Dana Holsomback Joins BRAWW as Firm Administrator
We are pleased to announce the addition of Dana Holsomback to the Firm as our new Firm Administrator. Dana is responsible for overseeing the daily operations and management of all administrative areas of the Firm. She brings more than 20 years of legal and financial management, strategic planning and operational insight with her.
Dana received an M.B.A. and B.S. from Brenau University and is a member of the Atlanta Association of Legal Administrators.
Outside of work, Dana enjoys camping, time at the lake, gardening, and spending quality time with her two grown sons and close friends.
Dana Holsomback can be reached at (404) 564-7461 and dholsomback@brawwlaw.com.
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Ten BRAWW Attorneys Recognized as 2025 Georgia Super Lawyers and Rising Stars
ATLANTA, February 14, 2025 — Bodker, Ramsey, Andrews, Winograd & Wildstein, PC (BRAWW) is pleased to announce, ten of the Firm’s attorneys have been recognized as 2025 Georgia Super Lawyers and Rising Stars.
The BRAWW attorneys named to the 2025 Georgia Super Lawyers and Georgia Rising Stars lists, along with the practice areas in which they were selected are:
Super Lawyers
- Brian D. Bodker for Business/Corporate
- Tim J. Ramsey for Business/Corporate
- Harry J. Winograd for Business Litigation
- Robert D. Wildstein for Business Litigation
- John H. Killeen for Family Law
- Jessica J. Wood for Business Litigation
- Jacob A. Maurer for Business Litigation
- Tom Rosseland for International
- Steve C. Andrews for Family Law
Rising Stars
- Christopher P. Day for Business/Corporate
Super Lawyers, part of Thomson Reuters, 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 annual selections are made using a patented, multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.
For more information on the attorneys listed above, please visit www.brawwlaw.com
Read MoreBRAWW Attorney Recognized in 31st Edition of The Best Lawyers in America
Bodker, Ramsey, Andrews, Winograd & Wildstein is pleased to announce founding member and managing partner, Tim Ramsey has been recognized in the 31st Edition of The Best Lawyers in America for his work in real estate law. Inclusion in Best Lawyers® is based on a rigorous peer-review survey comprising more than 9.4 million confidential evaluations by top attorneys. The award utilizes a transparent methodology of peer review based on the philosophy that the best lawyers know who the best lawyers are. With this distinction, they rank among the top 5 percent of private practice attorneys nationwide. Best Lawyers is a credible measure of legal integrity and distinction in the United States. As such, recognition by Best Lawyers symbolizes excellence in practice.
Read MoreBodker Ramsey Andrews Winograd & Wildstein Attorney Harry J. Winograd Honored with the 2024 Atlanta Bar Association Charles E. Watkins Jr. Award
ATLANTA, GA, May 21, 2024—Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C. attorney Harry J. Winograd, a principal with the firm, has been bestowed with the highest service honor of the Atlanta Bar Association, the Charles E. Watkins Jr. Award. The award annually recognizes an attorney’s distinctive and sustained service to the Atlanta Bar Association and to the legal profession. The Bar will celebrate Winograd and the honorees of its other awards at its 2024 Annual Meeting & Awards Breakfast on May 23 in Atlanta.
Winograd is a commercial litigator and an active member of the legal community. He has over four decades of experience representing businesses and individuals throughout the country in all stages of trials and arbitration. As a longtime member of the Atlanta Bar Association, he serves as Co-Chair of the Editorial Board for the Bar’s “The Atlanta Lawyer” magazine. Winograd is the co-author of “Georgia Business Litigation,” a legal resource book in which he covers “Limited Liability Company and Partnership Litigation.” He also provides training to America’s future trial attorneys as an Adjunct Professor for his alma mater, Emory University School of Law, in the Kessler-Eidson Trial Techniques Program.
Among additional honors, Winograd has been recognized as a Georgia Super Lawyer each year since 2004. He is AV Preeminent-rated by Martindale Hubbell and its Judicial Edition, 10-rated by AVVO, and named to the “Georgia Trend” Legal Elite.
“This award is a testament to Harry’s dedication, integrity, professional excellence, and unwavering support of current and next generation lawyers,” said Brian Bodker, principal of Bodker Ramsey Andrews Winograd & Wildstein. “As a leading litigator and pivotal member of the Atlanta legal community, Harry has significantly contributed to the advancement of the profession and betterment of the Atlanta Bar. Our firm is proud of his work and its positive impact on countless community members and businesses in our region.”
“I am deeply honored to receive the Charles E. Watkins Jr. Award,” said Harry Winograd. “This recognition is a reflection of the collective efforts of my colleagues and the supportive community of the Atlanta Bar Association. I am committed to continuing our collaboration to uphold the values of justice and service.”
For more information, please visit brawwlaw.com.
About Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C.
Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C. was founded in 1986 by law school classmates who shared a common approach for practicing law and a passion for providing clients with creative and pragmatic solutions to their legal needs. The firm’s practice encompasses business and general civil litigation, commercial real estate, creditors’ rights and bankruptcy, debt collection, divorce and family law, employment, finance, general business transactions, mergers and acquisitions, and trust and estate litigation. The firm serves a national client base and provides counsel to international clients as well.
Read MoreBusiness Formation Decisions: Comparing Different Business Structures and Their Legal Implications
Starting a business involves making crucial decisions, one of which is selecting the right business structure. This choice can significantly impact your business operations, legal protections, and tax obligations. Below is a quick guide to help you understand the options available and their respective legal ramifications. As always, these decisions are nuanced and require careful consideration. Our BRAWW corporate attorneys can guide you on the business form
ation that is right for you and your business.
Sole Proprietorship: Ideal for individual entrepreneurs, this structure is straightforward but comes with personal liability for business debts. Its simplicity makes it a popular choice for many starting their business journey.
Partnership: A partnership involves two or more individuals sharing responsibilities, profits, and liabilities. It’s vital to have a partnership agreement in place to outline each partner’s role and protect all parties involved.
Corporation (C-Corp): This structure offers limited liability protection, separating personal assets from business liabilities. However, it involves more complex regulations and potential double taxation, as both the corporation and the shareholders are taxed.
S Corporation: An S-Corp provides similar protections to a C-Corp but with different tax benefits. Profits and losses can pass through to your personal tax return, avoiding double taxation. However, it has limitations on the number and type of shareholders.
Limited Liability Company (LLC): Combining elements of partnerships and corporations, LLCs offer flexibility, limited liability, and various tax options. They are preferred for their less stringent operational requirements compared to a corporation.
Each structure has its unique features, benefits, and legal implications. Your choice should align with your business goals, operational style, and risk tolerance. Remember, the right foundation can set your business up for success.
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Cyber Security Tips to Protect Privacy and Stay Safe Online
October is Cyber Security Month. Here are some quick reminders to protect your privacy and stay safe online.
Cyber Insurance is readily available and can cover a range of cyber crimes: Cyber attack coverage (pays for the removal of a virus and reprogramming of desktops, laptops, smartphones, tablets, Wi-Fi routers and other internet access points, such as smart home devices and security systems); Cyberbullying coverage (helps you deal with online harassment that results in wrongful termination, discipline from school, temporary relocation expenses, temporary private tutoring, lost wages and legal expenses); Cyber extortion coverage (helps you recover from ransomware attacks that block you from accessing your personal data and demanding a fee to regain control); Data breach coverage (helps pay for services if personal data entrusted to you is lost, stolen or published); Online fraud coverage (pays for direct financial losses due to problems like identity theft, unauthorized banking or credit card transfers, phishing schemes and other types of fraud). Many companies offer cyber insurance, and some companies offer special packages or rates in combination with your homeowner insurance, antivirus software, or identity theft protection services. If you have insurance, review your policy for important terms and renewal dates. If you don’t have insurance (or aren’t sure), check with your insurance broker, antivirus or identity theft provider for available plans.
Tips to prevent Cyber Attacks. Use antivirus software and an identity theft protection service. Use two-step authentication for logins. Change passwords periodically, use strong passwords with letters, numbers and characters, and don’t use the same password for multiple logins. Use a password manager to keep track of your passwords. Use safe payment methods for online shopping, such as PayPal or a credit card. Keep your computer, devices and applications updated. Backup digital data to a cloud service or separate hard drive.
If your computer is infected (or lost), isolate the infected device, power it off, and remove from your network. Isolate or power off other devices on the network. Take backup data offline. Change all account passwords using a secure device. Contact law enforcement or the FBI Internet Crime Complaint Center (IC#3 at www.ic3.gov
Wire Fraud is Rampant. Cybercriminals are hacking or spoofing email accounts and sending messages with fake wiring instructions.
These messages are convincing and sophisticated. Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number.
Read MoreNaked Licensing in Intellectual Property: Striking a Balance between Brand Expansion and Quality Control
Naked licensing occurs when a trademark owner licenses their mark to another party without actively maintaining the necessary quality control over the products or services associated with the licensed mark. When a trademark owner licenses their mark without enforcing quality standards, they risk diluting the distinctive character and tarnishing the reputation of the brand. This practice raises profound legal and practical implications that can impact brand value, consumer perception, and the very essence of trademark protection.
What Are the Benefits of Naked Licensing?
- Brand Expansion: Naked licensing can allow a trademark owner to rapidly expand their brand’s reach by licensing it to various products, services, or markets. This can lead to increased brand visibility and recognition.
- Revenue Generation: Licensing a trademark without stringent quality control may attract more potential licensees, thereby generating higher licensing fees and royalties for the trademark owner.
- Reduced Costs: By not imposing rigorous quality control measures, the licensor may save costs related to monitoring, audits, and other quality assurance efforts.
- Market Penetration: Naked licensing might facilitate entry into new markets where the licensee has better market knowledge or distribution channels. This can help the brand quickly establish a presence in previously untapped regions.
- Small-Scale Operations: In cases where the trademark owner is not concerned with maintaining a consistent brand image, such as small local businesses, naked licensing could be a simpler and cost-effective option.
- Specific Licensing Goals: In some instances, a trademark owner might prioritize revenue generation over long-term brand protection, making naked licensing a strategic choice.
What Are the Risks of Naked Licensing?
- Trademark Dilution: Without quality control, the licensed mark’s distinctiveness can erode over time. Consumers may associate the mark with varying levels of quality, leading to dilution of its uniqueness and impact.
- Loss of Trademark Rights: Courts have ruled that trademark owners who fail to exercise proper quality control over their licensed marks may lose the legal right to enforce and protect those marks against infringers.
- Consumer Confusion: Inconsistent quality among products or services bearing the licensed mark can confuse consumers and diminish their trust in the brand, potentially leading to decreased sales and brand loyalty.
- Infringement Claims: In cases of poor quality control, third parties may challenge the validity of the trademark, asserting that the owner is not actively using and controlling the mark as required by law.
- Brand Erosion: Naked licensing can lead to a decline in the brand’s value and perception, as consumers may no longer associate the mark with consistent quality. Negative consumer experiences stemming from poor quality can damage the trademark owner’s reputation, affecting their overall business operations.
- Consumer Protection Lawsuits: Consumers who purchase products or services associated with the licensed mark may have legal grounds to sue if they experience dissatisfaction or harm due to inadequate quality.
- Damaged Business Relationships: Licensees may become dissatisfied if the licensed mark’s reputation suffers due to inadequate quality control, leading to strained business relationships.
- Limited Long-Term Growth: While there might be short-term gains, the long-term implications of naked licensing can limit the brand’s potential for sustainable growth and global recognition.
How to Avoid the Risks of Naked Licensing?
There are a few things that licensees can do to avoid the risks of naked licensing. Here are some tips:
Get legal advice: Before entering into a naked licensing agreement, it is important to get legal advice from an attorney. An attorney can help you understand the risks involved and negotiate the terms of the agreement to minimize those risks.
Understand the Intellectual Property: Make sure that you understand the intellectual property that you granting the right to use. You should also understand the limitations on your use of the IP.
Get everything in writing: The licensing agreement should be in writing and should clearly set out the terms of the agreement, including the rights and obligations of both parties.
Naked licensing serves as a stark reminder that a trademark’s value extends beyond its legal protection to the perceptions and trust it evokes in consumers. Bodker, Ramsey, Andrews, Winograd & Wildstein P.C. is available to assist our clients with upholding quality control measures within licensing agreements. Please contact Amit Patel or your regular Bodker, Ramsey, Andrews, Winograd & Wildstein P.C. attorney for further information.
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Get Ready: New Reporting Requirements under the Corporate Transparency Act
By Amit Patel
Effective January 1, 2024, almost every small business will be required to submit an information return to the government. A new rule under the Corporate Transparency Act of 2019 requires most companies operating in the U.S. to submit a report as to “beneficial ownership” to the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). With limited exceptions, the disclosures required by the rule applies to both new and existing business entities.
“Beneficial ownership” includes any individual who, directly or indirectly, owns twenty-five percent (25.0%) or more of the ownership interest in a company. It also includes any individual who exercises substantial control over the company. “Substantial Control” includes any senior officer of the company, anyone who has authority over the appointment or removal of any senior officer or a majority of the board of directors of the company, anyone who has substantial influence over important decisions by the company, or anyone who has any other form of substantial control.
Who Needs to Report?
The rule applies to entities like:
- Corporations
- Limited liability companies
- Limited liability partnerships
What Information is Required?
The reporting requirements for each Beneficial Owner include:
- Full legal name
- Date of birth
- Current address
- Unique identifying number (e.g., passport or social security)
- Document image (drivers license or passport) containing the unique identifying number
When to File?
Companies created before January 1, 2024, have until January 1, 2025, to file initial reports. New companies formed after January 1 must file within 30 days of company creation. If there are changes during the year, updated reports must be filed within 30 days.
How Can We Help?
Bodker, Ramsey, Andrews, Winograd & Wildstein P.C. can help minimize your legal risk and maintain your entity’s reputation. We offer support at every step, including:
- Determining Reporting Company status
- Identifying beneficial owners
- Preparing for the Corporate Transparency Act implementation
- Training compliance and operations teams
Contact a member of our Corporate and Transactional Practice to ensure your compliance with the Corporate Transparency Act’s beneficial ownership reporting requirements.
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Harry Winograd Co-Authors “Limited Liability Company and Partnership Litigation” Chapter of the 2024 Edition of Georgia Business Litigation
BRAWW principal Harry J. Winograd recently co-authored the “Limited Liability Company and Partnership Litigation.” chapter in the 2024 Edition of Georgia Business Litigation.
Georgia Business Litigation, a comprehensive one-volume guide, addresses the various matters encountered by business litigators. This authoritative resource is authored by a panel of seasoned Georgia litigators and arbitrators.
Harry represents businesses and individuals throughout the country in all stages of litigation and arbitration in state and federal courts involving LLC and corporate break-ups, restrictive covenants in executive employment (non-competes and no solicitation), trade secrets, breach of contract, breach of fiduciary duty, business divorces, business management and internal succession.
For more information on Georgia Business Litigation, please click here.
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