Georgia Governor Brian Kemp recognized with the 2025 BOMA Georgia Civic Leadership Award
Georgia Governor Brian Kemp was recognized with the 2025 BOMA Georgia Civic Leadership Award on May 28. The award may be presented to any individual or organization who has made an outstanding and continuing contribution to the progress and growth of the state of Georgia or any jurisdiction within the state.
Governor Kemp was elected to serve as the 83rd Governor of Georgia in November 2018. He previously served as state’s 27th Secretary of State from 2010 to 2018, and as a member of the Georgia State Senate from 2003 to 2007.
The governor received the award in recognition of his leadership, which was instrumental in passage and implementation of tort reform legislation and premises liability reform in 2025. Specifically, the governor led the development of Senate Bills 68 and 69 and strongly advocated for their passage.
BOMA Georgia played a pivotal role in advocating for passage of both bills, joining efforts alongside a coalition of partners to push for meaningful reforms. These efforts included member engagement through legislative action alerts, BOMA Day at the Capitol, direct lobbying through contracted advocacy services, and a coordinated desk letter campaign that reached every member of the Georgia House and Senate.
“Passage of Senate Bills 68 and 69 represents a tremendous victory for the commercial real estate industry and for all Georgians,” said Gabriel Eckert, BOMA Georgia Chief Executive Officer. “Thanks to the strong leadership of Governor Kemp, and the collaborative efforts of our members and partners, Georgia’s business climate has been improved, and property owners and managers will once again receive a fair standard of treatment in the courtroom.”
“As an industry, we’ve been advocating for these reforms for years,” said Jacob Wilder, BOMA Georgia Senior Director of Operations and Communications. “Specifically, Senate Bill 68 addresses the real estate industry’s key concerns around liability and legal costs, ensuring that property owners can focus on running their businesses without fear of frivolous lawsuits undermining their operations.”
BOMA Georgia worked with coalition partners through Georgians for Lawsuit Reform to ensure passage of the two bills, which were the cornerstone of Governor Kemp’s civil procedure reform efforts. Below is a summary of the major elements of the two bills, provided by Georgians for Lawsuit Reform:
Senate Bill 68:
Reforming Premises Liability Standards
Clarifies when property owners or occupiers (e.g., businesses) can be held liable for third-party criminal acts. Ensures liability only when owners fail in their duty of care. Explicitly preserves victims’ rights under other negligence or human trafficking laws.
Streamlining Motion to Dismiss Rules
Pauses costly discovery while motions to dismiss are pending, helping courts eliminate frivolous lawsuits early. Limited discovery remains available to determine jurisdiction and parties. Courts must act within 90 days or lift the stay upon request.
Ending Phantom Medical Damages
Ensures damages awarded for medical expenses reflect the actual costs incurred—not inflated or billed amounts. Juries may consider both the billed and paid values. Private provider arrangements (e.g., letters of protection) are subject to discovery.
Establishing Bifurcated Trials
Allows trials to be split into two phases: (1) liability, and (2) damages. Helps juries focus first on fault before determining compensation. Judges may deny bifurcation in cases involving emotional hardship or claims under $150,000.
Banning Anchoring in Jury Awards
Prevents attorneys from suggesting arbitrary or inflated amounts for non-economic damages (“anchoring”) during closing arguments. Arguments must reflect evidence and remain consistent throughout the trial.
Stopping Late Plaintiff Dismissals
Moves the plaintiff’s final opportunity to voluntarily dismiss their case (and preserve the right to refile once) to the 60th day after the defendant files an answer.
Preventing Double Recovery of Attorney’s Fees
Closes loopholes that allow attorneys to collect multiple awards for the same legal work—ensuring fee recoveries are fair and justified.
Allowing Seatbelt Evidence in Auto Cases
Permits juries to consider whether a plaintiff was wearing a seatbelt in auto accident cases, providing a more accurate assessment of responsibility and damages.
Senate Bill 69:
Defining “Litigation Financing Agreements”
For the first time in Georgia law, litigation financing agreements are defined. SB 69 defines them as agreements for financing to a consumer or entity, or their legal counsel, in exchange for the right to receive payment contingent on the outcome of a legal action. The definition includes any matters within a portfolio of actions involving the same legal representative.
Defining what is not litigation financing
There are several exempt practices, such as standard contingency arrangement between a lawyer and their client, insurance agreements, traditional loans, and investors that are not in the business of litigation financing.
Prohibits litigation financing unless the litigation financier registers with the state
Litigation financiers must register with the Georgia Department of Banking and Finance prior to engaging in financing. SB 69 includes several enforcement tools for the Department.
Stops foreign adversaries from investing in litigation
SB 69 specifically references federal designations for foreign adversaries and prohibits any investment or influence they have through litigation financiers. Currently, federal law designates the following as foreign adversaries: China, Russia, North Korea, Cuba, Iran, and the Maduro Regime of Venezuela.
Prohibits litigation financiers exercising influence in cases
The bill stops litigation financiers from directing legal counsel or their plaintiffs in several ways, and prohibits kickbacks.
Creates penalties for large investments in frivolous litigation
Litigation financiers will be on the hook for sanctions when a court orders penalties for frivolous litigation.
Protects consumers and requires certain terms in agreements
Consumers signing onto these agreements are often in vulnerable situations and SB 69 ensures they understand what they’re signing on to. The bill also caps recovery that a litigation financier can receive to no more than an equal share of the proceeds collectively recovered in a legal proceeding.
Allows discovery of litigation financing agreements in legal proceedings
Parties can find out whether a litigation financier is backing a lawsuit or claim, allowing parties to know if there is undue influence in a case or conflicts of interest.
Pictured presenting the governor with the award are:
Brock Gallman, Chief Engineer with CP Group and BOMA Georgia Government Affairs Vice Chair
Gabriel Eckert, BOMA Georgia Chief Executive Officer
Orlando Ojeda, Chief Executive Officer and Founder of Full Circle Restoration, A Cotton Company, and BOMA Georgia Platinum Sponsor
Florence Barbour, Regional Property Manager with Bridge Commercial Real Estate and past BOMA Georgia president
Georgia Governor Brian Kemp
Georgia First Lady Marty Kemp
Jennifer Corbitt, Associate Director with CBRE and BOMA Georgia Government Affairs Chair
Samantha Addison, Managing Director and Vice President with Flagship Healthcare Properties, and BOMA Georgia board of directors member
Todd Mitchell, Senior Vice President with Allied International Cleaning Services and Past BOMA Georgia President
Ian Hughes, Senior Vice President with Lillibridge Healthcare Services and past BOMA Georgia President