Corporate Counseling

It’s a common question in today’s digital age: “If I can find legal forms and advice online, do I really need a business attorney?” While the internet offers a wealth of templates and general information, relying solely on these resources can lead to serious and costly legal missteps.

The Risks of Using Online Legal Forms Without Professional Guidance

While online legal forms may seem convenient and inexpensive, they often provide a false sense of security. Most templates are generic, designed to cover the most basic and common scenarios—but your business is anything but generic. Every company has its own structure, goals, obligations, and risk profile, all of which should be reflected in its legal documents.

Here are some of the key risks of using online forms without consulting a qualified attorney:

• One Size Does Not Fit All: Legal agreements are highly context-dependent. A clause that may work in one situation could be irrelevant—or even harmful—in another. Without a lawyer’s guidance, you may unknowingly adopt terms that don’t apply to your business or that conflict with your state laws or industry practices.
• Omission of Key Provisions: Online forms often omit essential protections that are critical to your specific situation. For example, they may fail to include terms addressing intellectual property rights, dispute resolution mechanisms, non-compete clauses, or compliance with Georgia-specific regulations.
• Hidden Legal Consequences: Many business owners sign agreements without fully understanding the legal consequences of the provisions they’re accepting. A qualified business attorney can explain what each section means, what obligations you're committing to, and how different provisions may affect your rights and liabilities in the future.
• No Customization or Strategic Input: Online templates cannot provide legal strategy, negotiation insight, or risk assessment. A seasoned attorney doesn’t just draft or review documents—they guide you in structuring deals, avoiding common pitfalls, and protecting your business interests.

The Value of Working With a Business Attorney 

• Tailored Legal Documents crafted to match your specific needs and reduce exposure to legal risk.
• Clear Explanations of what each clause means and how it affects your rights and obligations.
• Proactive Legal Advice that helps you anticipate challenges before they arise.
• Compliance with Georgia Law, including state-specific requirements and industry standards. 

Understanding the distinctions between copyrights, trademarks, and patents is essential for protecting different types of intellectual property. Although all three are legal tools used to safeguard creative and innovative works, they apply to different subject matter and offer distinct types of protection.

A copyright protects original works of authorship such as books, music, artwork, software code, films, and other creative expressions. Copyright protection is automatically granted to the creator as soon as the work is fixed in a tangible form (e.g., written, recorded, or saved digitally). This form of protection gives the creator the exclusive right to reproduce, distribute, display, and perform the work, as well as to authorize others to do the same—often through licensing agreements or transfers. While registration with the U.S. Copyright Office is not required, doing so provides stronger legal remedies, especially in cases of infringement.

A trademark, on the other hand, protects distinctive words, names, slogans, logos, or designs that identify and distinguish the source of goods or services in the marketplace. The primary purpose of a trademark is to prevent consumer confusion and to protect the brand identity of a business. Common examples include brand names like “Nike,” slogans like “Just Do It,” and logos like the swoosh symbol. Like copyrights, trademarks can be established through use in commerce, but federal registration with the U.S. Patent and Trademark Office (USPTO) grants important legal advantages—such as nationwide protection, public notice of ownership, and the ability to bring lawsuits in federal court.

A patent protects inventions or discoveries, including processes, machines, manufactured items, or compositions of matter that are new, useful, and non-obvious. A patent grants the inventor the exclusive right to make, use, sell, or license the invention for a limited period—typically 20 years from the filing date—in exchange for publicly disclosing the details of the invention. The goal of the patent system is to encourage innovation by rewarding inventors while promoting knowledge sharing. Unlike copyrights and trademarks, obtaining a patent is a complex and expensive process that requires a formal application and approval through the USPTO. Due to the technical and legal requirements involved, it is highly recommended that applicants work with a registered patent attorney.

While it's true that you are not legally required to hire a lawyer to prepare a contract, doing so is strongly recommended—especially in complex or high-stakes situations. A corporate attorney brings critical legal insight to ensure that your contract is enforceable, compliant with applicable laws, and tailored to protect your specific business interests. Without professional guidance, even a small drafting error or omission could lead to costly disputes or litigation down the line.
One of the most important reasons to involve a lawyer in contract drafting is to ensure legal validity. While anyone can write a contract, not all agreements are enforceable. A knowledgeable attorney will ensure that the contract includes all legally required elements, such as mutual consent, consideration, and clear terms—ensuring it will hold up in court if a dispute arises. 

Additionally, a corporate lawyer is trained to anticipate risks and protect your interests. Generic contract templates may overlook critical provisions, while a lawyer can craft language specifically suited to your transaction, industry, and business goals. Customization is key to preventing ambiguity and minimizing liability. Moreover, in regulated industries—such as finance, healthcare, or construction—a lawyer can ensure that your agreement complies with all relevant local, state, and federal regulations.

Contract negotiation is another area where legal expertise is invaluable. A lawyer can represent your interests in discussions, offer strategic guidance, and help you navigate contentious terms with professionalism and objectivity. This is particularly useful when negotiating with more experienced parties or when significant money or obligations are at stake.

Furthermore, lawyers bring specialized knowledge that allows them to handle even the most intricate agreements. Contracts involving complex legal terms, multi-party arrangements, or layered contingencies require precise drafting that only a trained legal professional can confidently execute. In the event of a dispute, a well-drafted contract can provide a strong foundation for enforcement in court or during mediation or arbitration proceedings.

You should especially consider hiring a corporate lawyer in the following situations:

• When entering into complex agreements, such as mergers, acquisitions, or licensing deals.
• If the contract involves high financial stakes or potential legal liability.
• When operating in a heavily regulated industry that requires strict legal compliance.
• If you feel uncertain about your rights or obligations under the proposed agreement.
• When negotiating with another party and you need experienced support to reach favorable terms.

Staying compliant with laws and regulations is an essential responsibility for any business, regardless of its size or industry. Legal compliance is not a one-time task—it’s an ongoing process that requires awareness, planning, documentation, and adaptation. A proactive approach helps protect your business from legal penalties, fosters trust with clients and partners, and builds a foundation for long-term success.

The first step in maintaining compliance is to identify which laws and regulations apply to your business. These can vary depending on your industry, location, and business activities. For example, a restaurant will need to comply with health and safety regulations, while a financial services firm will face strict reporting and data protection rules. It’s important to stay informed about legislative changes, regulatory updates, and court rulings that could impact your operations. Subscribing to legal update services or engaging a legal advisor can help ensure you remain up to date. In many cases, consulting with a compliance professional or business attorney is the most efficient way to ensure you're meeting all applicable legal standards.

Once you’ve identified the relevant laws, the next step is to establish clear compliance policies and procedures within your organization. This involves drafting written policies that outline how your business will meet its legal obligations in various areas—such as data privacy, employment, workplace safety, and financial reporting. These policies should be shared with employees and reinforced through training, ensuring that everyone understands their role in upholding the law. You should also maintain detailed records of your compliance activities, including employee training logs, internal audits, and policy updates. Documentation not only demonstrates that you're serious about compliance, but also provides essential proof if your business is ever audited or investigated.

Regular audits and monitoring are key to identifying compliance gaps before they become legal issues. Internal audits allow you to assess whether your current practices align with your policies and the law. In some cases, it may be beneficial to bring in external experts to conduct independent audits, offering an unbiased review of your systems and controls. Compliance also requires ongoing monitoring, especially as regulations evolve or your business expands into new areas. Adjusting your practices in real-time helps you stay ahead of potential problems.

Leveraging technology and automation can make compliance more manageable and efficient. Compliance software tools can help track regulatory requirements, manage documentation, schedule policy reviews, and ensure consistent communication across departments. Automating repetitive tasks—such as generating compliance reports or tracking training completion—reduces human error and saves time.

Finally, maintaining compliance is not solely about policies and procedures—it’s also about fostering a culture of accountability and integrity. Leadership must actively support compliance efforts and set the tone from the top. Employees should be engaged in the compliance process and encouraged to raise concerns without fear of retaliation. By promoting transparency and holding all team members accountable for their actions, you can embed compliance into the fabric of your organization.

Hiring your first employee is a major milestone, but it also comes with a host of employment law responsibilities that should not be overlooked. From the moment you begin the hiring process, you step into a regulated area of law that covers everything from how you advertise the job to how you compensate and manage your employees. Understanding and complying with employment law from the outset is essential to protecting both your business and your employees.

One of the first and most important legal distinctions to understand is the difference between an employee and an independent contractor. Misclassifying a worker can result in serious penalties, including back pay for wages and benefits, taxes, and even fines. Employees are generally entitled to protections under wage and hour laws, while independent contractors are not. Knowing how to properly classify workers according to IRS and Department of Labor standards is a foundational step in lawful hiring.

You'll also need to comply with federal and state labor laws, such as the Fair Labor Standards Act (FLSA), which governs minimum wage, overtime pay, and recordkeeping. Anti-discrimination laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Equal Pay Act prohibit employment discrimination based on race, gender, age, religion, disability, and more. Ensuring your hiring practices are fair and non-discriminatory isn't just good ethics—it’s the law.
Once you’ve hired your employee, you’re responsible for onboarding and proper documentation, which includes completing Form I-9 for employment eligibility verification, filing Form W-4 for tax withholding, and setting up payroll systems in compliance with IRS and state tax obligations. If you're offering benefits, even basic ones like paid time off, you'll also need to ensure compliance with relevant laws such as the Family and Medical Leave Act (FMLA) or local sick leave ordinances.

In addition, you're required to maintain a safe workplace in accordance with Occupational Safety and Health Administration (OSHA) standards. Depending on your business type, you may also need to obtain workers’ compensation insurance and post mandatory labor law notices in your workplace.

To manage your employment relationship effectively and minimize risk, it's wise to create a comprehensive employee handbook. This document should outline workplace policies, employee expectations, benefits, disciplinary procedures, and legal compliance protocols. A clear, well-drafted handbook can help prevent misunderstandings and demonstrate that your business is operating in good faith.

While all of this may seem overwhelming, being proactive about employment law can save your business significant time, cost, and legal exposure in the future. Each business has unique needs depending on its size, industry, and location, which is why it's highly advisable to consult with a qualified business or employment attorney before you hire. With the right legal support, you can lay a strong foundation, avoid common pitfalls, and build a compliant, productive, and positive workplace culture.

Preventing the misclassification of workers is a critical aspect of employment law compliance. Incorrectly classifying an employee as an independent contractor can expose your business to significant legal and financial consequences, including back taxes, penalties, interest, and potential lawsuits. To minimize this risk, it's essential to establish clear classification practices, regularly review worker roles, and seek professional guidance when necessary.

The first step in preventing misclassification is to establish clear company guidelines that define the criteria for classifying workers. This involves understanding the legal differences between employees and independent contractors—focusing on factors such as the degree of control the company exercises over the worker, how the worker is paid, whether benefits are provided, and how integral the worker’s role is to the business. These guidelines should be written, consistently applied throughout the organization, and regularly updated to reflect changes in state and federal regulations, including IRS rules and Department of Labor standards. It's also important to ensure that all departments involved in hiring, onboarding, and managing workers are trained on these criteria and follow them uniformly.

In addition to written guidelines, businesses should conduct regular internal audits to assess whether workers are accurately classified based on their actual roles and responsibilities. This includes reviewing job descriptions, the nature of daily tasks, and how much independence the worker has in carrying out their duties. If job roles have evolved over time, it may be necessary to reclassify individuals whose functions now fall under employee status. Scheduling periodic HR compliance reviews can help identify potential misclassification issues early and ensure that your employment practices remain aligned with legal requirements.

Because classification can sometimes be complex—especially in cases involving flexible or hybrid roles—it is wise to seek legal or tax counsel when in doubt. Experienced employment attorneys can help evaluate ambiguous situations and provide clarity based on the most current laws and guidance. Having legal professionals review independent contractor agreements can ensure that the contract accurately reflects the nature of the relationship and does not unintentionally suggest an employment relationship. Understanding the potential penalties for misclassification—which can include retroactive payment of wages, overtime, taxes, and fines—can also help underscore the importance of diligent compliance.

Another important safeguard is to document your decision-making processes regarding worker classification. Maintain detailed records of job descriptions, contracts, work arrangements, and the specific factors considered during the classification process. This documentation can serve as evidence of a good faith effort to comply with the law should the classification be challenged in a tax audit or legal proceeding.

Ensuring contract compliance is essential to protecting your business relationships and avoiding costly disputes or legal actions. A well-drafted and properly managed contract not only clarifies each party’s obligations but also serves as a roadmap for performance. Preventing breaches begins with thoughtful planning, clear communication, and consistent oversight throughout the life of the contract.

The first step in promoting compliance is to ensure the contract contains clear, detailed, and legally sound terms. Contracts should use explicit and unambiguous language to define the rights, duties, deliverables, and deadlines expected of all parties. Avoid vague or open-ended clauses that could lead to differing interpretations and, ultimately, disagreements. It is important to clearly state the scope of work, timelines, payment terms, penalties, and any performance conditions relevant to the agreement. A contract that leaves nothing to assumption sets a solid foundation for accountability.

Establishing clear expectations among the involved parties is also vital. This includes assigning specific roles and responsibilities and developing mechanisms to track progress against agreed-upon benchmarks and deadlines. Maintaining open and ongoing communication helps ensure that everyone remains aligned and gives all parties the opportunity to address concerns early—before minor issues escalate into breaches.

Equally important is ensuring the contract is legally valid and compliant with applicable laws and regulations. This involves a careful review of the language used and a thorough understanding of each party's legal obligations. If any part of the contract seems unclear or uncertain, it is wise to consult with a legal professional who can provide guidance on interpretation, enforceability, and risk mitigation. Legal counsel is especially helpful when contracts involve complex transactions or regulatory requirements.

A proactive approach to risk management further strengthens contract compliance. Businesses should consistently monitor performance against contract terms, identifying potential issues before they arise. Regular check-ins, performance tracking, and early corrective action help to mitigate the chances of non-compliance. If deviations from the contract occur, they should be addressed swiftly and constructively, with a view toward preserving the business relationship.
Effective communication and documentation are key components of this process. All agreements, changes, and discussions related to the contract should be well-documented, including meeting notes, emails, and amendment notices. Utilizing tools like email, messaging platforms, or project management software ensures that communications are centralized and accessible. This documentation becomes crucial if a dispute arises, as it can demonstrate good faith efforts and a consistent commitment to the contract.

To streamline compliance efforts, businesses should consider adopting contract management tools. These platforms allow users to centralize contract data, digitize key obligations, and automatically track deadlines and deliverables. Features such as automated reminders, secure storage, and searchable databases reduce human error and make it easier to manage multiple agreements effectively.

Finally, conducting regular contract audits and reviews helps ensure that agreements remain relevant and compliant over time. These reviews can uncover deviations from terms, lapses in performance, or outdated clauses that need revision. Staying current with legal and regulatory changes also ensures that contracts evolve in line with industry standards. Any compliance issues identified during audits should be addressed promptly to maintain trust and avoid potential liability.

Having a buy-sell agreement in place is a wise and often essential decision for any business with multiple owners. This legally binding agreement outlines how an owner’s share of the business will be reassigned in the event of certain triggering events, such as death, disability, retirement, divorce, or voluntary exit. By proactively establishing the terms for ownership transitions, a buy-sell agreement serves as a powerful tool for preserving business continuity, avoiding disputes, and protecting all parties’ financial and legal interests.

One of the primary advantages of a buy-sell agreement is that it guarantees a buyer for the ownership interest of a departing or deceased owner. This eliminates the risk of a “fire sale” or of shares being transferred to heirs or third parties who may not be aligned with the business or qualified to participate. Instead, the agreement facilitates a structured, predictable transfer of ownership, ensuring that the remaining owners retain control and that the business remains stable during times of transition.
Another significant benefit lies in estate and tax planning. A properly drafted buy-sell agreement can include a predetermined valuation method or establish a formula for calculating the value of a departing owner’s interest. This valuation can be accepted by tax authorities as the fair market value for estate tax purposes, which can simplify probate and reduce potential conflicts among heirs. Additionally, when funded with life insurance, a buy-sell agreement provides liquidity—allowing the surviving owners or the business entity to purchase the departing owner’s interest without dipping into business reserves or personal assets.

From a business operations standpoint, a buy-sell agreement plays a crucial role in ensuring continuity and stability. By clarifying what happens when an owner leaves the business, it avoids disruptions in leadership and provides a clear plan for moving forward. It also helps to resolve conflicts before they arise by defining expectations, outlining responsibilities, and eliminating ambiguity over the ownership transfer process.

There are several structures for buy-sell agreements. In a cross-purchase agreement, each owner agrees to buy out the interest of the other in the event of a triggering event. In contrast, an entity-purchase agreement (also known as a stock redemption plan) has the business itself purchase the departing owner’s interest. A hybrid agreement blends elements of both structures, giving the business the first option to buy the interest, with remaining owners having a secondary option.
When drafting a buy-sell agreement, it’s important to consider several key factors. First is funding—how the buyout will be financed. Life insurance is a common funding method, but other options include company reserves or structured payment plans. Second is valuation—whether the business will be appraised at fair market value, book value, or another predetermined formula. Third are the triggering events, which should be clearly defined to include scenarios such as death, long-term disability, divorce, bankruptcy, or voluntary exit. Lastly, the agreement should outline restrictions on ownership transfers, such as the requirement to offer shares to existing owners before seeking outside buyers (preemptive rights).

While a buy-sell agreement is incredibly valuable, it’s not without potential drawbacks. The agreement can be complex to draft and typically requires the involvement of both legal and financial professionals to ensure it is thorough, enforceable, and tailored to the specific needs of the business. There are also costs associated with maintaining and periodically updating the agreement as the business grows or ownership changes. Additionally, such agreements can place restrictions on an owner’s ability to sell their interest freely, which may limit flexibility in certain scenarios.

Ensuring cybersecurity and privacy compliance is a fundamental responsibility for businesses in today’s data-driven and highly regulated environment. Whether your company handles customer information, financial data, health records, or internal trade secrets, you must take proactive steps to protect that information and comply with applicable laws and regulations. Compliance is not just a legal necessity—it’s also a critical element of risk management and trust-building with clients, employees, and stakeholders.

The first step is to understand which laws and regulatory frameworks apply to your organization. The nature of your business, its geographic location, and the types of data you process will dictate your compliance obligations. For example, healthcare entities must comply with the Health Insurance Portability and Accountability Act (HIPAA), businesses that process credit card payments must meet Payment Card Industry Data Security Standards (PCI DSS), and companies dealing with EU residents’ personal data are subject to the General Data Protection Regulation (GDPR). Failing to identify applicable laws can result in significant fines and reputational damage, so this step is essential.

Once you know your legal obligations, the next step is to conduct a comprehensive risk assessment. This involves evaluating your IT systems, operational processes, and data flows to identify potential vulnerabilities and threats. A thorough risk assessment will consider what data is most sensitive, where it resides, who has access to it, and how it’s protected. By prioritizing the risks that could have the most serious consequences, businesses can allocate resources more effectively and implement stronger safeguards.

To protect your systems and information, you must implement a robust set of technical, administrative, and physical security controls. These may include firewalls, antivirus software, multi-factor authentication, intrusion detection systems, secure configurations, and data encryption. Administrative controls such as role-based access, data classification procedures, and change management protocols are equally important. These security measures not only reduce the risk of data breaches but also demonstrate good faith efforts to meet compliance requirements.

Equally important is the development of formal cybersecurity policies and procedures. These documents should address key areas such as data protection, password management, access control, acceptable use, and incident response. Policies should be clear, practical, and aligned with both legal requirements and organizational practices. Once created, they must be communicated to all staff and enforced consistently to be effective.

Employee training and awareness is another critical layer of defense. Human error is one of the leading causes of security breaches, so it’s vital to equip your team with the knowledge and tools they need to recognize threats like phishing attacks or social engineering attempts. Regular, role-specific training sessions and simulated incident drills help employees understand their responsibilities and how to act quickly in the event of a breach.

Maintaining compliance also requires ongoing monitoring and auditing of security controls. This includes logging and analyzing security events, reviewing access logs, performing vulnerability scans, and conducting internal or third-party audits. By regularly assessing your security posture, you can detect weaknesses early and make informed decisions about policy or system changes. This continuous oversight helps ensure your controls remain effective and your organization remains prepared.

Lastly, it’s important to recognize that cybersecurity and privacy compliance is not a one-time project—it’s a continuous and evolving process. Laws, technologies, and threat landscapes are constantly changing, so your compliance strategies must evolve as well. Regularly reviewing and updating your policies, procedures, and controls will help your organization stay aligned with current regulations and best practices.

Minimizing liability for workplace accidents is not only a legal imperative but also a key aspect of maintaining a safe, productive, and positive work environment. Employers have a duty to provide a safe workplace, and failure to meet this obligation can result in serious consequences, including lawsuits, regulatory fines, increased insurance premiums, and reputational damage. 

Proactive risk management through safety planning, employee education, and consistent enforcement is the best way to reduce the likelihood of accidents and protect your organization.
The first step is to develop and implement comprehensive safety protocols. This includes establishing clear workplace safety rules, detailed procedures for handling hazards, and clearly defined emergency response plans. These documents should be accessible to all employees—both physically and digitally—and written in a way that is easy to understand. They must also be tailored to your specific work environment and regularly reviewed and updated as necessary.

Safety training is another cornerstone of accident prevention. Employees should be educated on potential workplace hazards, how to use tools and equipment safely, and what to do in the event of an emergency. This training should be provided during onboarding and reinforced with periodic refresher courses. Specialized training may also be required for higher-risk tasks or roles. Demonstrating a commitment to training not only helps reduce incidents but also shows that the employer is taking its safety obligations seriously.

To ensure that hazards are identified and addressed before they result in injury, it's important to conduct regular workplace inspections. These inspections should include evaluating equipment, machinery, walkways, and workstations for compliance with safety standards. Identifying and correcting issues proactively demonstrates due diligence and helps mitigate risks. Alongside inspections, you should also maintain and service all equipment regularly, as poorly functioning or defective machinery is a common cause of workplace injuries.

Personal protective equipment (PPE) must be provided and properly used wherever required. Employers should enforce policies that mandate the use of PPE—such as hard hats, gloves, eye protection, or respiratory gear—based on the specific tasks being performed. Providing the necessary equipment and ensuring it is worn correctly is a critical component of liability prevention.

Beyond procedures and equipment, fostering a culture of safety is essential. Employees should feel comfortable reporting hazards, voicing concerns, and participating in safety improvement initiatives without fear of retaliation. This requires strong leadership support and clear communication channels between staff and management. Employees should be empowered to prioritize safety—even if it means pausing or adjusting a task.

It’s equally important to document your safety efforts. Maintain thorough records of employee training, safety meetings, equipment maintenance, and incident reports. In the event of a workplace accident or a regulatory investigation, these documents can serve as vital evidence of your organization’s proactive efforts to create a safe environment. Also, respond to safety complaints promptly and seriously, as ignoring reported hazards can significantly increase legal liability.

Another key strategy is to analyze past incidents and near-misses to identify trends and root causes. Learning from these events helps prevent similar issues in the future and demonstrates a commitment to continuous improvement. Finally, staying current with industry-specific safety regulations and best practices ensures your business remains compliant and effective in its safety approach. This may include following OSHA standards, attending industry safety workshops, or subscribing to safety bulletins.

Transactional law and litigation are two distinct areas of legal practice, each serving different functions and requiring different skill sets. Transactional lawyers focus on helping clients conduct business and achieve legal compliance through planning, documentation, and negotiation. Their role is largely proactive—they work to anticipate legal risks and avoid disputes before they arise. This often includes handling mergers and acquisitions, drafting contracts, structuring corporate entities, advising on regulatory compliance, and managing commercial real estate or financing transactions. Their goal is to build legally sound relationships and business structures that minimize conflict and protect their clients’ interests.

In contrast, litigators are the lawyers who represent clients when legal disputes do arise. Their practice is reactive and adversarial by nature, centered on resolving conflicts through the court system or alternative dispute resolution methods like arbitration or mediation. Litigation involves drafting pleadings, conducting discovery, arguing motions, negotiating settlements, and, when necessary, representing clients in court trials. Litigators are often called upon to enforce contractual rights, defend against claims, or challenge regulatory decisions. Their focus is on securing favorable outcomes for clients who are already in or at risk of being drawn into a legal battle.

The core distinction lies in their respective approaches: transactional attorneys aim to prevent problems through careful planning and documentation, while litigators are problem-solvers who intervene once a dispute has already surfaced. Transactional practice is more focused on detail-oriented drafting and negotiation, whereas litigation demands advocacy, strategic thinking under pressure, and familiarity with courtroom procedures.

Both areas are critical to the legal profession. A well-structured contract by a transactional lawyer can prevent future litigation, and a skilled litigator can resolve disputes effectively when prevention fails. In many cases, businesses rely on both—transactional lawyers to build the foundation, and litigators to defend it when challenged.