Category: Employment Law

Maya Simmons Rogers to Speak at CLE on Advising Directors and Officers on Corporate Governance

7/17/2017

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.

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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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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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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?

It is typically initiated by an agreement to arbitrate or initiated by order of the court.
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.)
The arbitrator may hold a pre-hearing/scheduling conference with the parties.
Discovery, if any, is conducted and briefs, if any, are submitted to the arbitrator.
The actual arbitration hearing is held.
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?

It is quicker and more efficient than litigation.
Less formal than litigation.
Parties have control over who will be their decision maker.
The process and the award can be completely confidential.
The process can be more collegial than litigation, and a great way to preserve business relationships.
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.
The arbitrator's award is relatively final, because it is very hard to appeal or vacate the award.
The arbitrator's award can be confirmed by a court and become an enforceable order of the court.

What are the risks of arbitration?

While discovery is limited, an arbitrator can order witnesses to appear and can order the inspection of records, letters, and other evidence.
The rules of evidence are more relaxed, so evidence that might be inadmissible in a court proceeding could be admissible in the arbitration.
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.
The arbitrator's award is relatively final, because it is very hard to appeal or vacate the award.
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:

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;
The internship experience is for the benefit of the intern;
The intern does not displace regular employees, but instead works under close supervision of existing staff;
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;
The intern is not necessarily entitled to a job at the conclusion of the internship; and
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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The 411 on Mediation

12/20/2013

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Mediation is an effective way to resolve any type of dispute; from squabbles between neighbors to large claims worth millions of dollars. Differences that cannot be resolved between the parties can lead to expensive, time consuming, public battles that involve lawyers and courts - unless alternative dispute resolution (ADR) methods, like mediation, are utilized.

Mediation is a great way for businesses and individuals to resolve problems. Even after a lawsuit has been initiated, mediation is a practical way of reaching an agreement that could end the lawsuit. As long as the parties involved in the dispute are willing to meet to discuss the issues separating them, it is likely that a mutually agreeable settlement can be reached.

What is mediation?

Mediation is an opportunity for a mediator to facilitate a mutually acceptable settlement agreement between the parties involved by offering the parties an opportunity to:

Express and address their respective concerns;
Better understand the other party’s perspective; and
Help the parties involved find creative solutions to their problems.

What is the role of a mediator?

A mediator is a third party neutral that will find points of agreement between the parties and facilitate movement towards a mutually decided upon agreement. A mediator should not dictate the decision, but instead help the parties develop their own resolution.

What is the benefit of mediation?

Mediation has several benefits that make it more beneficial than arbitration and litigation in certain contexts:

Mediation saves time: Unlike litigation, which can take years, and arbitration, which can take months, the parties' dispute could potentially be resolved in a matter of days and possibly hours.
Mediation offers privacy: If the parties reach a mutually acceptable settlement agreement during the mediation, the parties' have the opportunity to restrict public exposure of the issues and the outcome.
Mediation can save relationships: When there is an interest by either party to preserve a business or personal relationship, mediation is a great alternative. Unlike litigation, the focus of mediation is on compromise - not winning and losing. With that in mind, it is possible for the dispute to be resolved in a way that allows the parties to maintain their relationship and continue to work together.
Mediation puts the parties in control: If the parties choose to litigate or arbitrate a third-party makes the final decision and the parties have no input on the final decision. However, in mediation each party gets to make the final decision about what they will and will not do. That gives the parties autonomy and control over the outcome of the dispute. Contrarily, in litigation the parties have little to no control over deadlines, hearing scheduling, or the outcome.
Mediation saves money: Mediation can save the parties money if they reach a settlement agreement by reducing the future legal fees - including discovery expenses, expert costs, and attorneys' fees - that would be incurred with continued litigation or arbitration. The parties also have the potential to save money because the party gets to decide how much it is willing to pay, instead of a judge, jury, or arbitrator.

Once the parties agree on dates, mediations can be scheduled quickly. Remember, the advantages of mediation over litigation include privacy, reduced legal fees, control over the outcome, control of the process, a chance to salvage relationships, and control of your most important asset - your time.

Simmons Rogers, LLC provides mediation services throughout Georgia, in all 50 states, and internationally. Contact us to learn more about our services or to schedule your mediation. Online scheduling is also available.

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Maya Simmons Rogers to Speak at CLE on Advising Directors and Officers on Corporate Governance

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

Simmons Rogers, LLC Announces Its First Government Contract

Arbitration 101

Hiring A Summer Intern: To Pay or Not to Pay

The 411 on Mediation

Simmons Rogers, LLC

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