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A Balancing Act: The Evolving Limits of Personal Jurisdiction
July 29th, 2022
A court’s ability to hear a lawsuit is governed by a legal principle called “personal jurisdiction.” For a court to summon a business to a particular court, it must establish personal jurisdiction over that business. In other words, personal ju…
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Categories: Management & Operations
Calling it Even: When Is It Okay to Use Setoffs?
November 18th, 2021
When your debt to someone is reduced by an amount that you are owed, it is called a “setoff.” Among friendly parties, setoffs are commonplace and useful. In business, setoffs can create efficiencies and preserve relationships by avoiding disputes…
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Categories: Contracts & Agreements
Settlement Offers and the Importance of Following Directions
October 18th, 2021
The other party has offered to settle. In some cases, you may know right away that you want to accept. Even if an offer looks great on the surface, there may still be ambiguities or unresolved questions that need to be addressed before you’re ready…
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Categories: Litigation
Venue with a Musical Twist: The Importance of a Forum Selection Clause
September 18th, 2021
Where a case is litigated is crucial to its outcome. Litigating in a foreign state can burden parties with additional costs, travel, and time. This is especially true for transportation and logistics companies pursuing collection of freight charges f…
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Categories: Litigation
Thornton v. Uber: Failure to Agree to Website Terms and Conditions Makes Arbitration Clause Voidable
August 18th, 2021
Transportation and freight companies should use caution when determining how to administer terms and conditions. Consumer use of online websites and mobile applications is on the rise and has significantly changed how businesses conduct transactions.…
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Categories: Litigation
“New Value” Defense Helps Creditors Facing Bankruptcy Preference Claims
July 18th, 2021
A customer declaring bankruptcy can have serious implications for transportation and logistics companies. Before 2018, a bankruptcy trustee could routinely “claw-back” payments made by a customer within 90 days of the customer’s bankruptcy fili…
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Categories: Litigation
Georgia Court Provides Guidance on Reasonableness of Restrictive Covenants
June 18th, 2021
Restrictive covenants are an attractive and useful tool that allow people to protect their business interests. But prior to 2011, Georgia restrictive covenant law was vague and unclear. Georgia citizens were left unsure whether a court would enforce…
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Categories: Small Commercial Business
Criteria for Defendants to Recover Attorney Fees in Georgia Litigation After SRM Grp., Inc. (2020)
September 23rd, 2020
Criteria for Defendants to Recover Attorney Fees in Georgia Litigation After SRM Grp., Inc. (2020) A common question most people have is how to recover fees resulting from a lawsuit. An award of attorney fees and expenses of litigation is not general…
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Categories: Litigation
Protection From Liability Under the Georgia COVID-19 Pandemic Business Safety Act
August 17th, 2020
Contributor: Emma Schott, Law Clerk On August 5, 2020, Georgia Governor Kemp signed into effect the Georgia COVID-19 Pandemic Business Safety Act. With adoption of the new law, the State of Georgia joined other states, including Kansas, Louisiana, Mi…
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Changes to Georgia Law on Opening Default in Litigation
August 4th, 2020
If you are served with a lawsuit and fail to answer within 45 days, a recent Supreme Court of Georgia case makes it easier to file a late answer. So, rather than facing automatic judgment by default, you may still have your day in court. The followin…
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Categories: Litigation