- Fraud
- Restraining OrderA residential contractor sued our client, a homeowner who had hired the contractor to perform renovations on her home. In the initial stages of the lawsuit, the contractor asked the Court to issue a temporary restraining order requiring the homeowner to deposit certain disputed funds with the Court. After a contested hearing, Berman Fink Van Horn was successful in convincing the Court to deny the contractor’s motion, which allowed the client to retain control of the disputed funds.
- Corporate LawBerman Fink Van Horn attorneys help clients overcome the many issues that can arise from creating, managing, operating and financing tax-exempt organizations, from charitable giving issues to corporate governance and more.
- Mergers and AcquisitionsWe routinely advise families on issues with which all businesses are confronted, such as access to debt and equity financing, employment matters, contractual matters, corporate governance, liability issues and mergers and acquisitions. In addition, and perhaps most importantly, we have deep knowledge and experience with issues that are unique to family-owned businesses, including internal and external succession, exit planning and wealth preservation.
- Business Formation
- Business DisputesWhile we are tenacious advocates for our clients, we take our role as counselors seriously, advising clients to resolve matters without litigation, or short of trial, when we believe doing so is in the best interest of their business. Because not all cases can be resolved out of court, our experienced business litigators are also seasoned trial lawyers who have tried cases in state and federal courts. We also regularly handle appeals when necessary.
- Limited Liability Companies
- Trade Secrets
- Unfair CompetitionBerman Fink Van Horn is widely considered a go-to firm for helping companies and individuals navigate the thicket of issues that arise when an employee is hired from a competitor or leaves a company to join a competitor. We help companies of all sizes protect themselves from unfair competition, and we defend companies and individuals who are accused of engaging in unfair competition.
- Employment DiscriminationOur lawyers also represent employers in employment and labor law, and litigation. We represent employers in federal and state courts, arbitration and before administrative agencies such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and the National Labor Relations Board (NLRB), including discrimination and harassment claims brought under employment laws including Title VII of the Civil Rights Act of 1964, The Americans with Disabilities Act (ADA), The Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA) and other federal, state and local statutes and regulations governing the workplace. Berman Fink Van Horn attorneys also handle other employment-related disputes, including unfair competition claims and compensation claims.
- Employment ContractBerman Fink Van Horn attorneys understand the role of effective executive agreements, compensation plans and equity practices in attracting and motivating leaders and other key employees. The drafting and negotiation of executive-level employment agreements, and in particular severance packages, requires a careful eye toward compliance and relevant employment laws. Our attorneys approach this work from both a strategic and technical standpoint to mitigate compliance and financial risks while achieving business objectives.
- Employment LitigationOur attorneys assist employers in a broad scope of employment issues including drafting employment agreements and independent contractor agreements, revising personnel policies and procedures, preparing handbooks, navigating ADA accommodations and FMLA compliance, wage and hour audits and disputes, and advising on disciplinary actions, and severance agreements.
- Non-compete AgreementBerman Fink Van attorneys represented an energy management executive that was sued in Georgia for allegedly violating his non-compete agreement. The former employer was also seeking an
- Severance AgreementOur team works to craft and negotiate appropriate employment and separation agreements for each client’s situation. Drawing upon our firm’s strengths in employment law, we draft concise documents that clearly reflect the economic agreement of the parties and incorporate necessary legal protections such as release of claims, restrictive covenants and related provisions. We also advise executives in the careful review of severance agreements before signing.
- Real Estate LitigationOur clients include individuals, businesses and business owners that range from start-ups to large, established entities and publicly traded companies. We assist clients in all phases of their operations and corporate life cycles, from formation to succession, including transactions, litigation and dispute resolution. Commercial real estate matters as well as noncompete/trade secret, employment, business and real estate-related litigation represent significant areas of practice for our firm. Our clients do business throughout Georgia and across the United States, as well as internationally.
- Construction Litigation
- Real Estate TransactionsReal estate transactions are complex and time consuming. When a real estate dispute arises that requires negotiation, mediation, or litigation, Berman Fink Van Horn attorneys offer experienced and skilled real estate litigation and dispute resolution services to a variety of professionals in the industry: brokers, agents, developers, investors, builders, appraisers, lenders, buyers and sellers. We blend preventative advice and counseling with skilled advocacy.
- Easement
- Land Use and ZoningBerman Fink Van Horn partners with our clients to manage and resolve zoning and land use issues related to commercial and residential properties. Our attorneys understand how to overcome and quantify legislative changes made by state and local government, and key issues in the public and private sector. We can navigate the political climate that may affect zoning and land use decisions, enabling clients to make the best decision for their property, and fast growing business.
- Estate PlanningOur team’s collective experience in a broad range of practice areas helps us deftly integrate estate planning with business planning, tax planning and asset protection. We help our clients pursue a wide range of estate planning strategies and vehicles, including...
- Wills
- Power of AttorneyOur clients include individuals, families and business owners. Tax considerations and selecting the appropriate fiduciaries (executors and trustees, if applicable) are important components of a comprehensive estate plan. Berman Fink Van Horn attorneys prepare estate planning documents, including wills, trusts (QTIP, life insurance, special needs, qualified personal residence, charitable and more) and power of attorney for health care and financial decisions. Careful estate planning puts you (not the statutory rules) in charge of the disposition of your assets and the appointment of a guardian to administer your estate.
- Bankruptcy
- ForeclosureBerman Fink Van Horn has represented financial institutions and creditors across industries with legal issues related to lending, foreclosure, and regulations affecting creditors and lenders, in state and federal court. We provide valuable knowledge, experience in these areas, and take our role as advocate and counselor seriously; we strive to navigate conflict efficiently, using our expertise and common sense to reach the best possible outcomes.
- Tax LawBFV attorneys have more than 25 years of experience anticipating, addressing and resolving the full range of governance, compliance, and tax issues that confront all types of nonprofit organizations. Our tax-exempt clients include...