Sun., September 5, 2010

In the News

Client Advisories

New Georgia Trust Code
After several years of study, the Georgia Legislature in 2010 enacted a comprehensive new code of laws governing trusts under Georgia Law. The new law applies to trusts created or becoming irrevocable after July 1, 2010, and it makes some significant changes in the law of trusts as well as modernizing and making clarifications and technical changes to this important area of the law. Partner Warren Wheeler has prepared a synopsis which you can read by clicking here. (opens in a new window)

Please contact Warren Wheeler if you have any questions or would like to discuss its application and implications.

Speeding Up a Planned Termination of Employment could constitute Retaliation
On July 2, 1010, the Eleventh Circuit Court of Appeals held that an employee's Title VII retaliation claim should proceed to trial since she was harmed by being fired sooner than she otherwise would have been, in fact, right after she complained about the future firing to senior management. The complaint letter happened to mention that she felt discriminated against because of her national origin. Partner Lynn Stewart has prepared an analysis of the implications of this case for Georgia employers which you may read by clicking here. (opens in a new window).

Please contact Lynn Stewart if you need additional information or wish to discuss a particular employment situation.

Dodd-Frank Wall Street Reform and Consumer Protection Act becomes law
On July 21,2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act. As part of this new legislation, a portion of the definition of an "accredited investor" under the Securities Act of 1933 was modified. Partner Chet Hosch has prepared a summary of the changes to existing law which you can read by clicking here. (opens in a new window)

Please contact Chet Hosch if you have any questions or wish to assess this new legislation's impact on you.

The Unthinkable: No Federal Estate Tax and No GST Tax for 2010?
As of March 1, 2010, Congress has not yet addressed the expiration of federal estate taxes and generation-skipping transfer taxes at the end of 2009. This extraordinary turn of events may change at any time and could be reinstated retroactively to an earlier date. Until the situation is addressed, clients should take certain steps:

• Review your existing Will with your attorney in case you need a simple codicil to explicitly direct the disposition of your estate should you die while there is no federal estate tax and no generation-skipping transfer tax
• Consider making generation-skipping gifts directly or in trust to grandchildren or future generations
• Consider making taxable gifts at the current 35% gift tax rate; this may be the lowest gift tax rate imposed for the foreseeable future

Chet Hosch has prepared a brief overview (opens in a new window) of time critical issues clients should address. Contact him promptly if you wish to schedule an appointment to review your existing estate plan.

Tax Court Ruling Opens Door to Deductions
A recent Tax Court ruling opens the door to tax deductions for some members, partners and tenants in common. If upheld, this ruling will permit owners suffering losses in one business to deduct those losses against income from other businesses. Partner Chet Hosch has prepared a summary of the ruling which you can read by clicking here. (opens in a new window)

Please contact Chet Hosch if you have any questions or wish to assess the ruling's impact on you.

Press Releases

SWF Expands By Two
Schreeder, Wheeler & Flint is pleased to announce Andrew J. Lavoie, Esq. has joined our litigation practice. Andrew recently concluded his clerkship with the Honorable Orinda D. Evans of the Northern Division of the United States District Court. A 2009 graduate of the University of Georgia School of Law, Andrew was an Articles Editor for the Georgia Law Review as well as a member of the Order of the Coif. He will specialize primarily in complex commercial litigation.

The firm is also pleased to announce Robert H. Snyder, Esq. will join Schreeder, Wheeler & Flint in September 2010. Rob is completing his clerkship with the Honorable Harold L. Murphy of the Northern Division of the United States District Court. He is a 2008 graduate of the University of Georgia School of Law. Rob will also specialize in complex commercial litigation.

SWF Appointed Counsel in Delta/Air Tran Antitrust Litigation
Schreeder Wheeler & Flint, has been appointed as liaison counsel for the plantiffs in the matter IN RE: Delta/AirTran Baggage Fee Antitrust Litigation. The case is before the United States District Court, Northern District of Georgia.

SWF attorneys named 2010 Georgia Super Lawyers
Five Schreeder, Wheeler & Flint, LLP attorneys have been named 2010 Georgia Super Lawyers. They are Warren O. Wheeler (Real Estate), David H. Flint (General Litigation), John A. Christy (Bankruptcy and Creditor\Debtor Rights), Leo Rose III (Real Estate) and Lynn C. Stewart (Employment and Labor).

SWF Partner Named to 2009 Georgia Legal Elite
Schreeder, Wheeler & Flint is pleased to announce that John A. Christy has been named to the Georgia Trend Legal Elite for 2009 for his eminence in bankruptcy law.

SWF Associate Elizabeth Fite elected to State Bar Board of Governors
SWF Associate Elizabeth L. Fite was recently elected to serve on the Board of Governors for the State Bar of Georgia. Her two-year term will officially begin at the 2009 State Bar of Georgia Annual Meeting. Ms. Fite will also be honored by the Young Lawyers Division of the State Bar of Georgia at the 2009 Annual Meeting. She will be receiving an Award of Achievement for Outstanding Service to the Bar, and this will be her third consecutive year to receive the award.

Speaking Engagements

Mark Forsling spoke at a seminar hosted by National Business Institute on December 9, 2009 here in Atlanta. The title of the seminar was "Land Use Law: Current Issues in Subdivision, Annexation and Zoning." Mr. Forsling addressed the legal and practical considerations of annexation of parcels into a municipality under Georgia law, with emphasis on the rezoning of property upon annexation and the procedural hurdles presented.

Media Articles

None at this time.

For media inquiries, headshots, or additional information about SWF, please contact:

John Christy
404-681-3450
JChristy@swfllp.com