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INDUSTRIES SERVED – MISSIONS ACCOMPLISHED

What I have done while “lawyering” informs the breadth of industry knowledge and success that I would bring to bear in the broader approach I am now taking.  Someone who has been in trenches doesn’t need to stay there to help businesses think about the big picture.

These items are sorted by the industry that was the subject of the litigation or transaction, as opposed to area of law.  This reflects the business strategy nature of the work I perform, as opposed to legal work.

Construction

  • Settlement of (confidential) arbitration resulting in payment to client as a result of alleged construction defects on multimillion dollar beachfront home.
  • 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).

Entertainment

  • (Appeal) Successfully overturned a jury verdict based on the “any evidence” standard in a multimillion dollar sale of nightclub business / fraud dispute. Grae Hosp. v. LL Atlanta, LLC, A23A0460 (Ga. App. Jun 22, 2023). Read the Court’s opinion here.

e-Vehicles

  • Settlement for client, immediately after filing, of alleged violations of securities laws by individual and corporate Defendants. Stapleton v. Bezzant, United States District Court for Nothern District of Georgia, 1:25-cv-01889-JPB. Please view the successful Complaint.

Financial Technology

  • Summary judgment for individual director in multi-million dollar federal and state securities law and fraud claim. Scott v. Vantage, No. 17-CV-448-MPT United States District Court for District of Delaware. Upheld on appeal. 
  • $10 million breach of contract verdict in favor of of a placement agent against a securities issuer earned under a “tail period” during which an investor provided roughly $70 million. FT Global Capital v. Future Fintech, No. 1:21-CV-594-JPB

Healthcare

  • Summary judgment for medical service provider in contract/insurance coverage dispute against medical practice. Physicians Ancillary Services v. Snapcare Clinic, No. 18E001135, State Court of Fulton County.
  • Drafting of custom agreements for a publicly traded company involved in healthcare finance.

Lawyers and Law Firms

  • 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.  
  • Award of Rule 11 attorney’s fees against international law firm Eversheds Sutherland. Scott v. Vantage, No. 17-CV-448-MPT United States District Court for District of Delaware. Final amount agreed upon in confidential mediation.
  • Successful settlement (significant recovery) in legal malpractice action that went to confidential mediation before court.

Manufacturing

  • 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.)
  • Invalidation of liquidated damages clause in action brought against client by largest supplier in client’s industry. 2022, Arbitration confidential.
  • Seven-figure award in favor of manufacturer against customer who did not pay, falsely alleging product defects.  Arbitration confidential.
  • Consultation in the private sale of a well established company in a growing industry (details confidential).
  • Drafting form contracts for plastics manufacturer.

Product Licensing

  • Award of $1.1 million to plaintiff in contract dispute relating to an “earn out” in a corporate transaction, plus attorneys fees. 2022, Confidential Arbitration.

Real Estate

  • 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. Read tne Court’s opinion here.
  • 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.)
  • 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.

Securities

  • Successful case for fraud and breach of fiduciary duty brought against investment advisor by multiple clients.  Arnold v. Engels, Superior Court of Cobb County, No. 18-104-981. Feel free to review the filed successful Complaint.

Software

  • 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.)