The Atlanta Lawyer November 2018 | Page 37

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 37