discussed personal injury law and
had some great takeaways. One such
takeaway is that intake is critical in
car accident cases. Another one is
that witnesses tend to disappear or
forget information quickly, so it is
important to speak to them early.
Next, a panel consisting of Jed Sil-
ver of the Silver Law Firm, LLC,
Marvin Solomiany of Kessler &
Solomiany, and Gillian O’Nan of
Elovitz O’Nan answered questions
from attorneys about family law.
Among many great tidbits, they
advised attorneys to counsel clients
to tune out noise that arises in the
beginning of divorce proceedings.
Many people know someone who
has gone through divorce or knows
someone who has, and everyone
likes to give their input, even if it
wrong.
Seth Eisenberg, the Eisenberg Firm,
reiterated the necessity of comply-
ing with the ante litem notice. There
is a 12-month notice requirement
for the state and counties, and there
is a six-month notice requirement
for cities. He explained three com-
mon pitfalls of ante litem notices
are untimely notice, insufficient
detail, and wrong recipient. Ante
litem notices are not a “one form
fits all sizes” kind of form.
Kim Hoipkemier of Hoffman &
Associates reviewed the basics of
estate planning. She conveyed that
most parents believe that 18 is a
little young for a child to inherit
a parent’s wealth, so building in a
trust for children is something key
to discuss with clients. Retirement
accounts being paid to the estate is
bad for income tax purposes be-
cause it triggers a five-year pay-
out period. Instead of naming the
estate, Ms. Hoipkemier suggested
clients name a sibling or someone
younger on a retirement account.
Kevin Young of Seyfarth Shaw,
Raanon Gal of Taylor English
Duma LLP, and Jeff Sand of the
Weiner Law Firm LLC hosted a
panel discussion on employment
law. They reminded attorneys that
Georgia is an at-will state, which
means employers can usually fire
an employee for almost any rea-
son. However, federal law creates
some exceptions. Another perti-
nent piece of information is that
an employer is more likely to be
sued in federal court for a wage and
hour claim than any other type of
employment law claim. When it
comes to arbitration agreements,
class action waivers are enforceable
in the employment law context; yet,
carrying out those waivers can be
potentially expensive if all plaintiffs
initiate arbitration.
Benjamin Gerber from Gerber &
Holder and Tracee Benzo from
Benzo Law LLC addressed work-
ers’ compensation in Georgia. They
echoed that workers’ compensation
is the only remedy for injury on the
job in Georgia and that employees
cannot recover under tort law. If
the person injured was intoxicated
or involved in horseplay, then they
may be barred from recovery. In
addition, an injured party must
show physical treatment to recover
any damages for mental injuries or
anguish.
Matt Rosenkoff, Taylor English
Duma LLP, and Steven Richman,
Seyfath Shaw, imparted knowledge
about business law. They conveyed
the importance of adding provi-
sions about what happens during
divorce to an Operating Agreement.
Moreover, if the words “capital in-
terest” or “profits interest” arise in
discussions with a client, it is good
to seek guidance from someone
who knows about those areas if they
are not your area of expertise.
Lastly, Bill Meyer from Rubicon
Global touched on what in-house
counsel wants from outside counsel.
He expressed that one thing they
want is for counsel to offer a few
suggested solutions. Even if it is not
the most perfect or best solution,
offering some solution at least gives
in-house counsel a starting place.
He said that the same advice ap-
plies to in-house counsel dealing
with higher-ups in the company.
The person is often coming to in-
house counsel because they need
a solution, not another question.
If you could not make it this year,
you missed out. Luckily, there
should be another one next year.
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER
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