a full-service business law firm

James-Bates-Brannan-Groover-LLP is a full-service business law firm delivering high-quality, cost-effective legal services for individuals and businesses throughout Georgia. Our firm believes in Southern values and represents Southern progress. As Georgia’s Law Firm, James-Bates-Brannan-Groover-LLP is here to help grow and protect our clients’ interests — and to deliver an entrepreneurial, creative approach designed to help our clients throughout Georgia succeed in achieving their goals. We do so with a non-negotiable commitment to our core values: excellence, integrity, honesty, client driven, Scriptural principles and respect for families and staff.

In The News (see all news)

HOA Superliens Could Wipe Out Bank's First Priority Lien on Real Property

May 22, 2015

Authors: Whalen J. Kuller and Michael N. White. Thanks to the work of the Community Bankers Association (CBA) and others, this past legislative session saw the defeat in the Senate Judiciary Committee of SB117, the condo association superlien bill. SB117 would have required the purchaser of a condominium at a foreclosure sale to take title subject to a lien in the amount of up to six months of condo association fees. Click here to continue reading.

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Physician-Owned Distributorships Under Scrutiny 2015

May 01, 2015

Authors: Thomas W. Huyck and Dianna J. Lee. Physician-owned distributorships, or “PODs,” have grown in popularity over the past few years. PODs generally derive their revenue from selling, or arranging for the sale of, implantable medical devices ordered by their physician-owners, for use in procedures the physician-owners perform on their own patients at hospitals or ambulatory surgery centers (ASCs).” Advocates of PODs argue that they encourage innovation, increase competition, and help keep down cost by eliminating the “middleman.” However, the costsavings of this creative distribution model brings with it certain legal risks that health-care providers should be aware of and address. OIG says PODs are “Inherently Suspect”. Click here to continue reading on page 4.

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Loan Participation Agreements and the “Administrator Replacement Provision”

November 03, 2014

For years, community banks have acquired loan participations to diversify their loan portfolio, deploy excess capital and manage the risks associated with individual lending relationships. As a result of the recent financial crisis and the FDIC’s loss-share program, many participating banks have found themselves participants in loans held by new and unknown lenders, i.e. the FDIC or real estate investment entities and financial institutions who purchased the debt of a failed bank through the lossshare program. For participating banks, these new “lead banks” create a climate of uncertainty, because in many cases the new lender’s goals for resolving a loan are not aligned with the participants’ goals. One particular area that has caused extensive litigation between these parties is when the new lender desires for a quick foreclosure and sale of the underlying collateral. As the “lead bank,” the new lender generally has the authority and discretion as to when and how to enforce and collect on the loan. Such a foreclosure and quick sale, however, often results in the loan participants receiving much less than their percentage of the loan obligation or the fair value of the underlying collateral. That result can have devastating effects on loan participants who do not enjoy the loss-share protection available to the lead lender. Click Here to continue reading.

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