When faced with evidence that an insured misrepresented material facts on an application for insurance, the stakes are high: taking the position that a policy is void ab initio and provides no coverage for a loss usually results in litigation. Insurance carriers are wise to ensure that the case is strong before proceeding down the path of rescission. This article provides guidance on which ducks to align, attractive pitfalls to avoid when building a case for rescission, and recent decisions discussing these topics. Under Georgia law, a statement made in an insurance application must be one of the ... Continue Reading
Last Will and Testament
Have you wondered what the difference between a Last Will and Testament and a Trust (Revocable orIrrevocable) is, and if one is better than the other? We get this question frequently, and the answer is that itdepends on your situation and your goals.Last Will and TestamentA Last Will and Testament is a document you create during your lifetime that directs where your assets thatare subject to probate (the formal process of having your assets distributed through the court system) willgo at your death. Your Will is only effective at your death; it does not have any power if you areincapacitated but still alive. A Will does not avoid probate, but rather makes sure that your assets go to ... Continue Reading
BEWARE THE OTHER MAILBOX RULE
Imagine this scenario if you will: opposing counsel has blown their thirty (30) day deadline, pursuant to Georgia’s Uniform Superior Court Rule 6.2, to serve a response to your dispositive motion. Cheers to you! Is it now time to notify the court of opposing counsel’s inexplicable and egregious failure to timely respond to your dispositive motion? Unfortunately, thanks to O.C.G.A. § 9-11-6(e), the answer is no. O.C.G.A. § 9-11-6(e) states, in pertinent part, Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served ... Continue Reading
American Foundation for Suicide Prevention ‘Out of the Darkness Walk’
Drew Eckl & Farnham is supporting the American Foundation for Suicide Prevention ‘Out of the Darkness Walk’ on Sunday, November 6th. Show your support and stand with us by registering for the walk, in memory of Daniel Cheek and our Mental Health & Wellness Committee. If you or anyone may know are struggling with any mental health concerns, please contact the National Suicide Prevention Lifeline at 988. Please support the walk at Piedmont Park in The Meadow10th Street NE & Charles Allen Dr., Atlanta12:00 pm: Registration & Food Trucks2:00 pm: Opening Ceremony & Walk ... Continue Reading
U.S. News – Best Lawyers® “Best Law Firms” ranked Drew Eckl & Farnham in multiple categories in its 2023 edition.
U.S. News – Best Lawyers® “Best Law Firms” ranked Drew Eckl & Farnham in multiple categories in its 2023 edition. Thank you to our clients who gave feedback on our experience, responsiveness, understanding of a business and its needs, cost-effectiveness, and civility. It’s an honor to serve you. ... Continue Reading
Madalyn Davis and Kristin Miller wrote for the Georgia Bar Journal article, “Irrevocable Trust Modification: Clarifying Georgia Law”.
To understand and evaluate the competing approaches concerning the use of nonjudicial settlement agreements, one must look to the Code sections themselves, the legislative history behind them and the intent of the authors of the revisions to the Trust Code. The 2020 amendments (effective Jan. 1, 2021) to the Official Code of Georgia Annotated (O.C.G.A.), Title 53, Chapter 12, enabled estate planning practitioners in Georgia to more easily modify noncharitable irrevocable trusts, specifically through the use of nonjudicial settlement agreements (NJSAs). Although the new Code sections provide clarity on the use of NJSAs for trust modification, they also establish limitations on their use. ... Continue Reading
On October 13, 2022, Drew Eckl & Farnham hosted a panel sponsored by the Georgia Hispanic Construction Association (GHCA) titled Global Challenges and Economic Perspectives Amid the U.S. Midterm Elections.
The panelists shared their vision On October 13th, a top panel of experts in finance, taxes, and operations shared with GHCA members and special guests their vision on the various factors such as inflation, supply chain disruption, and geopolitics impacting the national and international markets. Our discussion will further lead to evaluating the new political map in the United States, the Inflation Reduction Act, and its consequences on the operations of small, medium, and large companies in the construction industry. Alejandro Zuluaga- Sr. Finance Director, Argos USALucas Turolla- Vice President Business Banking Area Manager, CHASEChad Waters- Vice President Regional Preconstruction ... Continue Reading
Law360 Seeks Comment from Joe Chancey on Why Workplace Proselytizing Can Put Employers In A Bind
September 15, 2022 – The U.S. Supreme Court in recent years has set a clear tone: Workers should be afforded plenty of leeway to express religious sentiments at work. But for employers, figuring out whether an employee who wants to proselytize on the job should be allowed to do so is rarely simple. “Anytime you have to deal with the subjective beliefs of human beings in the workplace, you have the potential for very, very different results. And that really is kind of the ultimate question, ‘How will this work in this particular workplace?’” Joe Chancey, managing partner, Drew Eckl & Farnham Click the link below to read the full article.* Why Workplace Proselytizing Can Put ... Continue Reading
Drew Eckl & Farnham Sponsors AFSP Atlanta Walk
Drew Eckl & Farnham is proud to announce it is sponsoring the American Foundation for Suicide Prevention's (AFSP) Atlanta Walk on Sunday, November 6th. The walk is one of AFSP's Out of the DarknessTM Community Walks created to help raise funds and promote the AFSP's mission to reduce the national suicide rate 20% by 2025. Proceeds will go to investments in research, educational programs, advocacy for public policy, and support for survivors of suicide loss. To donate to the AFSP or register for the Atlanta Walk, click on the link below. AFSP Out of the Darkness Walks Many people’s introduction to AFSP comes through the Out of the Darkness Walks, taking place in cities ... Continue Reading
Lambda’s 25th Anniversary of Southern Regional Office
Drew Eckl & Farnham is proud to have sponsored the 25th Anniversary of the Lambda Legal Southern Regional Office. Members of Atlanta’s LGBTQ community came together for this fundraiser and to celebrate the great work this advocacy group has done. Partner Jennifer Parrot (pictured far right) attended the event to show the firm’s support. ... Continue Reading