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Maya Simmons Rogers to Speak at the Drafting and Reviewing Business Contracts CLE hosted by NBI

12/4/2017

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National Business Institute to host a continuing legal education workshop on drafting and reviewing business contracts in Atlanta and feature Atlanta business attorney Maya Simmons Rogers as a presenter/speaker
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.
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Maya Simmons Rogers to Speak at CLE on Advising Directors and Officers on Corporate Governance

7/17/2017

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Maya Simmons Rogers of the law firm Simmons Rogers, LLC to Speak at NBI CLE on non-profit governance and how lawyers can advice directors and officers.
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, d
irectors, 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.
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Business Client Spotlight: My Swanky Pooch              A Luxury Pet Spawtique

4/17/2017

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April Rose Blake, founder of My Swanky Pooch - A Luxury Pet Spawtique, and Lola Jae, My Swanky Pooch's brand ambassador.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.  

My Swanky Pooch - A Luxury Pet Spawtique represented by business attorney Maya Simmons Rogers of the metro-Atlanta law firm Simmons Rogers, LLC celebrates grand opening in Alpharetta, Georgia

​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:
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The Firm Co-Sponsors A Free Disaster Relief Legal Clinic for South Georgia Tornado Victims

2/11/2017

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Flier for free legal clinic in Albany, GA co-sponsored by Simmons Rogers, LLC and featuring Maya Simmons Rogers
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. 
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What is a Power of Attorney and Do I Need One?

1/31/2017

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Image representing a Power of Attorney Form prepared by Maya Simmons Rogers, a Georgia attorney with the Atlanta and Albany, Georgia estate planning law firm of Simmons Rogers, LLC
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. 

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Simmons Rogers, LLC Announces Its First Government Contract

8/26/2015

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FOR IMMEDIATE RELEASE
Lawyer Maya Simmons Rogers and the law firm Simmons Rogers, LLC awarded state government contract.
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. 
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Maya Simmons Rogers Featured on Atlanta Legal Experts Radio Show

2/25/2015

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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.
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Arbitration 101

8/29/2014

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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?


  1. It is typically initiated by an agreement to arbitrate or initiated by order of the court.
  2. The parties must select an arbitrator. (Since arbitration is not a judicial proceeding, court rules generally do not apply. Often contracts will require that the arbitration be governed by the American Arbitration Association's ("AAA") rules, or similar arbitration guidelines. Parties should be aware that a contract requiring the use of AAA's rules does not mean that they have to use the AAA for the actual arbitration or a AAA arbitrator. Any well-trained arbitrator should be versed in AAA's rules.)
  3. The arbitrator may hold a pre-hearing/scheduling conference with the parties.
  4. Discovery, if any, is conducted and briefs, if any, are submitted to the arbitrator.
  5. The actual arbitration hearing is held.
  6. The arbitrator makes a decision, which is commonly referred to as an award.

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?

  1. It is quicker and more efficient than litigation.
  2. Less formal than litigation.
  3. Parties have control over who will be their decision maker.
  4. The process and the award can be completely confidential. 
  5. The process can be more collegial than litigation, and a great way to preserve business relationships. 
  6. Arbitrators typically issue the award within a set time frame after the hearing, often 30 days, whereas courts do not have similar time frames and can take months to issue an opinion.
  7. The arbitrator's award is relatively final, because it is very hard to appeal or vacate the award.
  8. The arbitrator's award can be confirmed by a court and become an enforceable order of the court.

What are the risks of arbitration?


  1. While discovery is limited, an arbitrator can order witnesses to appear and can order the inspection of records, letters, and other evidence. 
  2. The rules of evidence are more relaxed, so evidence that might be inadmissible in a court proceeding could be admissible in the arbitration.
  3. There is no case precedent, meaning decisions from similar cases do not govern the arbitrator's decision and the arbitrator's award has no impact on future cases. Likewise, arbitrators are not constrained by statutes. 
  4. The arbitrator's award is relatively final, because it is very hard to appeal or vacate the award.
  5. Arbitration can be more costly than traditional litigation. 

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.


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Hiring A Summer Intern: To Pay or Not to Pay

4/17/2014

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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:
  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but instead works under close supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If all of the factors listed above are met, no employment relationship exists under the FLSA, and the FLSA’s minimum wage and overtime provisions do not apply.

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. 


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Business Client Spotlight on Makya Renee of Mareta Creations, LLC

2/4/2014

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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.

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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. 


With the help of legal counsel, Makya was able to select the business entity type that was best for her business goals. This time around, Maya and Makya developed a set of contracts that Mareta Creations uses when entering into relationships with everyone from clients to design assistants.

Maya also advised Makya to protect her intellectual property. To make sure that no one could legally steal the brands Makya worked so hard to develop, Maya trademarked two brands - Mareta Creations® and Graphic Snob®. After hearing about and seeing actual infringement of other entrepreneurs' brands, Makya has become an advocate for patent and trademark protection, advising small business owners in particular to defend their intellectual property and designs from infringement.

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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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    Simmons Rogers, LLC

    Simmons Rogers, LLC is a full- service civil law firm based in Atlanta, Georgia. We provide legal services as well as mediation and arbitration services, to businesses and individuals throughout the state of Georgia and beyond. 

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Simmons Rogers, LLC
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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The information on this website is for informational purposes only and is not legal advice. Use of this website does not create an attorney-client relationship between you and Simmons Rogers, LLC. You should not act upon the information within this website without seeking advice from a lawyer licensed in your own state or country. You should not send any confidential information to Simmons Rogers, LLC until and unless a formal lawyer-client relationship has been established in writing. Unless you have received such written confirmation, we will not consider any correspondence you send us as confidential.
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