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Succeeding in a Motion for Summary Judgment When Your Borrower Has Defaulted on Its Loan
Poole Huffman, LLC

In these challenging economic times, many businesses face substantial struggles. Sometimes, those struggles may lead a business that owes money to yours to fall behind on paying its debts. Of course, your business’ own success is predicated on getting paid the sums that are owed to you, and getting paid on a timely basis. When…

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What’s Needed to Establish Causation in a Rico Claim in Federal Court
Poole Huffman, LLC

A recent federal appellate decision could amount to something very important to businesses that may need to pursue, or defendant against, a Racketeer Influenced and Corrupt Organizations (RICO) Act claim. The ruling potentially represents a broadening of what kind of causal linkage is direct enough to meet the causation requirement of a RICO claim, which…

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Missing Contracts and ‘naked Promises’ — Lessons From a Peculiar Case Recently Adjudicated by the 11th Circuit Court of Appeals
Poole Huffman, LLC

A character in a famous 1980s comedy film, at one point in the movie, looked at his friend and opined that “strange things are afoot.” Even if your business hasn’t come into contact with time-travelers from the future, that doesn’t mean that you may not face strange things from time to time, including peculiar legal…

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Making Sure Your Business Gets the Contract It Needs When Negotiating a Deal in Georgia
Poole Huffman, LLC

In many settings, the acronym “KBYG” stands for “know before you go.” In the world of commercial contracts, an experienced Atlanta contracts lawyer can help you with an essential task that might potentially be abbreviated as “KBYS,” or “know before you sign.” The right legal counsel can tell you exactly what is in your agreement,…

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A Famous Athlete’s Rico Case Outcome Holds Several Useful Lessons if You’re Defending a Rico Claim in Georgia
Poole Huffman, LLC

If you follow enough civil RICO cases, you’ll notice that many plaintiffs’ RICO claims lack merit, sometimes obviously so. Of course, even when the RICO claim that a plaintiff has aimed at your business is one of those claims long on bluster and short on merit, they are still potentially harmful to you and your…

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Avoiding Mistakes That Can Take Away Your Right to Rescind Your Commercial Contract in Georgia
Poole Huffman, LLC

When you sign a commercial contract, you do so with the expectation that the other side dealt with you openly and honestly. Sometimes, though, that’s not reality. When you encounter a situation where your contract partner has made a mistake or engaged in fraud with relation to one or more essential contract terms, you have…

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Why Careful Drafting and Timely Enforcement Are Critical to Success When It Comes to Commercial Contracts
Poole Huffman, LLC

In today’s business world, commercial transactions cross state lines with regularity. What may start as a lawsuit in Texas could later spawn action in New York. As a result, now more than ever, it is important to understand when a choice of law provision is (and isn’t) triggered. When it comes to drafting an agreement…

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Using Your Opponent’s Errors in the Pleading Process to Get Your Georgia Rico Case Dismissed
Poole Huffman, LLC

Civil RICO cases are a very special kind of civil lawsuit. More than a lot of other kinds of civil lawsuits (like, say, an auto accident case,) RICO cases involve numerous technical statutory pleading requirements, any one of which can be fatal to the plaintiffs’ case if not met to the precision required by the…

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Equitable Claims, the ‘burford’ Abstention Doctrine, and Shareholder Actions in Georgia
Poole Huffman, LLC

Any kind of business dispute has the potential to become contentious as business people who once collaborated transition to being adversaries. When the business in question is a family one, then the odds that business will become personal, and emotions will escalate along with it, increase exponentially. Whether or not yours is a family business,…

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How the Right Settlement and Release Agreement Can Give You the Legal Protection You Need Against Legal Action in Georgia
Poole Huffman, LLC

In any real estate dispute that winds up in litigation, there are several things that you have to weigh carefully. One of the biggest decisions you’ll make is whether to settle your case or continue litigating. If you are seriously considering a settlement, it is vitally important to understand exactly what the settlement agreement you…

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