Dispute resolution includes negotiation (including mediation), courtroom litigation, arbitration, and other mechanisms through which two or more parties attempt to conclude a dispute, such as:
  • Recovery of $4 million in D & O insurance proceeds for a real estate management company alleged by a retirement plan to have engaged in breaches of fiduciary duty with respect to plan assets. (Identity of matter confidential.)
  • Recovery of $6.5 million for product liability on behalf of an international plumbing products manufacturer against a component part manufacturer. (Identity of matter confidential.)
  • Defeat of action for injunctive relief for theft of trade secrets brought by software provider against online pharmacy benefits company. (Burgess Information Systems, Inc. v. Managed Healthcare Systems, Inc., et al., Case No.1:04 CV 1051, United States District Court, Northern District of Georgia.)
  • Full recovery of insurance proceeds on behalf of defendants in wrongful-death premises liability claim based on allegations that landlord failed to maintain an appropriately safe environment. Greg Smith et al. v. Ambling, et al., Civil Action File No. 05CV-034, in the Superior Court of Ben Hill County, Georgia.
  • Successful prosecution of claim for breach of fiduciary duty against key employees who left company to set up competing entity. Matter resolved after complaint filed, with no depositions or discovery. (Identity of matter confidential.)
  • Defeat of action for interference with corporate merger brought by distributor against manufacturer; coupled with successful prosecution of counterclaim for malicious prosecution and abuse of process. TW Graphics Group Company, v. Rutland Plastic Technologies, Inc., action no. 05 CVS 8038, Mecklenburg County North Carolina General Court of Justice Superior Court Division.
  • Counsel for plaintiffs in multimillion dollar claim against financial institution for breach of fiduciary duty based on conflicts of interests and failure to diversify trust assets. (Hitz v. SunTrust Bank, Case No. 1-05-CV-1413, United States District Court, Northern District of Georgia, pending.)
  • Seven-figure arbitration award in a breach of contract dispute between a manufacturer and one of its customers. (Identity of matter confidential.)
  • Successful representation (zero dollar settlement after defeat of motions) of buyer in action for breach of contract to purchase specialty goods where goods did not conform to contract. Gagwear, Inc. d/b/a Alternative Apparel v. Industrial Contacts, Inc., Supreme Court of the State of New York, County of New York, Index No. 600288/05.
  • Successful defense (zero dollar settlement) of a claim by a franchisee against a franchisor for breach of contract and fraud. (Identity of matter confidential.)
  • Successful defense (zero dollar settlement after motions) of a claim for trademark infringement brought by the registered owner of a trademark against another user of the trademark.
  • Negotiation and litigation of numerous business dissolutions, including medical and other professional practice breakups.
  • Defending banks against claims or counterclaims brought by borrowers, including grants of summary judgment in lender liability actions.(E.g., Brand v. West Georgia National Bank, Superior Court of Carroll County, State of Georgia, Action No. 97-V-01081.)
  • Long-term defense of federal class actions for fraud brought by consumers or stock purchasers. (Cases not subject to confidentiality include In re: MDCM Holdings f/k/a Mortgage.com, In The Eleventh Judicial Circuit Court In The Miami-Dade County, Florida, Action No. 00-32262 CA 03; Murray v. Scott, United States District Court, Middle District of Alabama, Action No. 94-T-1266-N; Shipping Financial v. Able Telecom Holding Co., United States District Court for the Southern District of Florida, Case No. 98-8633-CIV-Hurley; In Re ValuJet Securities Litigation, United States District Court for the Northern District of Georgia, Action No. 1:96-CV-1355-TWT.)
  • Claims for plaintiffs and defense of such claims arising out of individual stock purchase or stock option transactions.
We are also proud to be repeatedly selected by some of this country’s most prominent law firms to serve as Georgia counsel in litigation matters where those firms require a Georgia Bar member to serve as part of the litigation team.