.

Things We’ve Done

Successfully Resolved Disputes

 

Dispute resolution includes negotiation (including mediation), courtroom litigation, arbitration, and other mechanisms through which two or more parties attempt to conclude a dispute. Though we no longer desire to be directly involved in such disputes, our past experience is a strong indicator that we can lend situational support in many types of matters. Lang Legal has been instrumental in achieving favorable results, for example:

 

 

Contract Cases

 

· Grant of summary judgment for landlord, upheld on appeal, interpreting exclusivity provision of lease in favor of landlord, and awarding landlord back rent of nearly $600,000, as well as interest and attorney’s fees. Office Depot Inc. v. The District at Howell Mill LLC, Georgia Court of Appeals, May 6, 2011. See further information.

 

· Successful defense of claim against personal guarantor of real estate loan, including successful resistance of motion for summary judgment, with claimed exposure in excess of $1 million. First Bank of Georgia v. Petersen et al., Superior Court of Columbia County, State of Georgia, No. 2008CV0005 (Resolved in 2011, precise terms of resolution confidential.)

 

· Plaintiff’s jury verdict in 2009 arising out of action for breach of contract against two law firms for failure to pay departing firm member’s share of proceeds of settlements of cases. Peterzell v. Meadows, Ichter & Bowers, Superior Court of Gwinnett County, 05-A-11041-5. See further information.

Corporate Cases

 

· Successful prosecution of claim for breach of fiduciary duty on behalf of founding shareholder of entity who received no proceeds from sale of entity. Golden v. American Residential Services, Superior Court of Gwinnett County, 08-A-01941-2 (terms of termination of action 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.

 

· 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.)

 

· 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.)

 

· Successful prosecution of claims on behalf of shareholder whose employment was terminated resulting in confidential settlement and resolution. Santorella v. Res-Tek, in the Superior Court of Cobb County, State of Georgia.

Insurance Coverage Cases

 

· 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.)

 

· 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.

Consulting Services for Businesses and Individuals

 

Those who have worked with us have been pleased with our ability to help them achieve their business goals in the following areas. Though we do not engage in the representation of clients for purely legal services, our past experience in these matters positively influences our ability to deliver non-legal services:

 

· Negotiation of employment contracts and termination agreements for executives.

 

· Drafting and negotiation of agreements regarding intellectual property rights, including licenses.

 

· Drafting and negotiation of contracts with major customers, distributors and vendors in order to minimize the possibility of costly disputes, and to limit the cost of such disputes should they occur.

 

· Helping companies with strategic planning, such as mergers, acquisitions, corporate finance, product and new-business rollouts and management of growth.

 

· Consultation with executive-level management and boards of directors with respect to duties owed to the corporation and shareholders.

 

· Helping companies work through crisis management situations as part of a multi-disciplinary team (legal, accounting, public relations, etc.).

 

· Assistance to individuals who are considering business transactions or are starting or ending a relationship with a company (includes formation of businesses).