Maya Simmons Rogers to Speak at the Drafting and Reviewing Business Contracts CLE hosted by NBI12/4/2017  The National Business Institute (NBI) will host a continuing legal education (CLE) seminar entitled “Drafting and Reviewing Business Contracts at the Cobb Galleria Centre in Atlanta, GA on December 13, 2017. Our very own Maya Simmons Rogers, managing partner of Simmons Rogers, LLC, will present, along with attorneys Thomas A. Bartolozzi, partner at Taylor English Duma LLP, David Messer, attorney at Briskin, Cross & Sanford, LLC, and others.
The business law cle will focus on how to incorporate business contract basics into practice in the real world. Attendees will get real-world pointers on how representations and warranties, indemnification provisions, and other clauses actually work. Attorney Maya Simmons Rogers will cover drafting fundamentals and boilerplate language on behalf of Nefertara Clark, managing partner at Clark & Clark Law Group, as well as non-competes and restrictive covenants, which continue to be a hot topic in the world of business law. This seminar is designed specifically for attorneys - whether they are just starting out in a business law practice or have been practicing business law for years. By the end of the day attendees will have received the information needed to confidently draft and review business contracts in 2018 and beyond. Since 1983, NBI has been a national provider of continuing legal education and training. NBI is dedicated to providing practical, continuing legal education courses taught by experienced practitioners, so that attendees are equipped with information they can apply to their daily practice. To learn more about the seminar and register to attend, visit the NBI page here. Maya Simmons Rogers to Speak at CLE on Advising Directors and Officers on Corporate Governance7/17/2017  On Thursday, August 17, 2017, Maya Simmons Rogers, managing partner of the law firm Simmons Rogers, LLC, will present, along with attorneys Nefertara Clark, managing partner at Clark and Clark Law Group, LLC, John M. Gross, general counsel for Taylor English Duma LLP, and others at the National Business Institute’s (NBI) Continuing Legal Education (CLE) Seminar entitled “A Primer on Advising Directors and Officers on Corporate Governance” at the Cobb Galleria Centre in Atlanta, GA. Maya Simmons Rogers was invited to present because of her work with businesses, nonprofits, and their respective officers and directors.
The CLE will examine the duties and obligations of directors and officers and the liabilities associated with their roles. During the CLE, Maya Simmons Rogers will present on the “Fundamentals of Nonprofit Governance” and “Fiduciary Duties Under State Law: Nature and Scope.” She will provide invaluable tips and insights into how attorneys can be knowledgeable advisors of potential risks to their clients, help them identify issues proactively, and recommend policies and practices to minimize liability and maximize effectiveness. This CLE is designed for attorneys but founders, directors, officers, managers, presidents, vice presidents, accountants and paralegals will also benefit from the seminar. Those who attend the CLE will learn: 1. The baseline obligations of directors and officers; 2. How to keep their clients in compliance by fully understanding powers, duties, and liabilities under state law; 3. How to prepare their clients to safeguard against governance issues by examining top liabilities, including compensation issues, business transactions, intellectual property, contracts, and more; 4. How to stay up to date on initiatives, regulatory actions and new standards that affect tax-exempt organizations; 5. How to analyze the best practices and protocols for self-protection of directors and officers; and 6. Ways to gain a better understanding of Directors and Officers liability insurance, commonly referred to as D&O insurance, and exclusions to be wary of. Since 1983, NBI has been a national provider of continuing legal education and training. NBI is dedicated to providing practical, continuing legal education courses taught by experienced practitioners, so that attendees are equipped with information they can apply to their daily practice. To learn more about the seminar and register to attend, visit the NBI page here.  April Rose Blake and Lola Jae We are long overdue for a client spotlight and what better way to fix the problem than spotlighting one of our new outside general counsel clients: April Rose Blake. As a new resident of the metro-Atlanta area and a entrepreneur to the core we were destined to meet. A native of Jackson, Mississippi and a U.S. Army veteran, she came to the city with a passion and a drive that inspires everyone she comes in contact with. As a result of her determination and drive, she is ready to introduce her baby to the world. We are proud to announce the grand opening of My Swanky Pooch - A Luxury Pet Spawtique in Alpharetta, Georgia. The grand opening will be held at the retail store on April 22, 2017 from 11 am - 3 pm. Lola Jae, My Swanky Pooch's official brand ambassador, can't wait to meet you and your fur babies. What is My Swanky Pooch? My Swanky Pooch is an upscale dog boutique that sells designer dog clothes, unique pet accessories, and luxurious pet furniture. They even offer embroidery services. At My Swanky Pooch, every pooch is special and deserves to be treated as such. It is a beautiful place where you can shop for (and with) your beloved fur baby. The spawtique even has dressing rooms so you can try the swanky wear on your fur baby in the store. Whether you are looking for organic bath and body products for your pet, pet umbrellas, Atlanta sports gear for your fur baby, fashionable carriers or clothes; My Swanky Pooch has you covered. They even offer custom Gucci and Louis Vuitton apparel for your pet.  During the grand opening event, My Swanky Pooch will offer a "pawesome" art activity for fur babies and pet parents alike, paw polish, and stencil art for pets. There will also be a photo booth to capture the memories along with treats for everyone during this fur family event. As an extra treat, Cousins Maine Lobster Truck will be on site during the grand opening and My Swanky Pooch will buy a lobster roll for the first 50 customers who spend $75 or more during the grand opening event. If you can't make it, you can always shop online at www.myswankypooch.com. For more information, you can email them or follow them online for all of the latest news: The Firm Co-Sponsors A Free Disaster Relief Legal Clinic for South Georgia Tornado Victims2/11/2017  On Saturday, February 18th, the firm will co-sponsor a free legal clinic at the historic Mount Zion Baptist Church of Albany, Georgia from 9 am - 12 pm for those impacted by the tornado and recent storms in South Georgia. Our very own, Maya Simmons Rogers, a native of Albany, Georgia, and other volunteer lawyers from Atlanta and Albany will be providing helpful information as well as free one-on-one consultations regarding legal issues that have arisen as a result of the natural disasters. This event is free and open to the public.
To register please email your name and number of guests, if applicable, to disasterrelief@mtzionofalbany.org or call 229-432-6837.  A Power of Attorney (“POA”), is legal document that allows you to name one or more persons to help you handle your financial affairs. It is an essential part of your estate planning.
Despite popular belief, estate planning is not limited to figuring out how to distribute your stuff after your death. It also includes planning for the chance that you might be incapacitated at some point in life. If you are incapacitated, it means you lack the mental or physical capacity to sufficiently care for yourself or your property. Incapacitation can be temporary, intermittent, or permanent. You might be temporarily incapacitated physically if you are traveling abroad for an extended period of time. You might be physically and/or mentally incapacitated following a medical procedure. In some cases, a doctor would conduct a psychological exam to determine whether you are mentally incapacitated. In other cases, incapacity may be obvious based on your inability to communicate, if you were in coma, for example. If you become incapacitated, there are acts and decisions related to your finances that must be made on your behalf, such as paying your bills, managing your investments, and possibly employing various service providers. That is where the need for a financial power of attorney prepared by an estate planning lawyer with knowledge of the laws in your state comes into play. Every state has different rules regarding the proper execution of a POA and if the rules are not followed then the POA may not be honored by third-parties or enforceable by law. With a financial POA, you appoint an agent, the person you give the power to handle your financial affairs. You can limit the power and only allow them to do specific things or you can give them power over everything, including but not limited to the power to sell, rent, or mortgage your home, pay your bills, cash or deposit checks, buy and sell your investments, or manage your personal items. However, a financial POA document does not give someone the power to make medical decisions on your behalf. In Georgia, that power is given through an Advanced Medical Directive. There are three main advantages to executing a financial POA: 1. You Have the Power: You decide who your agent will be. You decide which powers to give your agent and you decide when the agent’s power starts and stops. You can make the POA effective immediately, provide a specific start and stop date, or have a start date that is triggered by a future incapacity. Even with a POA in place, you can still handle your own financial affairs as long as you choose to or are able to. More importantly, you may cancel or revoke the POA at any time. 2. It’s Quick and Easy: You don’t have to go through all of your finances and assets. All you need to know is who you want to appoint as your agent and which powers you would want your agent to have. Once your estate planning lawyer understands your wishes, your FPOA can be drawn up and executed or you can wait and execute it with all of your other estate planning documents. 3. You Can Avoid Probate Court. If you become incapacitated and your family cannot agree on who will manage your finances, they could end up in probate court asking a judge to appoint a guardian or conservator for your property. Since court proceeding are public, if they go to court your personal affairs will be public. Plus, the legal dispute could cause an irreparable rift between your family members. In Georgia, you can avoid this by making sure your financial POA is durable. If you have a durable financial POA in place, your family can save a lot of money on the legal expenses associated with probate court and lawyers, keep your affairs private and avoid internal fighting over who has the power to manage your stuff. Your POA will remain in effect until your death, even if you become incapacitated or unable to communicate your wishes, unless: (1) a guardian/conservator is appointed for your property, (2) you include a date or specific occurrence when you want your POA to be canceled, (3) you revoke your agent’s power, or (4) your agent and all successor agents die before you. Upon your death your POA will be canceled and your Last Will and Testament will govern the distribution of your assets. If you have questions about your estate plan, need a power of attorney, or need assistance with estate planning generally, you can contact us. We help clients across the state of Georgia and would love to help you. FOR IMMEDIATE RELEASE  Simmons Rogers, LLC Announces Contract With Governor’s Office of Transition, Support and Reentry
ATLANTA, GA — Simmons Rogers LLC and its managing partner, Maya Simmons Rogers, recently announced a contract from the Governor of Georgia’s Office of Transition, Support and Reentry ("GOTSR"). The firm – in conjunction with Robert E. Keller, a former Clayton County, Ga. District Attorney – will assist the office in composing, clarifying and updating the policies and procedures of state agencies as they relate to reentering citizens. Read more about the GOTSR here. “We are excited about the opportunity that has been entrusted to our firm and we look forward to doing meaningful work on behalf of the Governor’s Office of Transition, Support and Reentry. We believe the decision to hire us is a testament to our work ethic and work product. Through this contract, we hope to help state agencies develop policies and procedures that will impact returning citizens in a positive way, reduce recidivism and forever transform Georgia into a safer, stronger state,” Rogers said. About Simmons Rogers, LLC: Simmons Rogers, LLC helps businesses and individuals navigate the inevitable legal mazes of life. The firm provides a wide range of professional legal services to businesses and individuals, not just in Atlanta, but throughout the State of Georgia and beyond. “We take pride in providing the quality of service and the level of representation you would expect from a large law firm at small firm rates,” Simmons Rogers said. About Maya Simmons Rogers: Ms. Rogers has created policies and procedures for private sector businesses and non-profits over the past decade. She spent several years working for local and national law firms based in Atlanta before launching Simmons Rogers, LLC. Read more here. About Robert E. Keller: Mr. Keller has nearly four decades of experience with Georgia’s criminal justice system. He has served as a Clayton County, Ga. District Attorney, on the Georgia Board of Pardons and Paroles and is the former Deputy Director of GOTSR. For more information about Simmons Rogers, LLC please visit our website. You may also contact the firm by phone at (404) 445-8146 or by e-mail at info@simmonsrogerslaw.com. Our very own attorney, Maya Simmons Rogers, was featured on Atlanta Legal Experts Radio, a weekly internet radio show hosted by Emily Rowell on Buckhead Business RadioX. During the show Mrs. Rogers was able to share valuable information about the firm and participate in a round table discussion on transitioning from a large law firm to a small/solo practice. The Atlanta Legal Experts Radio show reaches out to attorneys and associates in the legal field and provides much needed information revolving around the most relevant topics in today’s legal world. Their guests consist of attorneys who are experts in their field, representatives from local legal associations, and a mix of legal professors, authors, and speakers to provide the audience with a resource of beneficial information. The show airs weekly on Tuesdays at 8 AM Eastern. Click here for more information on the show.  Courtroom battles can be lengthy and subject a business to lots of undesired publicity. Over the years, many businesses and individuals have decided to resolve their legal disputes using alternative dispute resolution ("ADR") methods such as mediation or arbitration. These methods are much quicker, private, and at times less costly than traditional litigation. In fact, if you were to review many of the contracts that you have entered into over the years, you would discover many businesses require disputes to be resolved using some method of ADR - typically arbitration. This post will cover the basics of arbitration and the impact of choosing arbitration over traditional litigation. For a discussion of mediation, please see our post, “The 411 on Mediation”.
What is arbitration? Arbitration is an ADR method in which a neutral person, or a group of persons, selected by the parties renders a decision to settle a dispute after hearing each party’s side of the case and reviewing the evidence. How does arbitration work?
What is the arbitrator's role? The arbitrator is essentially the judge for the arbitration. However, unlike traditional litigation where the parties have little to no choice over which judge they get, the parties usually select the arbitrator. The arbitrator will preside over the proceedings, make rulings on briefs, resolve discovery disputes, settle evidentiary issues, evaluate the evidence presented, and then make a decision. You can choose whether the arbitrator issues a basic standard award, announcing only the outcome of the case, a reasoned award, explaining the arbitrator's reasoning behind the decision in addition to the decision itself, or a detailed award that includes findings of fact and conclusions of law in addition to the decision. Who can serve as an arbitrator? Anyone can serve as an arbitrator provided they have the requisite training or certification required by his or her respective state, country, or industry association. Typically, arbitrators are former judges, lawyers, or a professional with particular knowledge of the facts involved in the case. What are the benefits of arbitration?
What are the risks of arbitration?
Arbitration vs. Mediation The goal of arbitration is for a third party to reach a decision for the parties involved in a case, while the goal of mediation is for the parties to resolve the case themselves. In arbitration, the decision is made entirely by the arbitrator. On the other hand, in mediation the mediator hears each party’s side of the case and then assists the parties in negotiating with the hopes that the parties can reach a settlement. It is possible that parties will participate in a mediation, fail to reach a resolution, and then engage in arbitration regarding the same dispute. Deciding whether to litigate, mediate, or arbitrate can be difficult. There are benefits and risks with all three. If you would like to discuss your legal matter and the various avenues available for resolution, or you are looking for an experienced neutral to serve as either an arbitrator or mediator for your case, please do not hesitate to contact Simmons Rogers, LLC at 404-445-8260 or info@simmonsrogerslaw.com.  The summer is fast approaching and perhaps you are considering hiring summer interns for your business. Why not? Hiring summer interns is a great business strategy. Summer interns are a great way for your business to increase its recognition in the marketplace, recruit future talent, liven up your workplace, and provide your current employees with an opportunity to gain experience serving as a mentor and a manager.
However, there are some legal risks involved with hiring interns. Whether your interns are paid or unpaid, many of the legal risks associated with traditional employees also apply, including, for example, anti-discrimination laws. When it comes to unpaid interns, violating the Fair Labor Standards Act (FLSA) is one of the biggest risks for "for-profit" businesses. Internships at "for-profit" businesses will typically be viewed as employment, unless the internship is deemed exempt by the U.S. Department of Labor. To ensure that your business' internship program is exempt you must make sure the program is properly structured. The 6-point test for determining if an unpaid internship program is exempt from FLSA's requirement to pay interns a minimum wage and overtime, according to the U.S. Department of Labor, is as follows:
In addition to federal laws, your business must also consider what state laws apply to the internship. Check out this list of cases, summarizing internship-related lawsuits filed over the past 3 years. While you cannot prevent lawsuits, you can increase the likelihood of your business winning a lawsuit. So, remember unpaid internships are not meant to be free labor for your business. Before you bring on your interns this summer, make sure you have a formalized internship program that complies with both federal and state laws. Once you have written down the details of your internship program make sure you have them reviewed by both your human resources department and an attorney. As a small child, before the concept of a career was solidified, Makya knew she was destined to use her mind to create things and be her own boss. Taking the liberty to start her own laundry pressing service, complete with her own crayon drawn logos and repurposed dry cleaner packaging, Makya launched her first business. With an entrepreneurial spirit that could not be quenched, Makya has followed her passion and is now the proud owner of three companies.  As a student at Florida A&M University, Makya decided to change her major from Architecture to Graphic Design. She also took her first official step into the world of self-employment - creating Mareta Creations in her dorm room. As the company grew, Mareta Creations began to take on more projects, gaining valuable experience and pedigree, but financially the company was struggling. Driven by the love she had for her business and her clients, Makya dedicated the wealth of her time to the projects and far less attention to the business of her business. The cost of doing business began to heavily outweigh the the revenues of the business. As a result, Mareta Creations was forced into a hiatus. Despite the setbacks experienced during her first attempt at entrepreneurism, Makya decided to embrace them and learn from them. With a spirit of perseverance, Mareta Creations was relaunched in 2010. This time Makya decided to hire Attorney Maya Simmons Rogers of Simmons Rogers, LLC, to help her structure her business.
 Makya continues to extend the reach of her businesses, utilizing her strong personal network and social media to connect with past, present, and future clients.
Mareta Creations’ graphic design services have flourished and grown since the 2010 relaunch. The business now provides corporate design services, fine invitations and photography services for events, families, and pets. In 2013 and 2014, Mareta Creations was selected as one of The Knot's Best of Weddings Vendors. In 2013, after completing her Master's in Graphic Design at George Mason University, Makya launched Graphic Snob, an apparel company for the graphic snob in all of us. Most recently, in 2014, Makya launched Cosmetic Snob, where she sells cosmetic products through her online Amazon Store. Makya credits much of her polished self-presentation and business acumen to her experiences at Florida A&M University where she was able to observe the matriculation of students through the School of Business and Industry and “learn through osmosis”. As she carries Mareta Creations, LLC, the parent company, into the future, Makya keeps an eye for opportunities and professional growth. In the upcoming year, Mareta Creations, LLC will forge ahead with an added focus on corporate and government contracts and looks forward to opening its first physical storefront to showcase its products and projects. Visit www.MaretaCreations.com, www.GraphicSnob.com, and www.amazon.com/shops/cosmeticsnob to learn more about Mareta Creations, LLC's award winning products and services. |
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This blog is not intended to be a complete explanation of the law. Its purpose is to inform, not to advise on any specific legal problem or legal rights. If you have specific questions regarding any topic in this blog, you are encouraged to consult the Atlanta based law firm of Simmons Rogers, LLC or an attorney licensed in your
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4045 Orchard Rd SE, Suite 210 Smyrna, Georgia 30080 Phone: 404-445-8146 Fax: 404-445-8226 E-mail: info@simmonsrogerslaw.com |
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