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Byron M.G. Sanford

Byron Sanford’s Answers

44 total


  • In the state of GA, Can an employer force a non-compete co after firing you? -Can the non-compete be longer than employment?

    No non-compete or contract in place during 15 months of employment. Then, a Severance/Termination Contract was presented with Non-Compete terms for 2 years. That includes employment by client company, industry verticals, and starting my own busine...

    Byron’s Answer

    Georgia law places fairly stringent requirements on such non-compete agreements in order for them to be enforceable. The agreement must be reasonable in geographic coverage, time of restriction, and activities restricts. What constitutes "reasonable" can vary depending on the circumstances and the interactions of the geography, time limit, and restricted activities within the agreement.

    As this is a complicated (and changing) area of law in Georgia, it would be advisable for you to consult with an attorney experienced in dealing with restrictive covenants under Gerogia law.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • My wife is filing for divorce and says she doesn't want any ownership of my business.

    Is there a document/contract/form I she can sign and get notarized? The urgency is that we have great opportunities available to us in the business that can't wait until the divorce is final. Thanks

    Byron’s Answer

    I would simply add that, contrary to another attorney's answer, a signed agreement between the parties may be helpful in establishing your wife's disclaimer of any interest in your business. Such and agreement, however, is not the full solution. As others have pointed out, any final disposition of marital property (which may include your business) should be addressed in the final decree of divorce issued by the Court handling your divorce. This can most easily be accomplished by means of a property settlement agreement which can then be filed with the Court and incorporated by reference into the final decree.

    This is by no means the only way to handle this issue, but is perhaps the most straighforward. In any event, it would be wise to consult with an attorney experienced in Georgia family law to ensure that this issue is handled properly and that there are no loss ends remaining as to the ownership of you business as a result of your divorce.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • Confused

    Im a student, just started my own buisness and of course its more money being put into it than what im getting out of it. But to make matters worse, someone finds me to be their competition now and tells their clients not to use me. I was approach...

    Byron’s Answer

    As a general matter, a competitor has no right to prevent you from from doing business with its clients (unless there is some sort of non-compete or non-solicitation agreement between you and the competitor).

    Likewise, if you competitor believes that you committed slander, it is incumbent up him to prove it.

    Under circumstances such as you have described, the simplest solution is to simply continue doing business with anyone you choose and ignore your competitor's threats unless he can demonstrate that you have improperly interfered with his business relationships. If he continues to harass or threaten you in some way, you can consider obtaining a restraining order against him if his contact with you is repeated and disruptive.

    If on the other hand, he begins to interfere with your relationships with your clients or active business prospects, it may be possible to bring a suit against your competitor for tortious interference with your business relationships.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • Someone is using multiple designs I have came up with, how do I handle that.

    Someone is using multiple designs I have came up with, how do I handle that. I do not have any copyrights.

    Byron’s Answer

    A couple of the key considerations in being able to enforce any potential intellectual property rights in your designs is being able to demonstrate (a) that you created the designs in question, and (b) that you did so prior to the other person.

    "Designs" might potentially be protectable by means of copyrights (if they are creative works, as defined by state, federal or common law copyright law) or by trademark / servicemark if they are used to identify a product, service, or brand.

    It is certainly worth consulting with an attorney to determine what sort of protections may be available for your designs and how best to enforce your intellectual rights. Likewise it is worth examining what steps might make sense for protecting your intellectual property going forward (such as registration with the appropriate governmental body).

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  • How do I defend against a con-woman in a divorce case?

    My wife is very attractive and is an exceptional persuader and con-woman. She is making numerous accusations of me that are wild and completely untrue. However, because she is so convincing, her friends, her lawyer, her colleagues, are taking ev...

    Byron’s Answer

    • Selected as best answer

    There are a number of potential ways in which to deal with untrue statement being made against you. Without knowing the precise nature of the claims being made by your wife, it is difficult to give a comprehensive answer to your question, but some of the strategies which might be useful include: (1) requiring her to provide information and/or evidence supporting her claims/accusations through the formal discovery process, and/or (2) bringing a slander claim (or perhaps even just the credible threat of of one) against her.

    There are other possible avenues to address false accusations, but in order to explore what might be most effective in your circumstances, I believe it would be worthwhile for you to consult with an experienced family law attorney.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • Who should fill claim

    My ex wife hired a contractor and signed a contract to have home repairs done. I did not sign the contract, but I paid the $2000 deposit to the contractor. The contractor never showed back up and no work was ever done. Which one of us should file ...

    Byron’s Answer

    Each of you have slightly different potential claims against the contractor. Your wife, as the signatory of the contract clearly has a basis to bringing a claim for breach of contract. It is possible that you may also have a breach of contract claim as well, if you are a named beneficiary of the contract. Even if you name does not appear in the contract, the fact that you paid money to the contractor and received no benefit in return means that you may have claims against the contractor sounding in breach of quasi-contract and/or unjust enrichment.

    Perhaps the simplest solution is for both you and your wife to appear as plaintiffs in the suit.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • What can i do if the non-custodial parent won't return my child?

    My ex-husband has suspended custodial rights filed with our divorce. I let him take our daughter for the summer because she wants to see him. I thought I was doing the right thing. He now won't return my phone calls or bring her home although he s...

    Byron’s Answer

    If you are the legal custodian of the child and he is acting contrary to (or, in this case, in the absence of) his custodial/visitation rights, then you may seek the assistance of the Courts and/or law enforcement to recover physical custody of your child. It is possible that he may seek to obtain and/or modify his custodial rights by going to court, but, if those rights were suspended by the Georgia courts, he must file any such action in Georgia, where you and the child traditionally reside. The burden would then be on your ex-husband to convince the Court that it is in the best interest of the child to modify the existing custodial award.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • Can I get custody of child if mother gave custodial writes to grandmother, after legitimation?

    I have child that I don't have legitimated, her mother os offering custody to the grandmother. I would like to know if I have legitimation done can I fight this?

    Byron’s Answer

    Yes, even if the mother is relinquishing her parental rights to another person, it is still possible for you to seek legitimate the child and then seek to have parental/custodial rights and/or visitation established by the courts.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • If I have a mediated agreement that was never made an order and I have found out my spouse had hidden money am I stuck?

    medaited agreement was made 10 mos ago and all obligations have not been met, although some have. No paperwork about discovery was turned in until 8 mos after divorce filed for by spouse and day of mediation. New evidence shows hidden money...wher...

    Byron’s Answer

    While mediated agreements between parties to a lawsuit (including a divorce action) are generally binding upon the parties in the form in which they are memorialized, it is still possible to overturn the agreement if it is clear that the other party made material misrepresentations regarding issues central to the mediated agreement. This can even be done, under certain circumstances, after the mediated agreement has been made into an order of the Court, but doing so before any order of the court has been entered is much less complicated.

    If the divorce action is still pending, then it is appropriate to file a motion to set aside or overturn the mediated agreement. If the divorce is not still pending the next step will depend on whether the action was dismissed or whether a divorce decree was entered which was silent with respect to the mediation agreement and the issues it dealt with.

    It is almost certainly advisable to at least consult with an experienced attorney to discuss your particular circumstances in greater detail and determine what options are most appropriate for you.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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  • Do I need an attorney?????

    I sold a business a year ago (owner fin'd) and now the person is not making payments. I know the business is still open.... but this buyer refuses to take my calls, return cert mail, and has not lived up to the agreement. What should I do?

    Byron’s Answer

    Depending on whether there were signed agreements executed between the parties at the time that you sold the business, there may be a variety of options available to you at this point. Unless there was a provision which call for any disputes surrounding the sale to be settled through arbitration (or some other non-judicial means), then you certainly can bring a suit to enforce the sales agreement in the courts of the county where the business is located. Depending on whether the buyer offered any collateral in exchange for the seller financing, it may also be possible to foreclose any such collateral.

    It is a good idea to consult with a business attorney in Georgia to discuss the background of your situation and determine what is the best available course of action for your particular needs and circumstances.

    DISCLAIMER: Please note that this response is not intended to and shall not create an attorney-client relationship with Briskin, Cross & Sanford, LLC or Byron M. G. Sanford, Esq. and are not intended to address the particular situation or circumstances identified int he question to which this response is offered. This response is not intended to serve as legal advice or counsel and is offered solely for educational purposes. Also note that I am licensed to practice law only in the state of Georgia. The information contained in this post is not intended to address any issues which may arise under the state or federal laws applicable to any state other than the state of Georgia.

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