Briskin, Cross & Sanford, LLCBriskin, Cross & Sanford, LLC2026-06-02T09:31:41Zhttps://www.briskinlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204389/2020/02/cropped-BCS-siteicon-32x32.jpgOn Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Defending your business against lawsuits]]>https://www.briskinlaw.com/?p=515022026-05-27T14:24:07Z2026-05-27T14:07:14ZEvery business is at risk of being sued at some point, even if the employees are always handling things in the proper manner. One of the most important things a business owner can do is to take a proactive approach to protecting their company. In many cases, the best defense against a lawsuit is a good offense.
Businesses in Georgia should ensure that they have clear policies, accurate records, suitable insurance and ironclad contracts. These all help to reduce the risk to the business if a claim against it occurs.
Building risk prevention into daily operations
Many disputes stem from unclear expectations, which is why having solid contracts is important. These contracts can define services, cancellation rights, warranties, payment terms and delivery dates. Essentially, anything that’s important to the project or either party should be included. By having these terms in writing, there’s less of a chance that either party will forget what was agreed upon. Employment practices are another area where risk prevention is critical. Written handbooks that include disciplinary plans and clearly documented policies can help to stave off some employment lawsuits. Accurate wage records and complete employee performance records are also important. If an employee makes complaints about any legal violations, such as harassment or workplace hazards, the complaint, investigation and remedy should be clearly documented. Businesses that have customers, clients or anyone else on-site should ensure they have proper safety records. Removing hazards is crucial. Keeping records of inspections, maintenance and employee training is often helpful. Additionally, complete records of incident reports are often necessary if an injury occurs on the property.
Maintaining financial protection
Businesses can protect themselves from financial devastation by ensuring they’re properly insured. Not all business insurance is the same, so it’s likely that one company will need multiple policies. These may include general liability, professional liability, workers’ compensation, commercial property, business interruption and product liability insurance policies. Keeping up with current laws and regulations is also important. Recent reforms in Georgia’s tort laws help to protect businesses from excessive lawsuits, but the businesses still have to ensure they’re handling things properly on their end. It’s not always possible to prevent lawsuits, which is why being prepared for them is one of the most important things a business owner can do to protect the company. Because these matters are often complex, businesses should have someone on their side who can assist with potential lawsuits.
]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Why LegalZoom is not a substitute for a Georgia business attorney]]>https://www.briskinlaw.com/?p=514992026-05-08T15:12:17Z2026-05-08T15:12:17ZOnline legal platforms have become a popular resource for entrepreneurs and individuals looking to handle legal tasks quickly and affordably. Services like LegalZoom advertise convenient solutions for business formation, estate planning and intellectual property filings. They reportedly assist with a significant share of new business formations in the United States, and for basic paperwork, they can seem like an easy option. But convenience is not the same as comprehensive legal protection.
When it comes to business formation, these platforms typically generate standard documents for LLCs, S corporations, and nonprofits. What they do not provide is tailored legal advice. Choosing the right entity in Georgia is a complex endeavor, as considerations including tax treatment, liability exposure, ownership structure and long-term goals must be accounted for. A generic form cannot evaluate those variables. Without proper guidance, business owners may select an entity that creates avoidable tax burdens or fails to protect personal assets.The same limitations apply to estate planning. Online tools can produce basic wills, trusts and powers of attorney, but they rely entirely on user input. They cannot identify issues such as blended family dynamics, special needs planning or Georgia-specific probate concerns. Small mistakes or vague language in these documents can lead to disputes, delays or unintended distributions later.Intellectual property filings present similar risks. While online services may help submit trademark or copyright applications, they do not conduct the same level of legal analysis as an attorney. A trademark that appears available may conflict with an existing mark, exposing a business to rejection or future legal challenges. Filing incorrectly can result in lost time, money and protection.
Seeking out personalized legal guidance from a qualified professional
Legal issues rarely end with the creation of a single document. Businesses often regularly need to manage contracts, employment matters, compliance obligations and potential disputes. An online platform does not build a relationship with you, nor can it provide strategic advice as your company’s situation evolves. A Georgia business attorney, by contrast, can anticipate risks, draft customized agreements and respond quickly when issues arise.Additionally, when you work with an attorney, you receive guidance that is backed by professional responsibility standards. Online platforms typically include disclaimers stating they are not providing legal advice, leaving users to navigate complex decisions – and a great deal of legal risk – on their own.For many people, online tools may feel like a cost-saving shortcut. In reality, they can create gaps that turn into expensive problems later. Speaking with a Georgia business attorney can better ensure that your decisions are informed, your documents are customized and your business is built on a stronger legal foundation.]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[What to know before opening a franchise in Georgia]]>https://www.briskinlaw.com/?p=514642026-01-05T16:47:51Z2026-01-05T16:47:51ZWeighing the pros and cons
It can be difficult for people to evaluate a franchise opportunity objectively. Their enthusiasm about the brand and the marketing statements made by the franchisor can lead to speculative investments instead of proper due diligence.
The benefits of franchising include tapping into an existing consumer base and access to resources provided by the franchisor, such as marketing contributions and training. The drawbacks include the costs associated with franchise agreements, the loss of control to the franchisor and the possible need to sign restrictive covenants. People considering franchise opportunities may need to review documents thoroughly before making any decisions.
What is a franchise disclosure document?
A Franchise Disclosure Document (FDD) is a thorough legal document required from companies offering franchise opportunities in the United States. An FDD generally needs to include information about the costs, as well as to disclose information about affiliated businesses and the history of executives helping operate the franchise entity.
Franchisors must disclose any pending litigation and prior lawsuits, as well as information about company bankruptcy proceedings. The FDD should contain full disclosures regarding initial fees and any other costs, as well as the estimated initial investment and restrictions on how the franchisee operates. An FDD should include three years of financial statements from the franchisor, details about franchise renewal and any restrictions imposed on franchisees.
Franchise agreements are complex
Between the thorough FDD and the other paperwork required when initiating a franchise business arrangement, people can easily end up confused. Making sense of the terms of a franchise agreement and the associated FDD may require the review and guidance of an attorney familiar with this complicated area of business law. Franchisees who have no prior experience are at a particular disadvantage when attempting to parse the dense language included in franchise disclosure paperwork and contracts.
Securing the right guidance can make all the difference for hopeful franchisees who want to start a turnkey business without overextending themselves financially. The insight of an attorney familiar with complex franchise agreements can help people protect their investment capital and start a new business arrangement with the right legal protections in place.]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Why your company needs an employee handbook]]>https://www.briskinlaw.com/?p=514312025-11-25T21:18:08Z2025-11-25T21:18:08ZIt defines the rules before problems arise
A handbook gives your team one place to see what’s expected and what’s off-limits, so small issues don’t grow into bigger ones. You avoid daily friction by laying out policies around PTO, schedules, remote work, dress code and conduct, which means no one can claim they didn’t know the rules. When everyone follows the same structure, you waste less time repeating the basics and stay focused on the work.
It protects you when legal issues come up
When a serious issue happens, such as a complaint, termination or discrimination claim, you need to show that your decisions followed a fair, documented process. A handbook helps you do that by spelling out company rules, how you apply them and how they line up with federal and state labor laws. That written record gives you a defense when someone tries to challenge how you handled a situation.
It keeps your company culture steady as you grow
Your culture only holds up if your team shares the same understanding of how your workplace operates. A handbook makes sure new hires know what matters from the start, including how people communicate, how problems get solved and what kind of behavior reflects your values. The more your team grows, the more you will need that structure to avoid missteps and stay consistent.
Put structure in writing before issues happen
A handbook keeps your expectations clear, your team aligned and your business legally covered when things go sideways. If you’re unsure where to begin or what to include, an employment attorney can help you create one that fits your company. Starting now saves you trouble later.]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Why you need a lawyer to start a business in Georgia]]>https://www.briskinlaw.com/?p=514102025-09-03T12:51:13Z2025-09-03T12:51:13ZChoosing the right business structure
One of the first and most critical decisions you will make is choosing your business’s legal structure. Options such as a sole proprietorship, partnership, limited liability company (LLC), or corporation each have different implications for liability, taxation and management.
A lawyer can provide strategic advice, explaining the pros and cons of each entity type and helping you select the one that best fits your business goals. This choice protects you from personal liability and impacts everything from how you file taxes to how you secure financing.
Handling filings and drafting key agreements
Once you choose the structure, a lawyer’s support is invaluable in handling the necessary documentation and filings. They can assist with everything from obtaining your Employer Identification Number (EIN) from the IRS to preparing and filing all required formation documents with the state of Georgia.
Beyond the official paperwork, a lawyer will draft essential agreements tailored to your specific needs and requirements. These documents define the rights, responsibilities, and relationships among business owners, preventing future conflict and establishing a structured process for handling disputes.
Here are a few common agreements a lawyer can help you with:
An operating agreement for an LLC
Bylaws and shareholder agreements for a corporation
A partnership agreement that outlines the terms of your business relationship
These agreements are critical for the health and stability of your new business venture.
Ensuring regulatory compliance and strategic planning
The legal support does not stop once your business is formed. A lawyer ensures you obtain all necessary permits and licenses and advises you on ongoing compliance requirements, helping you avoid fines or legal issues.
Furthermore, they provide strategic guidance on crucial aspects, such as financing options, tax strategies and risk management. This guidance helps you position your business for sustainable growth and effectively handle challenges.
Your attorney can also help with important documents related to your business, including:
Employee agreements and contracts
Leases for office or retail space
Applications for any required licenses
This guidance enables you to position your business for sustainable growth. From the foundational decisions to ongoing compliance and strategic development, a skilled business organization lawyer is a vital partner who can help ensure your business is built right from the start.]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[What commercial property owners need to know about foreclosure]]>https://www.briskinlaw.com/?p=514112025-07-25T14:30:33Z2025-07-25T14:30:33ZUnderstanding non-judicial foreclosure
In Georgia, most commercial foreclosures follow a non-judicial process. This means the lender does not go to court to take back the property. Instead, the lender follows steps set out in the loan documents and state law.
After proper notice, the lender can sell the property at a public auction. This process moves quickly, often within a few weeks after default.
Common causes of commercial foreclosure
Several factors can lead to commercial property foreclosure:
Falling behind on mortgage payments
Declining rental income or business profits
Failure to pay property taxes or insurance
Breach of loan terms
Personal or business bankruptcy
Economic shifts or tenant problems often impact a property's income stream. Property owners must identify these issues early to explore solutions.
Legal protections and obligations
Georgia law gives both lenders and borrowers specific rights during foreclosure. Property owners must receive a written notice of default and sale. Lenders must advertise the sale for at least four weeks in the county newspaper.
You have the right to pay off the debt and stop the foreclosure until the sale date. After the sale, you lose ownership and could face a deficiency judgment if the sale does not cover the loan balance.
Loan modification: Change the original terms of your loan, such as the interest rate or payment schedule.
Forbearance agreement: Temporarily reduce or suspend your payments.
Deed in lieu of foreclosure: Voluntarily transfer ownership of the property to the lender to satisfy the debt.
Short sale: Sell the property for less than the amount owed on the mortgage, with lender approval.
These alternatives can help you maintain control over your property and financial future. An experienced attorney can protect your rights and guide you to the most effective approach to keep your property or limit losses.]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Avoiding wrongful termination claims while downsizing]]>https://www.briskinlaw.com/?p=509132025-06-01T15:39:42Z2025-06-01T15:39:42ZHow can businesses protect themselves?
Employers technically have the right to fire workers for any lawful reason, including a need to better control company costs. However, they cannot consider the protected characteristics of employees when deciding who to fire.
If employees notice a trend because many of the people who lose their jobs share the same characteristics, they may start to suspect that the termination was wrongful. For example, if the people laid off from different departments tend to be older than most of the other workers in those departments, the terminated workers might be able to assert that they experienced age discrimination.
Leaders at organizations may need to establish clear and objective standards that guide the staff reduction process. They should document how they selected individuals for termination based on job performance, seniority and other appropriate factors.
After creating a list of workers to potentially include in the layoffs, multiple parties may need to perform a review of that list. It may be possible to identify signs of a trend that could lead to allegations of discrimination. The company could then make adjustments to prevent downsizing from having a disproportionate impact on certain categories of employees.
Employers intending to make sweeping changes to their current employee rosters may need help avoiding legal controversy during that process, and that is okay. Recognizing that employment litigation could follow mass terminations can help business leaders limit the likelihood of costly and reputation-damaging litigation.]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Who owns employee-created business intellectual property?]]>https://www.briskinlaw.com/?p=509122025-05-26T03:27:59Z2025-05-26T03:27:59ZDefault ownership rules
Intellectual property created by an employee as part of their job or using company resources generally belongs to the employer. Whether the work involves inventions, creative assets or proprietary processes, courts typically consider factors like these amid disputes:
The employee’s role
The intended purpose of the creation
The extent to which company time, tools and funding were used
Strong employment agreements and company policies can help businesses reinforce this ownership structure. They can help keep the control over IP developed in the workplace with the company.
Employment contracts and IP clauses
Many companies mitigate ownership disputes by including IP assignment clauses in employment contracts. They explicitly state that any intellectual property developed during employment belongs to the company.
For the ideal level of protection, these clauses should be clear, enforceable and compliant with state laws.
Trending: AI-generated content
A growing debate involves the ownership of and ability to protect AI-assisted creations. Courts are beginning to address how IP laws apply to AI-generated works, making this an evolving area of business law. Some companies use clauses in employment contracts to clarify ownership, particularly as AI tools are often used to create business materials.
As IP continues benefiting commercial enterprises, company owners need stringent protections. An ideal approach is having employment contracts regularly reviewed and updated to align with the latest business IP trends.]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Business owners need to address “work made for hire” in contracts]]>https://www.briskinlaw.com/?p=509112025-05-10T15:02:07Z2025-05-10T15:02:07ZEmployers typically have the right to patent, trademark or copyright anything created by their employees during the course of their work. This is often known as the “shop right” doctrine. The employees responsible for creating products or designs or coming up with new ideas are hired to do so. However, they can’t legally use or profit from them without their employer’s explicit permission, and employers aren’t obligated to give them a share of their profits from the idea or invention. They’re paid a regular salary or hourly wages instead.The shop right doctrine is a pretty basic intellectual property (IP) concept. However, it’s still smart to codify it in your employment agreements.
What about work created by independent contractors?
It’s especially important to detail your IP rights when you hire an independent contractor, since by definition, they aren’t employees. The work they do for you is considered “work made for hire,” so it’s wise to have a clause in your independent contractors’ contracts addressing your IP rights to this workWhere employers (especially small business owners) can run into trouble is with more casual work relationships. Say you pay your fledgling songwriter nephew to come up with a jingle for your local television commercials. Maybe you hire an employee’s son or daughter to develop a new logo for your business or take photos for your website.Without a contract in place with a “work for hire” clause, these creators could potentially sell or use that work any way they choose. This could “dilute” the work so that it’s no longer unique, and you could lose the association that you hoped customers would make with your business. It could be a messy and expensive situation – whether you end up in court or not.This is one reason why it’s wise to have some kind of written contract in place with anyone who does work for your business. This will help clarify expectations and responsibilities for both sides. As with any contract, it’s smart to have legal guidance to craft the agreement. This will lessen the chances that you’ll have to end up in court trying to protect your IP rights.
]]>On Behalf of Briskin, Cross & Sanford, LLC<![CDATA[Does Georgia’s INFORM Act affect you?]]>https://www.briskinlaw.com/?p=509102025-05-01T13:25:17Z2025-05-01T13:25:17ZIf you sell products online, Georgia’s version of the INFORM Consumers Act may apply to you. This law targets online fraud and fake goods by requiring sellers to verify their identities on e-commerce platforms.
You need to know if your business is subject to these rules and what you may need to do to stay compliant.
Who counts as a “high-volume” seller?
You count as a “high-volume” third-party seller if you make 200 or more sales totaling $5,000 or more in a 12-month period on a single online platform. This includes sellers on sites like Amazon, Etsy, and eBay. Even if you’re a small operation, you might hit those numbers faster than you think.Once you cross that line, the law requires you to verify your identity with the platform. You’ll need to provide a government-issued ID, business tax ID, and bank account information. Some of this info may also appear on your listings.
Why are platforms enforcing these rules?
Online marketplaces now must collect and verify seller details. If you don’t provide them, the platform can suspend or remove your listings. Platforms also need to let buyers report suspicious activity. That means your business info could become more visible to consumers.Platforms must update this information regularly. If you change addresses or tax details, you’ll need to update your account. Failing to do so could disrupt your ability to sell.
How does this apply in Georgia?
Georgia businesses must comply with the federal INFORM Act, but state regulators may also investigate sellers for unfair business practices. Doctors, artists, consultants, or anyone selling online courses or physical products should review whether they qualify as high-volume sellers. Failing to comply with these rules could result in penalties or lost revenue.
What can you do now?
Take a few minutes to review your seller statistics, and if you meet the threshold, ensure your information is up to date. This law aims to protect consumers, but it also protects you from being mistaken for a fake seller.]]>