Taylor English’s Construction Practice Group focuses on avoiding and solving problems in the most practical and efficient manner. Our Construction Practice Group originated from some of the Nation’s most well-known construction law firms to create a formidable team that is taken seriously within the industry and by adversaries alike.
The members of our practice group are seasoned professionals who are committed to providing our clients with effective representation on a cost efficient basis. Paul Durdaller is the practice group leader of the Bankruptcy and Creditors’ Rights practice group at Taylor English Duma LLP.
Taylor English’s Employee Benefits & Executive Compensation Practice Group handles the complete range of employee benefits and executive compensation matters.

Practice Area Attorneys
and Professionals

Taylor English’s Environmental and Renewable Energy Practice Group’s lawyers have over seventy years of collective experience in the field of environmental and renewable energy law.
We have created the Financial Institutions team at Taylor English Duma LLP – bringing together attorneys from different specialties across the Firm – in order to seamlessly deliver to financial institutions the types of services that are most needed in this difficult economy.
The Lending, Workout & Foreclosure practice group at Taylor English represents national, regional, local and community banks and lending institutions in all manner of actions related to troubled loans. Our team brings legal and business experience gained from years working on workout and restructuring transactions at top national firms and as in-house counsels at some of the country’s largest corporations.
The Resort, Hotel & Hospitality Group of Taylor English is nationally known for its representation of clients involved in the resort, hotel, restaurant, regulated real estate, travel and hospitality industry. The group consists of experienced attorneys from several distinct practice areas who provide creative, cost-effective advocacy to clients.
Taylor English provides tax planning, credit and controversy legal services to our clients. Using our value focused approach, our tax attorneys work directly with clients and our other attorneys to ensure appropriate attention is given to the opportunities and consequences of all manners of federal, state and local taxes.
Taylor English represents clients with the development and use of technology and e-commerce in their business. Many issues and opportunities arise for businesses involving technology, whether with the development and distribution of technology solutions, the licensing and use of technology products, or the procurement or outsourcing of IT services.
Taylor English is a full-service law firm composed of the region's most experienced, results-driven lawyers. Our model is purpose built around our clients and designed to seek new opportunities for them.

Litigation & Dispute Resolution

Litigation & Dispute Resolution

Practice Group Leader
Todd E. Jones

The Litigation & Dispute Resolution practice group at Taylor English is comprised of experienced attorneys who provide creative, efficient and cost-effective advocacy for our clients. Our litigators are highly qualified to resolve client disputes at every point along the litigation spectrum, from initial negotiations to preliminary injunctions and temporary restraining orders, declaratory judgment actions,  mediations,  summary judgment, and all the way through to trials, arbitrations, and appeals.

Most of our litigators came to Taylor English from big firms, where they received excellent training in all facets of litigation. We represent both defendants and plaintiffs in state, federal and appellate courts across the country.   Taylor English’s attorneys have litigated a variety of disputes involving commerce and business, employment law, intellectual property, financial institutions, bankruptcy, antitrust, securities and investments, shareholder issues, professional liability, products liability, catastrophic injury, insurance coverage, construction and other issues. 

We also recognize that often the best resolution for the client is to avoid litigation or quickly resolve it at the outset. Working with our corporate attorneys, many of whom served as general counsel at major corporations, our litigators make a concerted effort to negotiate and craft workable, beneficial settlements for our clients before the disputes escalate into costly litigation.

However, there are times when disputes cannot be resolved amicably, and when cases have to go all the way through to trial and appeal.  It is in those instances in which our lawyers truly shine.  Unlike many big-firm litigators, our attorneys have a wealth of trial and arbitration experience, and in all manner of disputes. Thus, retaining a Taylor English litigator means getting someone who has the expertise, work ethic, and fortitude to see the case through to the very end.  Similarly, the Firm’s litigators have achieved great success in winning cases at the summary judgment stage, thereby avoiding the time and expense of trial.

Our senior litigators do not merely oversee the work of less experienced associates with little direct involvement; they remain fully engaged in handling cases. By keeping overhead and billing rates low, our partners can and do perform tasks that big-firm partners or even senior associates typically do not, such as drafting discovery requests and responses, reviewing documents, and preparing pleadings, motions, and briefs. In short, our senior litigators know the client’s case, inside and out. 

Our model and bench strength also have afforded us the flexibility to staff and handle all kinds of cases for all sorts of clients, from major pieces of litigation for Fortune 500 companies to matters for startup companies and individuals. 

Finally, some of our litigators also served as critical parts of a team for a Fortune 100 company in its ground breaking National Discovery Counsel program. Thus, we have the experience and know-how to handle cases that involve massive discovery obligations, including increasingly prevalent and complex electronic-discovery issues.  We also have the ability to properly staff these intensive and time-consuming matters.

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Products Liability

Product liability claims represent a type of litigation and dispute challenge different from others regularly experienced by businesses.  These cases range from claims about defective manufacture and design of products, to failure to warn regarding product hazards.  Examples of product cases handled by our members include asbestos claims, defective vehicles and tires, defective medical devices, and industrial machine design.

Manufacturers who have experienced many product claims understand the need for an attorney who has the experience to make an early assessment of the potential exposure of a claim and resolve it in a cost-effective manner, sometimes without undue publicity, or to fight strenuously for vindication of the product.   We have attorneys with such experience and ability who can help guide clients to a successful resolution drawn from handling numerous matters for both claimants and manufacturers.   

Taylor English attorneys are also experienced with preservation of evidence, which is a key component in most product liability cases.   We also provide risk management services to clients who face these types of claims.

 

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Shareholder Derivative Suits, Director and Officer Liability, and Corporate Governance Investigations and Cases

Members of our Litigation and Dispute Resolution Group have successfully represented both shareholders and managers of business entities in claims relating to issues of management of all forms of businesses.  Our attorneys have investigated and asserted claims as counsel to the Federal Deposit Insurance Corporation against directors and officers of failed financial institutions in several states.  We have been retained by public and nonpublic companies to conduct internal investigations into alleged wrongdoing, and our reports have been used as evidence in pending derivative actions and our attorneys have testified in court regarding the scope of their investigations and their findings. We have represented former directors and officers accused of corporate waste, securities fraud, breach of fiduciary duty and other claims. Our attorneys have represented liquidating trustees of bankrupt companies in asserting claims against directors and officers who caused the demise of the company or worsened its losses.  The experience of our litigators is complemented by several attorneys who have served as corporate general counsel and have practical experience regarding the legal duties and responsibilities of officers, directors, managers, and partners of business entities. We also counsel clients on how to avoid liability, including advice on The Foreign Corrupt Practices Act, shareholder and member rights, management fiduciary duties, conflicting interest transactions, hostile tender offers and other business situations.

 

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Securities Litigation and RICO Act Claims

Our securities litigation team maintains an ongoing expertise in the state and federal laws governing the rights and duties of issuers, sellers, brokers, dealers, underwriters, purchasers, clearing houses, and exchangers of securities.  Our attorneys have served as defense counsel in many securities fraud class actions in several states, involving claims against companies, directors and officers, accountants, and law firms in cases involving alleged market manipulation, misrepresentation and nondisclosure of material information, insider trading, breach of fiduciary duty, accounting fraud, malpractice, common law fraud and related issues.  We have represented investors, stockbrokers, and brokerage firms in lawsuits and arbitrations involving listed and over-the-counter stocks, commercial mortgage-backed securities, bonds, and options.  We have served as counsel in derivative actions and private securities fraud claims involving numerous investment vehicles in a wide range of industries.  Our lawyers have also represented officers, directors, accountants, brokers, and other professionals in connection with investigations by the Division of Enforcement of the Securities and Exchange Commission, the staff of the New York Stock Exchange, the staff of the Commodities Futures Trading Commission, and the Department of Justice.   We have advised special committees of corporate boards, conducting internal investigations of potential wrongdoing by officers, directors and employees. 

We also have experience prosecuting and defending both state and federal actions under the civil portions of the respective Racketeer Influenced and Corrupt Organization Acts.  In particular, several special remedy provisions of the Georgia RICO Act allow an aggrieved plaintiff to freeze the assets of the defendant(s) pending trial in matters with good evidence supporting a RICO claim.  Further, treble damages and an attorneys’ fee recovery are available. 

Our lawyers have also acted on behalf of corporations that have been victimized by an embezzler in numerous matters.  We have used RICO remedies in other business torts claims litigated among shareholders in closely held companies and in construction matters.  We have defended construction companies accused of RICO violations in their contract administration.  While RICO allegations should not be lightly commenced, in situations of particularly egregious conduct, knowing how to craft an appropriate claim and to prove the claim are extremely valuable assets.

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Catastrophic Injury

Taylor English’s attorneys have experience in all aspects of personal injury, including the most severe cases involving wrongful death and catastrophic injuries.  These types of injuries result in serious, life-altering limitations and complications that often last a lifetime, such as quadriplegia, paraplegia, and severe and permanent brain damage.  Lawsuits involving these types of injuries require a certain skill level to handle appropriately.   At stake is an individual’s ability to lead a normal life and to work.  Addressing damages requires knowledge of which specialized experts to hire, such as neurologists, neuroradiologists, physiatrists, and life care planners.

From a liability standpoint, these types of cases often present particular challenges.  In cases of clear liability, it is particularly important to find creative ways of tackling damages, such as the retention of experts to address annuities and life expectancy and specialized motions. 

Our experience with catastrophic injury cases have included the representation of parties such as: product manufacturers and distributors, healthcare providers, property owners, trucking companies and owners of fleet vehicles, food manufacturers and distributors, and construction companies.  Moreover, our attorneys have substantial experience in handling claims for catastrophically injured persons and wrongful death cases in various settings, including trucking and motor vehicle accidents, product liability matters, medical negligence claims and work place accidents.  This broad experience allows our litigators to more effectively handle such matters, whether we represent the claimant or a defendant. 

 

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Professional Liability Matters

Doctors, nurses, lawyers, accountants, engineers, architects, nursing home staff and other professionals have a legal duty to exercise a degree of care, skill, and diligence generally exercised by other members of their profession in the same or similar circumstances.   Members of the Taylor English Litigation and Dispute Resolution team recognize that a thorough understanding of the practices, procedures and protocols which guide these professions is critical to proper resolution of these cases.

Taylor English attorneys also provide risk-management seminars to professionals so as to encourage best practices and the avoidance of litigation.  This proactive service is usually provided on-site because we recognize the value of a professional’s time.

 

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Premises Liability

A property owner’s challenges with regard to its invitees are like none other.  Taylor English litigators have significant experience handling matters that deal with a property owner’s duty to keep its premises reasonably safe from negligent acts, as well as intentional and criminal acts committed by third parties.    Claims against owners of hotels, casinos, parking lots, restaurants, childcare centers, schools, malls, apartment complexes and commercial buildings are common in today’s business environment.  Our team members are equipped with the experience and know-how to handle these claims, which range from allegations of negligent security, slip and falls, dram shop cases, negligent maintenance and negligent property management, and on both the plaintiff and defense side. 

 

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Insurance Coverage Disputes

When losses occur, one of the first questions to be addressed is whether the loss is covered by insurance.  Regardless of the perspective, whether it is from the viewpoint of the insurer, an insured or a third party, the issues of coverage and limits are critical.  The Taylor English Litigation and Dispute Resolution Group is experienced in evaluating insurance policy provisions and representing our clients to achieve the best outcome under the circumstances.  We review policies carefully, research and identify authority from throughout the nation and master the facts in order to determine whether coverage is available, including providing coverage opinions to insurers. The Firm has also represented reinsurers on disputes concerning the application of the reinsurance contract to the subject ceded losses, including disputes concerning allocation and aggregation.

 

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Other Litigation

There are many other areas of general litigation that affect our clients.  Examples include transportation accidents, ERISA and food-borne illness cases.  One specialty area involves allegations of physical and mental abuse on the part of the operators of childcare centers and churches. Several of our litigators have experience as prosecutors and have the knowledge of how to navigate the criminal justice system.   Taylor English’s litigators have the necessary training and skill to successfully deal with the most complex of cases from start to finish.  Finally, our litigators have vast experience handling labor and employment issues and real estate litigation.

 

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Defamation (Libel and Slander) Claims

Claims involving defamation have particularized laws and rules, from notice and retraction requirements, to prohibitions against SLAPP suits (lawsuits designed to have a chilling effect on the exercise of First Amendment rights and public participation).  Taylor English litigators have extensive experience in navigating the complex waters that these types of claims present.

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Class Actions

Class actions present a special challenge.  Issues of commonality, typicality, and numerosity all affect whether a matter will be certified by the court to proceed as a class action.  Federal statutes require many such cases to be litigated in federal court, depending upon a number of factors.  Sometimes one party or the other prefers to be in a state court, and much of the early activity is directed at this issue. Thereafter, motions to dismiss and to determine class certification are the focus, long before the court considers the merits of the dispute.   Moreover, class settlements require court approval and are much more complicated than settlements in a non-class setting. As one can readily see, experience in navigating these waters is critical to a successful resolution at a reasonable cost.  Taylor English has the necessary experience in such matters. 

 

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Business Torts and Commercial Contract Disputes

Taylor English attorneys have a wide range of experience in resolving business and commercial disputes of all types.    We have represented clients in lawsuits and arbitrations involving claims such as breach of contract or warranty, interference with contractual and business relations, patent, copyright and trademark rights, breach of fiduciary duty, misappropriation of corporate opportunity and trade secrets, defamation, corporate waste, conflicting interest transactions, RICO, breach of trust, and fraudulent conveyances.   Additionally, our attorneys have litigated cases involving ERISA, construction, mergers and acquisitions, computer software and other technology, real property, RESPA, bankruptcy, creditor rights, FDIC receivership claims, liquor licenses, shareholder rights, officer & director liability, partnerships, state & federal taxes, and business dissolutions.  We attempt to resolve disputes in the most efficient and cost-effective manner for clients and explore all reasonable alternatives before resorting to litigation.  However, when litigation is necessary, our team applies years of experience and judgment for the benefit of our clients, including extensive experience in jury trials and bench trials in federal and state courts, appellate work, arbitrations, and administrative hearings.

 

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Antitrust Actions

Our attorneys have represented plaintiffs and defendants in civil antitrust litigation, governmental investigations and administrative actions, and class-action antitrust litigation, among other things.  We have extensive experience with the economic and econometric analysis frequently required in antitrust matters, and we have worked with experts including Nobel-prize winners and former senior economists for governmental agencies.  Over the years, our attorneys have represented: a Fortune 500 company in defending class-action price-fixing claims; a major health care organization accused by a competitor of antitrust violations; a boutique investment bank defending claims of state law antitrust claims; and a major electronic payment processing organization in connection with a governmental investigation.

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We deliver superior service through...

1. Purpose-Built Efficiency

Everything we do is focused on greater efficiency, flexibility and entrepreneurship. The result is that our clients view us as part of their business building investment, not a corporate expense.

2. Purpose-Built Partnerships

We are partners, not vendors. The result is that we are accountable, respectful and care as much about our clients' business as we do our own.

3. Purpose-Built Results

We are problem solvers. We are constantly looking for new and innovative ways to provide value and results and seek flexibility in how we structure engagements.