freelance writers, work on specific projects as needed without guaranteed ongoing work.

The IRS defines an independent contractor as someone who controls how they complete their tasks but not necessarily the final result, which is directed by the employer. This distinction is crucial for tax purposes, as independent contractors are responsible for their own taxes and benefits. Ultimately, the IRS decides whether a worker is an independent contractor or an employee, impacting tax reporting and compliance.

Understanding these implications helps businesses and contractors manage their roles and responsibilities effectively. Visit our website to learn more! https://bit.ly/3o0Pqus

Safeguarding your company's interests involves addressing internal risks, and an employee handbook is a key tool in this strategy. It serves as a clear communication channel between you and your employees, offering several benefits:

1. Welcome New Hires: Introduce new employees to your company's culture and values, helping them adjust quickly.
2. Lay Down the Rules: Clarify policies on discrimination, harassment, and working hours, so employees understand their rights and responsibilities.
3. Provide Information: Outline company benefits and other essential details, serving as a convenient reference for all staff.

If you already have a handbook, consider updating it to ensure it continues to meet your needs and reduce legal liabilities. 📖 An effective employee handbook not only aids in compliance but also fosters a well-informed and cohesive workforce. https://bit.ly/46qL3ha

Looking for expert guidance in residential real estate transactions? Briskin, Cross & Sanford's experienced team is here to assist regional, national, and global investors, community lenders, real estate agents, and homeowner associations with a range of services. 🏘️

From new construction and purchases to refinances and investor closings, they ensure smooth, timely transactions with personalized attention and excellent customer service. Their services also include hard money lending, buyer and seller representation, and more.💲

Contact them today via their online form or call 770-410-1555 to discuss your real estate legal needs. https://bit.ly/3XH8rSJ

Big thanks to Cecilia Crutchfield and Cadence Bank for another smooth and successful commercial closing! 🎉🚀 Your support is truly appreciated!

Launching a new business is an exciting step for a Georgia entrepreneur. If you have dreamed of owning and operating your own company, you know there is much more involved than simply creating a social media profile or locating a physical location from which you can run your operations. There are both financial and legal considerations to take into account at the earliest stages of starting a business, and these choices have the ability to impact your company long-term.

Read about different types of business structures now: https://bit.ly/3Fd7XgB

This is one of the frequent questions we get asked. Depending on the nature of the business entity, a business may need several types of insurance to guarantee coverage in the event of a claim. A business may need contents insurance to cover inventory and supplies. Second, general liability insurance may be necessary to cover accidents that occur on the property. Business owners may also want to obtain coverage on motor vehicles used for business purposes. Besides insurance for the business itself, a business owner may want to obtain insurance for the business’s products and actions.

We proudly launched our first-ever backpack service project at Briskin, Cross & Sanford, LLC, to mark the start of the new school year! 🎒 In collaboration with Fulton County Child Services and under the leadership of our Legal Coordinator Jenna Loewen, our dedicated team of attorneys and staff assembled backpacks filled with essential supplies and coloring sheets for students and families in Fulton County. ✏️ We are pleased to have contributed all items for this initiative, reflecting our firm’s commitment to supporting our community!

In today's technological landscape, many businesses rely heavily on online operations and data storage, presenting both opportunities and risks. Cybercrime remains a significant threat, making it essential for Georgia businesses to enhance their cybersecurity measures proactively. 💻

Steps to bolster cybersecurity include developing risk response strategies to detect and counter potential threats effectively. Providing comprehensive cybersecurity training to employees is crucial in raising awareness and reducing vulnerabilities. Restricting access to sensitive data strictly to necessary personnel helps minimize exposure to breaches. When collaborating with third parties like vendors, ensuring they adhere to robust cybersecurity standards is vital before engaging in partnerships.

Cybercrime can severely impact business operations, ranging from data breaches to intellectual property theft. Businesses in Georgia concerned about cybersecurity or experiencing breaches should seek legal counsel. An attorney can provide guidance on safeguarding sensitive information, navigating legal complexities, and devising strategies to protect the company's future.

At Briskin, Cross & Sanford, LLC, we specialize in helping businesses navigate complex legal challenges, including cybersecurity concerns. Whether you're looking to strengthen your company's defenses against cyber threats or need guidance following a breach, our experienced attorneys are here to assist you.

At a time when many companies are downsizing, your customers remain your most valuable asset. Therefore, like many employers, you want some assurance that an employee will not someday use their specialized skills and training for their own personal benefit or the benefit of a competitor to your financial detriment. This objective can be accomplished by requiring an employee as a condition of employment to sign an agreement containing a restrictive covenant.

There are several types of restrictive covenants. Read here to see the types: https://bit.ly/3SITdZT

Businesses aim to prevent disputes, but when they arise, knowing how to handle them is crucial. Trade secret disputes can be particularly challenging. Here's how to establish your case and protect your valuable information:

-Establishing Your Case:
Confirm that your information qualifies as a trade secret.Prove that the other party intentionally took, used, or disclosed your trade secret.

-Protection Through Legal Action:
File a lawsuit for theft or misuse of trade secrets.Pursue damages for related business losses.

-Considering Negotiation:
Explore dispute resolution through negotiation. Keep the matter private and avoid public disclosure.

As a business owner, safeguarding your business from potential complications and financial loss is paramount. Proactively addressing issues, such as those involving employees, through robust employment contracts is crucial. Key components include non-compete and non-solicitation clauses, which clarify expectations and responsibilities clearly.

A non-solicitation clause prohibits employees from recruiting your staff or clients to another business after leaving yours. Specific terms, such as geographic scope and duration, ensure enforceability in disputes. These clauses complement non-disclosure, non-disparagement, and non-compete agreements, collectively protecting your business interests comprehensively.

Tailoring these agreements to your business's needs is essential. Professional guidance can ensure your contracts are fair, enforceable, and provide the necessary legal protection. Failing to implement these safeguards can leave your company vulnerable to legal challenges and financial repercussions. https://bit.ly/39tOOcM

While every business is different, there are certain things that all company owners and managers can do that will allow them to protect the interests of their operations. One of these things is drafting contracts for their employees. Employment contracts are legally binding agreements that outline the rights and responsibilities of both parties in the relationship.

Regardless of the role of the individual Georgia employee, a contract allows you to reduce the chance of complications with the people who work for you. This is an important part of protecting the interests of your company, lowering the chance of litigation and making your business a place where qualified employees will want to work. These contracts can be custom-tailored to the needs of your business operations and even the specific role of the individual employee.

Read more here about why the details matter: https://bit.ly/3QayM8Q

Choosing the right business structure is paramount, impacting tax obligations, operations, and your future as a Georgia business owner.
Familiarize yourself with the available business entities and their potential advantages. Options include:

-Partnership: If you're collaborating with others, a partnership allows shared responsibilities, profits, and debts.

-Sole Proprietorship: Ideal for sole owners, this structure means you're personally responsible for all debts and profits.

-Limited Liability Company (LLC): An LLC provides a way to protect personal finances from business-related liabilities and offers tax advantages.

Seek guidance to assess the factors influencing your decision, ensuring a strong foundation for your company's prosperous future: https://bit.ly/3sJiNa4

When a contract between companies is breached in Georgia, understanding the steps to address it is crucial. ⚠️ Begin by identifying the violation and documenting the details. Consider sending a demand letter outlining the breach and seeking resolution. Mediation can often resolve disputes efficiently, but litigation may be necessary if other methods fail. Business owners should prioritize protecting their interests and may benefit from legal guidance to navigate complex contract disputes effectively. An attorney can offer insights, evaluate options, and advocate for the best resolution aligned with your company's needs.

At Briskin, Cross & Sanford, LLC, we specialize in resolving contract disputes effectively. If your business is facing a breach of contract, visit our blog for steps to take and how we can assist: https://bit.ly/3W49A7h

Our firm’s experienced business litigation attorneys have litigated many copyright and trademark infringement cases, as well as restrictive covenant and trade secret actions. Briskin, Cross & Sanford, LLC, also defends companies against allegations of infringement and in challenges to employee agreements. While many trade secret litigation cases settle out of court to our clients’ satisfaction, we have also had success before judges and juries.

Of course, we cannot make any representation or guaranty of success in your matter, as all matters are different. For proactive protection of your innovations and trade secrets, or for strong litigation in infringement disputes, contact the Alpharetta intellectual property lawyers of Briskin, Cross & Sanford, LLC. Call 770-410-1555.

Marking an exceptional closing with heartfelt thanks to broker Byron Weston and the remarkable craftsmanship of Relief Home Solutions! 🏡🎉

Mergers and acquisitions are highly complex business transactions that require legal acumen, diligence and foresight to complete in a timely fashion. At Briskin, Cross & Sanford, LLC, our transactional attorneys know how to streamline these intricate processes, leveraging decades of experience to protect our clients’ best interests every step of the way.

Whether you have already extended an offer to another entity or are contemplating this action, you can rely on our lawyers to give you the information you need to make sound decisions. Since 1995, our Alpharetta-based firm has helped large corporations and medium-sized businesses realize their goals.

Talk to our attorneys today: 770-410-1555

Considering a business partnership in Georgia? 💼 Exploring a buy/sell agreement could be crucial. These agreements outline terms for potential buyouts triggered by events like a partner's departure or passing. Benefits include tax advantages and asset protection, especially during divorces. Crafting a comprehensive buy/sell agreement is vital for safeguarding business interests. Unsure where to start? Consult with an attorney to ensure all critical topics are covered, aligning the agreement with your business needs and protecting your future. https://bit.ly/3XDlPtL

Our firm went all out with an incredible treat for us all: attending the Conmebol Copa America at Mercedes-Benz Stadium! ⚽ We had prime seats with a perfect view of the action. For many of us, it was our first soccer game, and the atmosphere was electric. Kyle and Yoko, our die-hard soccer fans, rocked their US Men's National Soccer Team jerseys. Panama may have won, but the experience was unforgettable!

Employers often rely on independent contractors for essential tasks, offering freelancers flexibility and varied work opportunities. However, defining who qualifies as an independent contractor carries significant implications, primarily in taxation.

Independent contractors work for businesses, completing specific tasks as needed. For instance, a writer in a marketing company may undertake projects as they arise, without a guaranteed workload.

The Internal Revenue Service (IRS) distinguishes independent contractors by the employer's control over outcomes and the contractor's autonomy in completing tasks. Ultimately, the IRS determines a worker's status, considering factors such as control over work methods.

Understanding the nuances of independent contractor status is crucial for both employers and contractors. Compliance with IRS guidelines ensures proper classification and compliance with tax regulations. Consulting with tax professionals or legal experts can provide clarity on this matter. 📝💼

Celebrating another successful commercial closing with Cecilia Crutchfield and Cadence Bank. Proud to deliver excellence in legal services and client satisfaction! 🏢🤝

Advancements in internet technology have streamlined data management, yet also heightened security risks. While most business owners acknowledge the financial toll of data breaches, the true extent of these costs may surprise many in Georgia.

Recent reports by IBM indicate a slight decline in overall breach costs, with the average cost per breached record at $146. However, breaches involving customer data incur higher expenses, averaging $150 per record. Malicious attacks exacerbate costs, elevating the rate to $175 per record—concerning given their prevalence.

Loss of customer trust compounds financial losses, making data breach mitigation imperative. Businesses with established incident response protocols fare better post-breach, underscoring the importance of preparedness.

In Georgia, data breach incidents can lead to litigation. Engaging a knowledgeable attorney versed in internet law can aid businesses in navigating this complex terrain, facilitating recovery and continued customer service. 🌐💼