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Atlanta Business Litigation Lawyer Blog

Georgia joins other states in settling foreclosure dispute

  • 10
  • February
    2012

Georgia will receive $814 million as part of a deal in which the Georgia Attorney General along with those from a majority of other states agreed not to pursue civil actions related to alleged improper handling of documents in some foreclosure proceedings.

In addition to the monetary payments the financial institutions agreed to expedite short sales for properties that are distressed, take additional steps to avoid foreclosures by seeking an alternative recovery of the debt, and increasing the availability of refinancing at lower rates. Mortgages owned by Fannie May and Freddie Mac are not included as part of this settlement.

Business owner to appeal denial of liquor license

  • 08
  • February
    2012

It can be difficult enough in Atlanta to satisfy all of the objective requirements to obtain a liquor license from the License Review Board. But apparently even when the business owner is able to satisfy all of these objective requirements there may still be additional hurdles that are much more prone to a subjective influence.

In the case of one Atlanta sports bar, the denial of a liquor license was based on a little used provision that allows a denial when there is an assertion that "granting the license would be against the public convenience and advantage." The business owner is now preparing to challenge the denial in court.

Wal-Mart faces discrimination lawsuits

  • 03
  • February
    2012

You may remember the recent U.S. Supreme Court decision in which the court determined that the claims made by a group of Wal-Mart employees did not qualify for a class-action certification. The claims by the employees related to allegations of discrimination in the company's decisions regarding pay and promotions.

Now, more than 500 of these employees, including some from Georgia, have filed individual sex-discrimination claims with the U.S. Equal Employment Opportunities Commission.

Credit Union faces lawsuit over failed real estate deal

  • 02
  • February
    2012

A Georgia judge has ruled that Delta Community Credit Union improperly blocked a real-estate developer from loan funds that he had intended to use by property for a development project.

The CEO for Delta said that they were particularly upset about the size of the $75 million award, "We think it's unwarranted and contrary to the facts or applicable law. We will file an appeal and believe we have a strong legal basis for doing so." He went on to say that even if the award is upheld, the credit union is well capitalized and able to cover the cost.

Franchisees seek greater disclosure from Cold Stone Creamery

  • 28
  • January
    2012

There are a wide variety of options for those that decide they would like to start their own business. Some have a new or improved product or service and are ready to take on the world. For others it makes more sense to hit the ground running by teaming up with an established brand. For many business owners this is best done by investing in a franchise.

A franchise can be great way to have a business that already has a customer base. When it is working well, the franchisee can benefit from the national marketing efforts and other efforts of the franchisor, and the franchisor can benefit from the ownership and management skill of each of the franchisees. Unfortunately not everything always runs as smoothly as it should.

Applicant for Atlanta police force denied due to HIV status

  • 24
  • January
    2012

It is not an easy, nor always rewarding, calling to be a police officer in the city of Atlanta. The hours can often be difficult and the work dangerous and thankless. But still, there are those that choose to accept the sacrifice in the service of our city. But not every applicant that desires to be a police officer is necessarily deemed to be a suitable candidate.

This week, a federal appeals court will hear arguments in an employment discrimination case brought by an applicant who was refused an opportunity despite passing all the tests he was given, all that is with the exception of the blood test. The applicant was denied a position on the police force because he is HIV positive.

U.S. Supreme Court rules on collections practices case

  • 20
  • January
    2012

As any creditor or collections professional is certainly aware, collecting from can be a difficult process. It seems as though policy makers, public opinion and the news media are always on the side of the person who defaults on a payment rather than the party who actually suffers the loss when the owed money is not paid.

This week the U.S. Supreme Court sent a case base to the federal Circuit Court of Appeals after ruling that a person can bring a suit in federal court against a debt collector for alleged violations of the Telephone Consumer Protection Act. The debt collector had been attempting to recover a debt that the consumer had taken out for a student loan.

Atlanta payment processor in litigation with merchants

  • 18
  • January
    2012

Across the United States, more than eight million merchants are able to accept via Mastercard and Visa. This payment method is vital for many businesses and is made possible by a system of banks and payment processors, such as the Atlanta based payment processing company that now finds itself engaged in litigation with one of these merchants who benefit from this service.

The security of consumers' accounts and credit card information is, of course, one of the top priorities of the banks and payment processing companies. In order to maintain this security these companies investigate potentially fraudulent transactions, and require that merchants abide by certain data retention practices to keep customer information safe. This appears to be at the heart of this dispute.

Small business sued by design firm

  • 13
  • January
    2012

It is difficult enough to keep a small business afloat in these tough economic times, even when all you have to worry about is selling enough products and services to cover your costs. But when a commercial dispute ends up in court, the business may be at risk of being liable for extensive monetary damages. When facing this type of situation it is important to work with a law firm that not only understands the law but also understands your business.

A Georgia contractor, who also owns a small flea market testified at a trial recently in which the Louis Vuitton company is seeking millions of dollars in damages against flea market owner for allegedly allowing trademark infringement to occur at the market. The $55 million dollar claim is on stark contrast to the $20,000 that the Georgia man claimed his flea market made in a recent year.

Intra-company legal disputes

  • 12
  • January
    2012

Commercial and business lawsuits often involve disputes between two separate businesses. Alleged business torts or breaches of contracts can pit one company against another in court. But it is also not uncommon for a dispute to arise within a single company. It seems that whenever there is more than a single person who has a financial interest in a company, there is a distinct possibility of a disagreement within the company.

An Atlanta man was recently granted a temporary restraining order against his business partner in order to stop an emergency meeting of the holding company's board. The underlying lawsuit in this matter involves allegations by the Atlanta partner that his business partner had misused funds their business had borrowed to renovate a boutique hotel.

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