The Lyman Firm - September 2022

The Lyman Firm - September 2022

A Time to Give Back It’s International Day of Charity The Truth About Lyman Beginning a Journey Starts with Dedication to Transparency 2860 Piedmont Road, Suite 275, Atlanta, GA 30305 lymanfirm.com The Lyman Firm Newsletter TELEGRAPH Amicus Curiae www.LymanFirm.com 404-267-1986 February 2019 The Lyman Firm Newsletter T: 404 267 1986 F: 470 745 0699

SEPTEMBER 2022

G eorgia is a blue-collar state — a grassroots mix of farmland,

Giving to charity is one of the most selfless acts one can do. While people may ask us to donate to a particular charity, it’s never mandatory, so each donation is a choice made by the individual to give to a greater cause. Every donation makes a difference whether you’re donating your old clothing to The Salvation Army or giving money to your local school district. At the beginning of September, we celebrate International Day of Charity, which provides the perfect opportunity to research some charitable organizations that reflect our values and make a pledge. I donate to various causes. Sometimes I’ll focus on a local cause like donating money to my kid’s swim team so they can afford whatever they may need each year. They were able to buy new lane ropes to get the pool perfect for upcoming meets with our donation this year. Other times, we’ll donate to a larger cause. Whenever a natural disaster strikes, we’re sure to make a donation to the Red Cross, and we also made a donation to the International Red Cross when the Ukraine conflict first began. So many different charities are in need of money or supplies that it becomes easy to find causes to get behind. Plenty of people out there want to hold onto all of their money, but I always like to give back where I can. The more you can give back on the local level, the more the community will thrive and the people around you are going to benefit. It all comes back to the idea of shared success. If I’m successful in what I’m doing, I can give back to the community to help it rise up so it becomes a better place to live, work, and raise a family. We’ll even donate to the local police department occasionally to help make our community safer. By donating to organizations you believe in, you can make a difference in your community. “I believe one person can be the face of a greater “If I’m successful in what I’m doing, I can give back to the community to help it rise up so it becomes a better place to live, work, and raise a family.” heroes — I work for as I drive our cases forward to the fullest extent within our legal system, fighting for what’s right.” mountains, and urban development representing ever-expanding opportunities. Being a native of North Atlanta, I have spent most of my life in this fair state, cultivating both my character and my profession as I grew up. Now, I have a distinct opportunity to help those around me in ways I hadn’t anticipated in my younger days. I lead The Lyman Firm as a proud curator of justice for the everyday person, somebody who might not have gotten a fair shake before they met me. I believe one person can be the face of a greater movement, and these are the everyday people — the heroes — I work for as I drive our cases forward to the fullest extent within our legal system, fighting for what’s right. My passions weren’t always for courtroom thrills, though. Growing up in Smyrna, I sought to chase a different kind of rush: the roar of the racetrack. I wasn’t half bad either, eventually taking my hobby for auto racing from amateur status in 2004 all the way to semi-pro in 2007. Unfortunately, like so many other things that went down along with the economy the following year, my racing career crashed in 2008. Shattered by the abrupt end to my racing journey due to a lack of financing, movement, and these are the everyday people — the

James and three-year-old daughter Cleo — I am fully immersed in the fun-loving, homely, and exciting life of my family. They are my foundation, and without them nothing would be possible. But I also have a second family of sorts in my clients, whom I treat with the respect and attention a person is owed whenever they find they’re backed in a corner and need help. The pleasure I get from representing good, honest people in the courtroom is unrivaled when compared to the other fields of profession I’ve engaged in life. Oftentimes, I ask a client to share the names of the attorneys they’ve worked with on other cases. Almost none of them are able to muster an answer — the names of their lawyers completely lost in the tides of life’s trials.

I began to look for a new avenue to pour my passions into.

As we grow older and further away from our teens and 20s, we begin to realize that life isn’t always about going fast, both literally and metaphorically. It was during my post racing downtime that I realized I wanted to go back to school at Georgia State. After spending years as a writer and editor, I discovered and followed my newfound calling and began practicing law after graduating from law school. After years of unparalleled grit, drive, and success in the field of law, I was fortunate enough to be able to open my own practice in January of 2018. This new venture has even allowed me to work alongside my brother, a paralegal and case manager, in what has been one of the most exciting periods of my life. For now, our plans for the future include an imminent expansion of the firm and growing the company in ways that still allow us to keep our fundamental values and operations in check.

People often assume these organizations and charities have plenty of money to fund their own efforts, but that’s not always the case. For many of these organizations, every donation helps no matter the amount. Even if you don’t have money to give, there are still other ways you can help out. I’m one of the presidents of the elementary school foundation board at the school my kids attend, so I’ll often donate some extra money to help teachers get the supplies they need. I also lead a dads’ group at the school, and we’re constantly trying to get people to donate some of their time to help out. We have people come in who want to help but don’t have money to give, so they’ll work the carpool line or find other ways to help out. Whenever school functions take place in the evening, we’ll have people donate their time to help ensure the event runs smoothly. You don’t have to give money to be charitable; you can give your time and effort and still make a difference. Nobody is charitable by accident. You have to make a conscious decision to give your time, money, or effort to these organizations or causes. It’s never too late to make a donation to a worthy cause. Find an organization that aligns with your values and get involved! -Thomas J. Lyman That’s when I tell them that there are a million different lawyers out there doing a million different things, but when I take on your case for a serious injury or a wrongful death suit, you’ll remember me as a man who gave you the best possible chance while shooting you straight every step of the way.

At home with my wife Lindsay beside me, and our two children — our five-year-old son

-Thomas Lyman www.LymanFirm.com | 1

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Thinking Outside the Bun Leads to Legal Action The Story of 50 Cent vs. Taco Bell

In 2008, rapper 50 Cent filed an unlikely lawsuit against the fast- food chain Taco Bell. Was it an endorsement deal gone wrong? Quite the opposite. According to the rapper, the company had implied an endorsement deal in the media when there was none. Taco Bell, known for their quirky and humorous ads, had released a print ad formatted as a faux “letter” to 50 Cent, requesting that 50 Cent change his name to 79, 89, or 99 Cent as a part of their latest promotion. The letter reached the national press and even television … except for 50 Cent’s actual mailbox. In fact, 50 Cent had no idea Taco Bell used his name. By releasing the letter, 50 Cent became the face of Taco Bell’s whole campaign, too. The letter was part of a larger hip hop-themed campaign, and customers could go to the Taco Bell website and participate in a “Rap Name Creator” to discover their rap name. They also had a “Why Pay Mo’ Rhyme Generator” that played hip hop music and a montage of “hip hop-themed scenes,” according to the rapper’s lawyer, Peter D. Raymond.

— filed a federal lawsuit saying they featured the rapper in an ad campaign without his permission and profited directly from his celebrity status without paying him a multimillion-dollar fee. Raymond said his client sought $4 million in damages.

In response, Taco Bell Corp. spokesman Rob Poetsch issued a statement saying: “We made a good faith, charitable offer to 50 Cent to change his name to either 79, 89 or 99 Cent for one day by rapping his order at a Taco Bell, and we would have been very pleased to make the $10,000 donation to the charity of his choice.” In the end, both sides settled, keeping the terms of the settlement confidential and paying their own legal fees. So, it’s possible that 50 Cent was paid after all, but we’ll never know the exact terms of their legal agreement, except “both sides are satisfied,” according to Raymond. Since then, more companies have been careful about using celebrity names in their marketing without permission. It pays to think inside the bun, after all.

As soon as 50 Cent found out about the letter on the news, he wasn’t happy. On July 23, 2008, 50 Cent — whose real name is Curtis Jackson

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Step 2: Consider hiring an attorney.

• Legal representation. If you have an attorney — and a debt collector knows this — they aren’t allowed to contact you. They must contact your attorney instead. If you are called by a debt collector while you have legal representation, make sure to give them your attorney’s information. When a debt collector calls, they should identify themselves as a debt collector. Afterwards, they’re required to state the amount owed, that you can dispute the debt, and that you can request the name and address of the original creditor (if different from the current

You may want an attorney as soon as you can, so you can receive the best guidance possible. A lawyer will be your advocate when collectors engage in harassment or communication that is abusive, threatening, or deceptive. What is harassment? It includes using profane language; threatening bodily harm; misrepresenting what you owe; making false claims that you could be arrested; threatening your property; making repeated attempts to contact you or calling you anonymously; or, as mentioned earlier, failing to state debt and creditor information on the call as required by FDCPA.

creditor). They should also tell you that any information provided to them in your calls, emails, or other communication will be used in their efforts to collect the debt. There are even more restrictions on who they can call, so make sure to research for yourself if your loved ones begin receiving calls from your debtor.

Step 3: Report any violations to the FTC.

The Federal Trade Commission (FTC) has an online website for reporting FDCPA violations, but your attorney can help with this as well. Take a look at FTCComplaintAssistant.com . We hope this helps our readers to stay safe from abusive collectors. Although debt can make us feel vulnerable, never forget that you do have rights.

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Workers shouldn’t have to choose between the job they need and the family members they love. The Family and Medical Leave Act (FMLA) was created to allow employees to take reasonable unpaid leave for a particular family or medical reason so they can maintain a work/life balance. What does it provide? The FMLA provides eligible employees up to 12 workweeks of unpaid leave a year with the requirement of group health benefits to be maintained during the leave as if employees were continuing to work. They are also entitled to resume their same or equivalent job at the end of their FMLA leave. Who is eligible for FMLA? FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. Employees can be eligible for FMLA if they have worked for their employer for at least 12 months, worked at least 1,250 hours over the past 12 months, and work at a location that employs 50 or more employees within 75 miles. When can I use FMLA leave? An eligible employee can be granted up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the following reason(s): LIFE CAN BE UNPREDICTABLE Preserving the Balance of Work and Family Life

TAKE A BREAK

GOULASH, HUNGARY’S NATIONAL DISH

Ingredients

• 2 tbsp extra-virgin olive oil • 1 yellow onion, chopped • 2 cloves of garlic, minced • 1lb ground beef • Salt and pepper, to taste • 1 tbsp tomato paste • 1 1/4 cups beef broth • 1 15-oz can tomato sauce

• 1 15-oz can diced tomatoes • 1 tsp Italian seasoning • 1 tsp paprika • 1 1/2 cups elbow macaroni, uncooked • 1 cup shredded cheddar cheese • Fresh chopped parsley, for garnish

• Birth of and/or bonding with a newborn child

• The placement of a child for adoption or foster care with the employee

• To care for an immediate family member with a serious condition (child, spouse, or parent, but does not include parent in-laws)

Directions

• To take medical leave when the employee is unable to work due to a serious health condition

1. In a large skillet over medium heat, add olive oil and wait for it to heat. 2. Once heated, add onion and cook for 5 minutes, then add garlic and cook for 1 minute. 3. Next, add the ground beef to the skillet, and cook until no longer pink. Drain the grease, then add salt and pepper. 4. Stir in the tomato paste, beef broth, tomato sauce, and diced tomatoes. Season with Italian seasoning and paprika. Add macaroni to the skillet. 5. Bring mixture to a simmer and let it cook for 15 minutes. Stir the pasta occasionally. 6. Mix in the cheddar cheese and remove the heat.

• For qualifying exigencies arising out of the fact that the employee’s spouse, child, or parent is on covered active duty or call to covered active-duty status as a member of the National Guard, Reserves, or Regular Armed Forces The FMLA exists so employees can tend to their families without worrying about their job, allowing them to provide the best care for their loved ones. For more information regarding whether or not your company is eligible for FMLA, check out your local government agency for more details.

Inspired by Delish.com

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404-267-1986 www.LymanFirm.com

404-267-1986 www.LymanFirm.com 2860 Piedmont Rd Atlanta, GA 30335

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2860 Piedmont Rd., Suite 275 Atlanta, GA 30305

INSIDE THIS ISSUE

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My Life in the Courtroom, the Home, and the Racetrack The Importance of Charity 3 Wild Divorce Settlements Ways to Invest in Yourself After Retirement Bistecca Alla Fiorentina The Most Iconic Super Bowl in NFL History Why Did 50 Cent Sue Taco Bell? Goulash, Hungary’s National Dish Your Guide to Family and Medical Leave Let’s Retire These Health Myths

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Can Collections Go Too Far?

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The 5-Second Rule Will Make You Sick 3 Health Myths You Probably Believe When Collections Go Too Far …

Know Your Legal Rights!

BOTTLED WATER IS SAFER THAN TAP WATER

The official stance from the John Hopkins Arthritis Center states, “There is no evidence that cracking knuckles causes any damage such as arthritis in the joints.” Still, chronic knuckle- cracking can lead to reduced grip strength, so you might want to break the habit anyway. You’ve probably heard these myths for years, but just because something is common knowledge doesn’t mean it is true. With

We live in the golden age of information. The answers to many of life’s questions are just an internet search away. Despite this readily available wisdom, we still have a bad habit of believing health-related myths. Here are three popular health “facts” that are total works of fiction.

Seeking out safer water alternatives increases the sales of bottled “spring water” each year. However, bottled water is more expensive, bad for the environment, and, as Dr. Morton Tavel of the Indiana University School of Medicine pointed out, over 50 percent of bottled water is just filtered tap water. The same effect can be achieved with a home filtration system. Of course, if the tap water in your area has been contaminated, bottled water is a safer alternative. However, in most circumstances, bottled water is no healthier than tap water.

THE 5-SECOND RULE KEEPS FOOD SAFE Did you know that millions of Americans have debt in collections? Anyone who has ever dealt with a collection agency can attest that it’s no fun. Luckily, there are laws that limit what collection agencies can and cannot do. Obviously germs and bacteria don’t really wait five seconds to pounce, but snatching your chip off the floor fast keeps most of the germs away, right? Not according to a 2006 study published by Dr. Paul Dawson. He found conclusive evidence that when food comes into contact with a contaminated surface, bacteria are transferred immediately. Even one second spent If you ever fall behind on paying your mortgage, credit card debt, medical debt, student loans, or auto loans, it’s important to know your rights under the Fair Debt Collection Practices Act (FDCPA). Especially for individuals, FDCPA covers all kinds of debt — but specifically targets third-party debt collectors such as collection agencies, debt buyers, and lawyers who practice debt collection as part of their business. on tile, wood, or carpet is enough to infest your food with salmonella or another serious contaminant. When, where, and who can contact you to collect your debt? There are some limitations, such as: Step 1: Know your FDCPA rights.

information so easily available, always take the time to research the facts, especially when it comes to your health. • Time. Debt collectors are only allowed to call you between 8 a.m. to 9 p.m. in your local time zone. Any calls outside these hours are an FDCPA violation. • Place. You may be contacted by phone, mail, fax, or email; however, collectors can’t contact you in “unusual places,” such as hospitals, schools, or restaurants. Although they can call your home or office, you have the right to tell them not to contact you at your workplace.

CRACKING YOUR KNUCKLES CAUSES ARTHRITIS

The connection between knuckle-cracking and arthritis came from studies where participants self-reported their habits. Modern medical research has shown these results to be false.

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