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OUR ATTORNEYS
Our attorneys focus on primary disciplines featuring more than 45 specialized practice areas in 37 of the United States as well as over40 countries.
NEW YORK PASSES NEW WORKPLACE SAFETY REQUIREMENTS On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”) providing new workplace safety requirements on all employers in New York. The HERO Act goes into effect on June 4, 2021. The HERO Act requires the New York State Department of Labor to adopt industry-specific model airborne infectious disease exposure prevention OSHA DIRECTS EMPLOYERS TO FOLLOW CDC MASK GUIDANCE The federal Occupational Safety and Health Agency (“OSHA”) has issued a statement indicating that it is reviewing and revising its Workplace Guidance in light of the CDC announcement last week regarding mask requirements for vaccinated individuals. In additions, OSHA has instructed employers to follow the new CDC Covid-19 recommendations until OSHA can revise its own guidance. VIRGINIA PASSES OVERTIME WAGE ACT On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader than the federal Fair Labor Standards Act (“FLSA”). The VOWA contains provisions significantly different than the FLSA that require immediate attention of Virginian AMERICAN RESCUE PLAN ACT OF 2021 EXPANDS VOLUNTARY With the enactment of the American Rescue Plan Act of 2021 (ARPA), employers with fewer than 500 employees may continue to collect tax credits for voluntarily providing expanded leave originally provided under the Families First Coronavirus Response Act (FFCRA). As we discussed in our previous alert, the FFCRA’s mandatory leave provisions, requiring covered employers to provide Emergency CAN YOU ARBITRATE WHERE YOU WANT TO? Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract. These clauses are very common in the construction industry. Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will SELLING A CORPORATION The 2017 Tax Act creates new opportunities for asset sales, particularly for sellers of businesses that are carried on in corporate form.. Whenever a business owned by a corporation is sold, the parties have to negotiate whether the transaction will be structured as an asset sale or a stock sale.ZICKERT, KATHRYN
Ms. Zickert practices in all aspects of land use and zoning including environmental and land use litigation, condemnation, re-zonings, variances, special or conditional use permits, special exceptions, subdivision approvals and all other permitting, fair housing, developments of regional impact and historic preservation. Ms. Zickert has extensive experience in zoning and land use related law WANDRY – A SIGNIFICANT STEP FORWARD FOR DEFINED VALUE Authored by: Neeli G. Shah On March 26, 2012, the United States Tax Court issued a memorandum opinion in Wandry v. Commissioner, which was an important taxpayer victory in the world of defined value clauses (“DVC”).This article only focuses on certain aspects of the Wandry case. Clients and taxpayers must fully review the entire case or consult at tax professional prior to using DVCs SMITH, GAMBRELL & RUSSELL LAW FIRM Law firm Smith, Gambrell & Russell has offices around the country. Our attorneys focus on primary disciplines featuring 45+ practice areas.OUR ATTORNEYS
Our attorneys focus on primary disciplines featuring more than 45 specialized practice areas in 37 of the United States as well as over40 countries.
NEW YORK PASSES NEW WORKPLACE SAFETY REQUIREMENTS On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”) providing new workplace safety requirements on all employers in New York. The HERO Act goes into effect on June 4, 2021. The HERO Act requires the New York State Department of Labor to adopt industry-specific model airborne infectious disease exposure prevention OSHA DIRECTS EMPLOYERS TO FOLLOW CDC MASK GUIDANCE The federal Occupational Safety and Health Agency (“OSHA”) has issued a statement indicating that it is reviewing and revising its Workplace Guidance in light of the CDC announcement last week regarding mask requirements for vaccinated individuals. In additions, OSHA has instructed employers to follow the new CDC Covid-19 recommendations until OSHA can revise its own guidance. VIRGINIA PASSES OVERTIME WAGE ACT On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader than the federal Fair Labor Standards Act (“FLSA”). The VOWA contains provisions significantly different than the FLSA that require immediate attention of Virginian AMERICAN RESCUE PLAN ACT OF 2021 EXPANDS VOLUNTARY With the enactment of the American Rescue Plan Act of 2021 (ARPA), employers with fewer than 500 employees may continue to collect tax credits for voluntarily providing expanded leave originally provided under the Families First Coronavirus Response Act (FFCRA). As we discussed in our previous alert, the FFCRA’s mandatory leave provisions, requiring covered employers to provide Emergency CAN YOU ARBITRATE WHERE YOU WANT TO? Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract. These clauses are very common in the construction industry. Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will SELLING A CORPORATION The 2017 Tax Act creates new opportunities for asset sales, particularly for sellers of businesses that are carried on in corporate form.. Whenever a business owned by a corporation is sold, the parties have to negotiate whether the transaction will be structured as an asset sale or a stock sale.ZICKERT, KATHRYN
Ms. Zickert practices in all aspects of land use and zoning including environmental and land use litigation, condemnation, re-zonings, variances, special or conditional use permits, special exceptions, subdivision approvals and all other permitting, fair housing, developments of regional impact and historic preservation. Ms. Zickert has extensive experience in zoning and land use related law WANDRY – A SIGNIFICANT STEP FORWARD FOR DEFINED VALUE Authored by: Neeli G. Shah On March 26, 2012, the United States Tax Court issued a memorandum opinion in Wandry v. Commissioner, which was an important taxpayer victory in the world of defined value clauses (“DVC”).This article only focuses on certain aspects of the Wandry case. Clients and taxpayers must fully review the entire case or consult at tax professional prior to using DVCs TAX TRIAL OF THE CENTURY... Tax Trial of the Century Which does not belong: Bad, Thriller, Moonwalk, Tax Court. Actually it is not a fair question because they all have one thing in common, Michael Jackson. The last one being the Estate of Michael J. Jackson v. Commissioner of Internal Revenue. Michael Jackson died in June 2009. The Executors of his Estate filed an estate tax return reporting the value of hisOUR ATTORNEYS
Our attorneys focus on primary disciplines featuring more than 45 specialized practice areas in 37 of the United States as well as over40 countries.
SELLING A CORPORATION The 2017 Tax Act creates new opportunities for asset sales, particularly for sellers of businesses that are carried on in corporate form.. Whenever a business owned by a corporation is sold, the parties have to negotiate whether the transaction will be structured as an asset sale or a stock sale. SGR RECOGNIZED AS A 2021 AM LAW 200 FIRM FOR SEVENTH YEAR ATLANTA (May 18, 2021) – Smith, Gambrell & Russell, LLP (SGR) is pleased to announce that the firm has been recognized by The American Lawyer as a 2021 Am Law 200 firm for the seventh consecutive year. Once again, SGR improved its standing on the list by advancing two spots from 2020, as a result of the firm’s continuing growth. The Am Law 200, a ranking of the 200 highest-grossing law NEW RULES IMPACT COMPANIES WHO USE INTERNS AND Many employers in the U.S. utilize student interns or apprentices to work on a short-term basis. Oftentimes, companies make such internship or apprenticeship opportunities available without offering pay for the provision of services, and indeed, many times students and others new to the workforce have been more than willing to work without pay for the opportunity to gain valuable job ECONOMY OF ENTERTAINMENT WEBINAR SERIES: PART II: ANATOMY Smith, Gambrell & Russell, Miller Kaplan, Hong Kong Association of Atlanta, and Hong Kong Business Association of Nevada will co-host a four-part series on the Economy of Entertainment. Hear industry experts speak on a panel moderated by SGR attorneys and special guests. Economy of Entertainment Webinar Series Part II: Anatomy of a Contract Thursday, June 24, 2021 2:00 to 3:30pm EDT To PROMPT ACTION BY EMPLOYERS REQUIRED FOR COBRA CHANGES IN On March 11, 2021, President Biden signed into law the “American Rescue Plan Act” (“ARPA”) (HR 1319). While ARPA addresses many different areas, employers will need to act promptly with regard to benefits under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). COBRA Subsidy “Assistance eligible individuals” will be eligible to receive a 100 percent subsidy for theirWARTNER, LAURA
Ms. Wartner’s experience includes all aspects of family business and wealth transition planning, estate planning and probate administration, including preparation of wills and trusts and the preparation and filing of federal estate and gift tax returns. She has assisted numerous individuals in developing sophisticated plans designed to accomplish family goals, minimize estate taxes, and THE SPEARIN DOCTRINE: DETERMINING WHO BEARS THE All owners, contractors, and subcontractors should carefully negotiate contract clauses that govern their relationships. In addition, all construction participants should be aware of the many implied obligations in construction contracts. WAS THERE ASBESTOS IN A/C DUCTS OF RESI CONDO? COURT Contracts for the sale of residential property often contain both generic and specific provisions with respect to the purchaser’s right to inspect the premises between the time the contract is signed and the actual closing and transfer of title. But, as a recent case illustrates, the scope of that inspection right may nevertheless be the basis of a dispute. Oren Mor and Hadar Laor (for SMITH, GAMBRELL & RUSSELL LAW FIRM The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up of the Ordot dump. Guam and the U.S. signed a Consent Decree under the Clean Water Act in 2004 requiring the territory toSERVICES - SGR LAW
Services. SGRLAW® To better serve our clients, SGR (SGRLAW®) offers a wide range of services in practice areas representing the major corporate legal disciplines.Experienced lawyers can be drawn from any of our practice groups to provide targeted solutions to the many facets of complex issues, transactions or disputes. AMERICAN RESCUE PLAN ACT OF 2021 EXPANDS VOLUNTARY With the enactment of the American Rescue Plan Act of 2021 (ARPA), employers with fewer than 500 employees may continue to collect tax credits for voluntarily providing expanded leave originally provided under the Families First Coronavirus Response Act (FFCRA). As we discussed in our previous alert, the FFCRA’s mandatory leave provisions, requiring covered employers to provide Emergency VIRGINIA PASSES OVERTIME WAGE ACT On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader than the federal Fair Labor Standards Act (“FLSA”). The VOWA contains provisions significantly different than the FLSA that require immediate attention of Virginian SELLING A CORPORATION The 2017 Tax Act creates new opportunities for asset sales, particularly for sellers of businesses that are carried on in corporate form.. Whenever a business owned by a corporation is sold, the parties have to negotiate whether the transaction will be structured as an asset sale or a stock sale. BUSINESS INTERRUPTION INSURANCE FOR COVID-19 RELATED Business Interruption coverage is generally written on either a “named perils” or, more often, an “all risk” or “open perils” basis. Generally, a named perils policy pays if the damage or loss was caused by a peril named in the policy. Common named perils include fire, theft, vandalism, and wind damage. If a loss occurs dueto an
ROLLINS, ANTHONY
Mr. Rollins is a tax attorney who focuses on representing individuals and businesses in their day to day operations, tax planning and tax controversies. Mr. Rollins is well versed in both the planning and the controversy sides of the tax practice. He has appeared on behalf of his clients before the 2nd, 4th, 6th, 7th and 11th Circuit Courts of Appeal as well as the U.S. Tax Court, several U.SWARTNER, LAURA
Ms. Wartner’s experience includes all aspects of family business and wealth transition planning, estate planning and probate administration, including preparation of wills and trusts and the preparation and filing of federal estate and gift tax returns. She has assisted numerous individuals in developing sophisticated plans designed to accomplish family goals, minimize estate taxes, and WANDRY – A SIGNIFICANT STEP FORWARD FOR DEFINED VALUEDEFINED VALUE CLAUSEDEFINED VALUE CLAUSE WANDRYDEFINED VALUE CLAUSE WANDRY Wandry – A Significant Step Forward for Defined Value Clauses. On March 26, 2012, the United States Tax Court issued a memorandum opinion in Wandry v. Commissioner, which was an important taxpayer victory in the world of defined value clauses (“DVC”). This article only focuses on certain aspects of the Wandry case. DIFFERING SITE CONDITIONS-EXPECTING THE UNEXPECTED An owner typically does not want the contractor to bear all of the risk of differing site conditions because of the owner’s fear that the contractor will inflate its bid or include contingencies in its price to account for the possibility of differing site conditions that may not actually exist. On the other hand, the owner wants to limit its exposure to risk for unknown conditions that SMITH, GAMBRELL & RUSSELL LAW FIRM The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up of the Ordot dump. Guam and the U.S. signed a Consent Decree under the Clean Water Act in 2004 requiring the territory toSERVICES - SGR LAW
Services. SGRLAW® To better serve our clients, SGR (SGRLAW®) offers a wide range of services in practice areas representing the major corporate legal disciplines.Experienced lawyers can be drawn from any of our practice groups to provide targeted solutions to the many facets of complex issues, transactions or disputes. AMERICAN RESCUE PLAN ACT OF 2021 EXPANDS VOLUNTARY With the enactment of the American Rescue Plan Act of 2021 (ARPA), employers with fewer than 500 employees may continue to collect tax credits for voluntarily providing expanded leave originally provided under the Families First Coronavirus Response Act (FFCRA). As we discussed in our previous alert, the FFCRA’s mandatory leave provisions, requiring covered employers to provide Emergency VIRGINIA PASSES OVERTIME WAGE ACT On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader than the federal Fair Labor Standards Act (“FLSA”). The VOWA contains provisions significantly different than the FLSA that require immediate attention of Virginian SELLING A CORPORATION The 2017 Tax Act creates new opportunities for asset sales, particularly for sellers of businesses that are carried on in corporate form.. Whenever a business owned by a corporation is sold, the parties have to negotiate whether the transaction will be structured as an asset sale or a stock sale. BUSINESS INTERRUPTION INSURANCE FOR COVID-19 RELATED Business Interruption coverage is generally written on either a “named perils” or, more often, an “all risk” or “open perils” basis. Generally, a named perils policy pays if the damage or loss was caused by a peril named in the policy. Common named perils include fire, theft, vandalism, and wind damage. If a loss occurs dueto an
ROLLINS, ANTHONY
Mr. Rollins is a tax attorney who focuses on representing individuals and businesses in their day to day operations, tax planning and tax controversies. Mr. Rollins is well versed in both the planning and the controversy sides of the tax practice. He has appeared on behalf of his clients before the 2nd, 4th, 6th, 7th and 11th Circuit Courts of Appeal as well as the U.S. Tax Court, several U.SWARTNER, LAURA
Ms. Wartner’s experience includes all aspects of family business and wealth transition planning, estate planning and probate administration, including preparation of wills and trusts and the preparation and filing of federal estate and gift tax returns. She has assisted numerous individuals in developing sophisticated plans designed to accomplish family goals, minimize estate taxes, and WANDRY – A SIGNIFICANT STEP FORWARD FOR DEFINED VALUEDEFINED VALUE CLAUSEDEFINED VALUE CLAUSE WANDRYDEFINED VALUE CLAUSE WANDRY Wandry – A Significant Step Forward for Defined Value Clauses. On March 26, 2012, the United States Tax Court issued a memorandum opinion in Wandry v. Commissioner, which was an important taxpayer victory in the world of defined value clauses (“DVC”). This article only focuses on certain aspects of the Wandry case. DIFFERING SITE CONDITIONS-EXPECTING THE UNEXPECTED An owner typically does not want the contractor to bear all of the risk of differing site conditions because of the owner’s fear that the contractor will inflate its bid or include contingencies in its price to account for the possibility of differing site conditions that may not actually exist. On the other hand, the owner wants to limit its exposure to risk for unknown conditions thatSERVICES - SGR LAW
Services. SGRLAW® To better serve our clients, SGR (SGRLAW®) offers a wide range of services in practice areas representing the major corporate legal disciplines.Experienced lawyers can be drawn from any of our practice groups to provide targeted solutions to the many facets of complex issues, transactions or disputes.OUR ATTORNEYS
Our attorneys focus on primary disciplines featuring more than 45 specialized practice areas in 37 of the United States as well as over40 countries.
SGR RECOGNIZED BY CONSTRUCTION EXECUTIVE MAGAZINE IN THE ATLANTA (June 7, 2021) – Smith, Gambrell & Russell, LLP (SGR) is pleased to announce that the firm has been recognized by Construction Executive magazine in The Top 50 Construction Law Firms™ for 2021.Construction Executive ranked SGR 42 among the top 50 construction practices in the country. SGR’s Construction Group is known for its depth of knowledge of the AEC industry, ability to DIFFERING SITE CONDITIONS: WHAT ARE THEY AND ARE YOU A “differing site condition” (also known as a “changed condition”), which is abbreviated in this article as a “DSC,” is an unknown and hidden, concealed, or latent physical condition encountered at a site that differs materially from the reasonably anticipated conditions. Physical conditions are CONDOMINIUM BOARDS’ RIGHT TO RESTRICT SALES A recent court decision has generated a considerable amount of confusion among some condominium boards and condominium unit owners regarding the power of condominiums to regulate the sale of units in a manner similar to cooperatives. We hope that this memorandum will help to clarify matters. The decision, Demchick v. 90 East End Avenue Condominium, 18 A.D.3d 383, 796 N.Y.S.2d 62 (1st Dep’t AGREEMENT LABELED “LICENSE”: BUT WAS IT “LEASE”? Court Finds Actual Nature of the Contract Controlled Both a lease and a license create estates in the property. But there is a distinction with a difference. A tenant under a lease (but not a licensee under a license) is protected by General Obligations Law Sections 5-901 and 5-905—which require a landlord to give a tenant between 15 and 30 days prior written notice of the expiration of a BEWARE AMENDING A LEASE WHERE THERE IS AN EXISTING SNDA Most commercial real estate leases are located on property encumbered by a deed of trust. The rental stream from these leases is a major factor in the lender’s valuation of the real property as its security and its underwriting of the loan. The rental stream is also the borrower’s source of funds to make its monthly loan payments to the lender. Before making the loan, the lender will SURVIVING CYBERATTACKS: PREVENTION TIPS & HOW TO MANAGE A Join SGR and The Japan-America Society of Georgia of Georgia for a webinar Thursday, June 23, 2021 3:00 PM to 4:00 PM EST To register, click here. With cybersecurity breaches at an all-time high, it is more important than ever to have best practices in place to protect your data systems, networks, and programs from digital attacks. However, implementing effective cybersecurity measures is WATER RUNOFF FROM NEIGHBORING DRIVEWAY CAUSES DAMAGE: WAS Construction often leads to an increase in the range, or a change in the pitch, of impermeable surfaces (such as driveways and parking areas). With a concomitant increase in water flow. And damage to contiguous properties. But what is the injured neighbor to do? As a recent case illustrates, whether or not claims for negligence, trespass, or nuisance survive a motion to dismiss may depend more THE IMPORTANCE OF FOLLOW-UP/OVERSIGHT ON CONTRACT Companies should be aware that even when they have a written contract that spells out the parties’ responsibilities, e.g., pay rent monthly, they need to monitor compliance with those responsibilities. Failure to do so – sloppy follow-up – can result in a “quasi-new agreement.” The Georgia Court of Appeals’ recent decision in The Hatchett Firm, P.C. v. Atlanta Life Financial Group SMITH, GAMBRELL & RUSSELL, LLP__ __
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NEW YORK PASSES NEW WORKPLACE SAFETY REQUIREMENTS On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”) providing new workplace safety requirements on all employers in New York. The HERO Act goes into effect on June 4, 2021. See all Legal Alerts*
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TAX TRIAL OF THE CENTURY… Tax Trial of the Century… Which does not belong: Bad, Thriller, Moonwalk, Tax Court. Actually it is not a fair question because they all have one thing in common, Michael Jackson. The last one being the Estate of Michael J. Jackson v. Commissioner of Internal Revenue. Michael Jackson died in June 2009. The Executors of his Estate filed an estate tax return reporting the value of his property, which included Jackson’s image and likeness, his 50% interest in Sony/ATV, a music catalog and music publishing business, and his interest in Mijac Music, which owned musical compositions from a variety of artists,… Read moreSee all blog posts
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