Decades Of Business Litigation Experience
These cases are examples of the types of cases and matters we handled. This is not an exhaustive list, and we have simple, brief descriptions. We do not list the actual case names due to client confidentiality. We provide a generic case description for illustrative purposes as we take our duty to clients extremely serious. What greater confidential relationship exists in this country besides that of an attorney and his client? What greater sin is there than to breach that relationship? Although, many of our clients are well known and many of the cases we have been involved in have made the news, it is our approach not to list those here. Also, many times settlements of actual cases are confidential due to the requirements of a settlement agreement. As another example of using generic descriptions, Walt Disney could not have purchased so many orange groves in central Florida had his attorneys not kept the confidentiality.
Business Litigation Example Cases
We are able to draw from decades of experience and solve our client’s problems. We focus on the details and roll up our sleeves to comprehend all issues of the matter. Our litigation specialty is litigation itself. Every case is unique to the jury and frequently the judge. What matters most is understanding the problem, the client and knowing how this can be taught to the judge and jury. Example cases are:
- Merger and aquisition. Successfully defended a motion to dismiss fraud claims filed by our client against the purchaser of their business due to the failure of the purchaser to have a full anti-reliance clause in the purchase agreement. Flowshare, LLC v. GeoResults, Inc., No. CVN17C07227EMDCCLD, 2018 WL 3599810 (Del. Super. Ct. July 25, 2018).
- Restrictive covenants. Obtained dismissal of a case against our client in an action resulting from the sale of a traffic control business and alleged violations of restrictive covenants. AWP, INC., v. Southeastern Traffic Supply, Inc., 1:16-cv-01315, United States District Court, Northern District of Georgia.
- FLSA class action. Successfully obtained a summary judgment and affirmation on appeal in the 11th Circuit Court of appeals against a restaurant franchise for a class action regarding FLSA violations. We defeated certification of the action and won summary judgment on the underlying claims. Ide v. Neighborhood Rest. Partners, LLC, 32 F. Supp. 3d 1285 (N.D. Ga. 2014), aff’d, 667 F. App’x 746 (11th Cir. 2016); Ide v. Neighborhood Rest. Partners, LLC, No. 1:13-CV-509-MHC, 2015 WL 11899143 (N.D. Ga. Mar. 26, 2015); Ide v. Neighborhood Rest. Partners, LLC, 667 F. App’x 746 (11th Cir. 2016).
- Water runoff. Successfully obtained a defense verdict in a jury trial against a developer by a lower property owner seeking several hundred thousand dollars in damages for flooding alleged to be caused by the development.
- Action for piercing the corporate veil. Obtain a defense verdict in favor of our client who was sued by a landlord in an attempt to pierce the corporate veil of a closed business seeking several hundreds of thousands of dollars for a lease in default.
- Manufacturing liability. Successfully mediated a multimillion-dollar claim against a German manufacturer by an American company.
- Product liability defense. We represented our client in the foundry industry. An explosion occurred in a plant in south Georgia, leaving a worker seriously injured and in an induced coma for several months due to serious burns. We were able to demonstrate through our working knowledge of the equipment that the client’s equipment was very likely not to be the cause of the explosion and such occurred through user error. This resulted in a substantial discounted settlement and contribution from other parties.
- Preferential transfers. There is no fury worse than the bankruptcy trustee coming after a business for payments received prior to a company filing bankruptcy. Our client was targeted for litigation in a multimillion-dollar bankruptcy in a demand for repayment of $300,000 paid to them prior to the bankruptcy being filed. We were able to demonstrate new value and negotiate a settlement with the Trustee for less than 10 cents on the dollar.
- Employer liability defense. We have handled numerous cases involving allegations of discrimination and sexual harassment. We have been successful numerous times in having the case dismissed on summary judgment. This is a procedure where the court is required to review the facts and law after substantial discovery. We have been able to demonstrate on a number of cases that the claims should not proceed to a jury trial.
- Manufacturer, distributors and manufacturer’s representatives. We have been engaged in several cases filed between distributors against manufacturers. We have represented both the manufacturers and distributors as well as manufacturer representatives. These cases usually are resolved for pennies on the dollar in favor of our clients or we have won outright during litigation. We represent international and national manufacturers along with many distributors and representatives that have offices in Georgia. Most recently we were able to obtain a settlement against a manufacturer of behalf of a representative for in excess of $250,000. Through our efforts, the settlement was very timely as the manufacturer later went bankrupt well after any time that a preferential transfer could be claimed.
- Business Litigation – breach of lease. We represented our client against a landlord that allowed a competitor to come into the same shopping center in violation of our client’s lease. Through heated litigation and discovery, we were able to show that our client was substantially damaged by the competitor which resulted in a multimillion-dollar settlement on behalf of our client.
- Business Litigation – lender liability. We represented a developer against a national bank which caused the developer to lose a substantial sum of money when the bank refused to honor its line of credit. The bank prematurely terminated the developer’s line of credit, causing the developer’s product to fail. After discovery and depositions, we were able to settle with the bank for a substantial sum of money, not only to pay for our client’s losses, but also obtain a full release of all property the bank held as collateral.
- Business litigation – lender liability. During hard economic times, the bank foreclosed on one of our client’s brand-new facilities and attempted to come after our client for a $2,000,000 deficiency judgment. We were able to defend the case vigorously on behalf of our client and avoid all consequences by forcing the bank to forgive the note in the amount of $2,000,000. The settlement was confidential, and the names cannot be released.
- Environmental damage. We were able to obtain $300,000 for wrongful refusal to honor a contract regarding the sale and purchase of land. Not only were we able to obtain all damages and interest under the law, but we were able to prove bad faith and stubborn litigiousness and obtained all of our client’s attorney’s fees.
- Patent license litigation. Denver, Colorado, and Atlanta, Georgia. Our business litigators were able to successfully remove an imposed patent on products of our clients, resulting in a savings of millions to our clients. This case was resolved by final judgment, and the judgment was worth millions to our client.
- Local tax disputes. We have handled numerous local tax issues for warehouse clients in Freeport exemptions and inventory tax disputes against governmental entities. These cases have resulted in millions of dollars of savings for our clients.
- Partnership dispute. Successfully mediated an action in the Western District of Texas with former partners of a network marketing business.
- Commercial lease. Successfully obtained a defense verdict in a jury trial against a small business in an owner for damages and additional rent.
- Construction litigation. Successfully represented a custom home builder in arbitration by winning a majority of the claims on a multimillion-dollar home and having the claims reduced by 75%.
- Construction litigation. Successfully represented a builder in a subrogation claim against the builder by a home warranty company. We then brought action against the home warranty company for attorney’s fees for the action and successfully won the claim for the builder on a motion for summary judgment.
- Partnership dispute. Successfully mediated a multimillion-dollar partner dispute regarding multi-unit restaurants and remaining tax liability created by false reporting of one of the partners CPAs.
- High net worth divorce. Successfully defended and resulting mediation of a high net worth client in a divorce action. The former spouse was claiming millions, and the case was resolved for 10% of the claims.