James Bates

For over 15 years in Middle Georgia, Ross’ practice has been devoted to real estate law, including contract negotiation and drafting, lender representation, loan document review and preparation, title examination and title insurance, and drafting of closing documents. He represents buyers, sellers and lenders in real estate closings including commercial, agricultural, forest and recreational property, as well as large multi-state timberland transactions. Additionally, he works with the firm’s Financial Institutions Practice Group in handling problem loans and assets. To read more about Ross, click here.

With over 20 years’ of practicing law in middle Georgia, Kim’s practice primarily focuses on the representation of creditors, secured and unsecured, in Chapter 7, 11, 12, and 13 bankruptcy proceedings, commercial litigation and other defaults. She has a substantial amount of experience in providing practical, creative solutions to resolve conflicts and protect creditors’ assets. In serving clients, our Creditors’ Rights and Bankruptcy Practice attorneys frequently work with other practice groups in the firm including Banking & Financial Institutions, Litigation, and Real Estate, to develop transactions that alleviate the effects of bankruptcy and insolvency matters. To learn more about Kim, click here.

The addition of Kimberly greatly expands the firm’s healthcare practice.

With more than 14 years’ experience counseling clients in matters across a broad spectrum of healthcare issues, Kimberly elevates the firm’s expertise in providing general business and regulatory advice to healthcare providers including physician groups, healthcare systems, ancillary service providers and independent practice associations (IPAs).  Kimberly also brings broad experience in assisting healthcare information technology companies in general contracting and regulatory matters.

James Bates is pleased to announce the addition of Alec N. Sedki and Michael A. Dunn to the firm. Both join the firm as Of Counsel and will practice primarily in the litigation department. Prior to joining the firm, Alec and Michael operated a full service boutique, Sedki and Dunn, LLC in Atlanta.

Please join James Bates as we celebrate with our three newest associates — Christopher, Corrie, and Doroteya. Congratulations on passing the bar exam!  To learn more about our newest team members, click on each Attorney profile below.

Christopher E. Gilmore

Corrie E. Holton

Doroteya N. Wozniak

November/December 2011

November/December 2011

Judges Stephen Dillard and Keith Blackwell of the Georgia Court of Appeals were featured speakers at the firm’s recent litigation practice group meeting with attorneys attending from both Macon and Atlanta offices of James Bates. Judges Dillard and Blackwell spoke about their experiences as appellate judges and further educated the James Bates attorneys on the history, rules and processes of the Court. Both judges were appointed to the bench in 2010 by former Georgia Governor Sonny Perdue.

Proud sponsors of the American Heart Association, JBPS employees and family members joined hundreds of others in the community on September 29^th, 2011 for the Central Georgia Heart Walk. The event raised more than $100,000 towards heart disease research.

James Bates is pleased to present the first issue of Gavel To Gavel. This publication will print three times each year with distributions in the fall, mid-winter and late spring. Gavel to Gavel is written by James Bates’ attorneys and examines specific topics in Georgia law. Topics will cover practical matters likely to impact your organization or business. Specifically, Gavel To Gavel will highlight legislative updates in Georgia in a summarized, easy to comprehend manner. If you would like to be added to our mailing list for this publication, please contact Brian Corrigan at (478) 749‑9967 or bcorrigan@jbpslaw.com

Lee M. Gillis, Jr. recently presented at the 30^th Annual Insurance Law Institute at St. Simons Island. Lee addressed attorneys from across the Southeast on the developments in uninsured motorist law.

The Macon Bar Association recognized James Bates for the firm’s contributions and involvement in the organization. Kort D. L. Peterson continues to assist the association in the process of IRS filing for tax-exempt status.

In the September/October 2011 issue of Employment Law Briefing, we discuss:

• Whether the Fair Labor Standards Act covers high school coaches and similar volunteers,
• Why failing to exercise objectivity in a job review could leave the employer vulnerable in a lawsuit,
• How the customer is not “always right” when it comes to employee discrimination and harassment at the hands of customers, and
• Whether the termination of a pregnant but newly hired worker for frequent absences is a “constructive discharge” in violation of Title VII of the Civil Rights Act.

Do you know whether a lump-sum pension payout is best, or an annuity — and what kind of annuity? Or, if you have a trust in a high-tax state, whether it’s possible to move it to a more tax-friendly state? James Bates is pleased to present the September/October 2011 issue of The Estate Planner.

James Bates is a proud sponsor of the 2011 American Heart Association Heart Walk of Central Georgia. The event will take place on Thursday, September 29th at 6:00 PM and the Walk Route will be around Tatnall Square Park.  For more details or to participate or donate, please visit the event website at:

http://centralgeorgiaheartwalk.kintera.org

Please join us in welcoming three new employees to the Firm: Doroteya Nikolova and Corrie Holton, graduates of Mercer School of Law, and Christopher Gilmore, graduate of Vanderbilt University Law School.

A recent case involving a reinsurance claim stems from an action against a JBPS client alleging breach of contract. After settling the case, the client sought reimbursement from its reinsurer which denied coverage and never made an offer to settle the claim… JBPS filed for arbitration against the reinsurer. In December 2010, after ten months of litigation culminating in a trial which lasted over two weeks, the arbitration panel awarded the client eight million dollars.

Whalen J. Kuller, Of Counsel, comes to James Bates bringing a wealth of experience in corporate and transactional law. He represents small and midsized companies, assisting them with formation and maintenance, acquisitions and sales, entity structure, and agreements of all types. Whalen also practices with James Bates’ banking group, specifically concentrating on representation of community banks. With tax-exempt organizations, Whalen’s work focuses on formation of new organizations as well as representation of existing groups.

He is a three-time graduate of the University of Florida, earning his bachelor’s, master’s and law degrees from this institution. Whalen has numerous professional affiliations in the metro Atlanta area and actively attends Dunwoody Baptist Church.

On May 24^th, Clay Capps spoke at the monthly meeting of the Middle Georgia Chapter of the Georgia Society of CPAs.  As the twenty-five CPAs in attendance enjoyed their lunch, Clay used a case-study approach to demonstrate ways that a high-net worth family might use a family limited partnership, an intentionally defective grantor trust and a beneficiary defective irrevocable trust to minimize transfer taxes and maximize the wealth passed to succeeding generations.  The attendees represented several CPA firms, two investment firms and one university.

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 has created an unprecedented opportunity to remove substantial amounts of wealth from estates through lifetime gifts . And the fact that the act did not adopt two specific proposals means that grantor retained annuity trusts (GRATs), family limited partnerships (FLPs) and family limited liability companies (FLLCs) remain important tax-saving opportunities.

James Bates is pleased to present the May/June 2011 issue of The Estate Planner. In it, we discuss those and other topics related to ways to minimize taxes on your estate and maximize its value for your loved ones. Specifically, we describe several business asset-protection strategies that owners should consider implementing to help ensure that their business will remain a valuable asset for their heirs. In addition, we explain that estate plans containing a formula clause tied to the federal estate tax exemption may need to be reviewed in light of changes made by the Tax Relief act.

CLICK HERE to read the latest issue.

When a civilian company evaluates the job performance of a military service member, it’s important to keep the Uniformed Services Employment and Reemployment Rights Act (USERRA) in mind. And, if it’s not careful, a company that tries to address sexual harassment in the workplace may find itself being sued for not trying hard enough.

James Bates is pleased to present the May/June 2011 issue of Employment Law Briefing. In it, we discuss those and other topics related to helping you protect your business from legal liability and achieve your business goals. Specifically, we look at whether a worker’s resignation is actually a “constructive discharge” if it occurs immediately following a disciplinary hearing. In addition, we discuss whether requiring employees to repay training costs if they resign within a certain time frame constitutes a kickback under the Fair Labor Standards Act.

CLICK HERE to read the latest issue.

In 2004, JBPS’s client, a general contractor, was contracted to perform renovation work on a building. During that renovation, the plumbing subcontractor accidentally ignited a wooden wall stud while soldering copper pipes, which caused a fire that subsequently resulted in significant damage to the building. When the client demanded coverage on its  builders’ risk and liability policies, coverage was denied by all of the insurance carriers. The owner of the property filed suit against the client for the fire damage to the building. The client then filed suit against its insurance carriers. JBPS obtained a judgment against the insurance carriers for breach of contract and bad faith damages in the Superior Court of Bibb County. This judgment was recently affirmed by the Georgia Court of Appeals. The total recovery to the client exceeded five million dollars.

March 22, 2011 marked the first anniversary of James Bates’ establishment of the Atlanta office. This growth included the addition of partners T. Daniel Brannan, Oby T. Brewer III and William J. Sheppard as well as several associates in the office.

Since 2004, W. Carter Bates, III has been selected by his peers each year to the Georgia Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. Mr. Bates has successfully represented clients in the areas of taxation law, business law, tax-exempt organizations and estate and asset protection planning.

Click here to read more about Carter Bates.

James Bates is pleased to announce that G. Grant Greenwood has been named partner in the firm. Joining the firm as an associate in 2005, Mr. Greenwood’s practice focuses in the areas of Business and Commercial Litigation, Construction Law and Employment Law.

Reception for Steve Dillard on October 28, 2010 in honor of his appointment to the Georgia Court of Appeals. Everyone wore bow ties in honor of Steve.

Stephen Louis A. Dillard has been chosen to fill a vacancy on the Georgia Court of Appeals. Appointed by Governor Sonny Perdue, Stephen Dillard will be appointed to fill one of two vacancies on the Georgia Court of Appeals created by the retirement of Judge G. Alan Blackburn and the death of Judge Debra Bernes. Stephen Louis A. Dillard is of counsel and chair of the appellate practice group at James Bates. Stephen clerked for the Hon. Daniel A. Manion of the U.S. Court of Appeals for the Seventh Circuit, and received his law degree cum laude from Mississippi College of Law and received his bachelor of arts from Samford University. Among his many community activities and awards, he is the president of the Macon chapter of the Federalist Society, a member of the Governor’s Judicial Nominating Commission, and has been recognized as a Georgia Super Lawyers “Rising Star”. Stephen, his wife Krista, and their three children, live in Macon.

To read the complete article from Macon.com, click here.

Source: Macon.com and Press Release from Governor’s office/October 20, 2010

Attorney John Kennedy recently represented Angela Driver from Houston County after her former preacher publicly labeled her a “fornicator” in front of the church’s congregation.  Before filing suit, Driver asked her former preacher to apologize and retract his comments.  Mr. Kennedy also wrote a letter asking the preacher to apologize.  When no response was forthcoming, Driver felt compelled to file the slander suit because she had never committed adultery or any act of sexual immorality during her eight-year marriage and said, “The preacher had no evidence or reason to suspect fornication or adultery.”  Kennedy said what the preacher tried to do was twist the definition into what he called “spiritual fornication” as the preacher needed a reason for Driver’s ex-husband to be able to date and marry the preacher’s daughter.  The preacher told the jury the sin Driver had committed was that some of her clothing did not meet Pentecostal standards and was considered as exhibitionism.  The statement the preacher made to his congregation was that Driver had committed an act of fornication and that “fornication covers things such as homosexuality, lesbianism, bestiality, lust, exhibitionism, pornography, child abuse, harlotry, prostitution, solicitation of sex and so forth.  It covers all these things.”  He went on to say that he had personal knowledge that Driver had committed one of these acts but did not want to tell them which one.

On Friday, July 2, 2010, after a week-long trial, the jury ruled in her favor and awarded her more than a half million dollars in costs and damages.  When asked about the verdict, Kennedy said Driver “is pleased with the verdict, and she is most pleased with the clearing of her name.”

Read the original article.