Many of my attorney friends over the years have found Taylor English to be a perfect platform for continuing their professional activities.
Oscar N. Persons’ practice currently focuses on AAA and other arbitration, business mediation and business dispute counseling. He has more than 51 years’ experience in complex business litigation handling individual and class action matters and related appeals and mediation. These matters have included breach of contract, securities fraud, fiduciary duty, negligent misrepresentation, restrictive covenants, trade secrets, and tortious interference. He has practiced at state and federal levels, in trial and appellate courts, and before arbitration tribunals over a wide geographical scope and has handled more than 52 trials as first chair.
Mr. Persons' experience includes acting as counsel for respondent in the 2008 United States Supreme Court decision in Stoneridge Investment Partners vs. Scientific Atlanta, 128 S. Ct. 761, where the Supreme Court held against private "scheme liability" claims under the federal securities laws. Public commentators called it the most important Supreme Court business decision in a decade. In 2010, Mr. Persons was counsel for defendants who received summary judgment in their favor in Federal Court in Atlanta in the securities fraud class action Scientific Atlanta Inc. Securities Litigation, 754 F. Supp. 2d 1339 (N.D. GA. 2010). That decision was affirmed by the Eleventh Circuit Court of Appeals in Phillips v. Scientific-Atlanta, Inc., No. 10-15910, 2012 WL 3854795 (11th Cir. Sept. 6, 2012).
He is active in Georgia Republican affairs and has been General Counsel for the Georgia Republican Party and Chair of various United States Senate and Presidential Campaigns in Georgia. Mr. Persons was a member of the President’s Advisory Committee on the Arts for the Kennedy Center, appointed by President George W. Bush. Mr. Persons served as an officer on a Navy destroyer and has been active in Georgia Tech affairs, where he was President of the Student Body and Reunion Fund Chair for his fiftieth class reunion.
State Bar of Georgia
American Arbitration Association Roster of Neutrals, Member
Represented defendant in regard to “scheme liability” claims in a 10b-5 securities class action. Motion to dismiss in client’s favor affirmed. Case No. 443 F. 3d 987 (8th Cir. 2006)
Represented First Horizon Pharmaceutical Corp. regarding motion to dismiss issues in a 10b-5 securities class action. Motion to dismiss in client’s favor affirmed. Case No. 464 F. 3d 1273 (11th Cir. 2006)
Represented Scientific-Atlanta, Inc. in regard to scienter issues in a 10b-5 securities class action. On interlocutory appeal, the denial of our motion to dismiss was affirmed. First Eleventh Circuit case to deal with aggregation issues regarding scienter under the PSLRA. Case No. 374 F. 3d 1015 (11th Cir. 2004)
Various Georgia Superior Court matters, including lead counsel for Plaintiff in Mindis Acquisition Corp. v. BDO Seidman, LLP., 253 Ga. App. 360 (2002)
Represented defendants in a 10b-5 securities class action. Court allowed plaintiff to amend and case was settled on favorable terms. Case No. 252 F. 3d 1161 (11th Cir. 2001)
Represented defendants in 10b-5 securities class action. District Court denied motion to dismiss. Circuit Court granted interlocutory appeal. District Court opinion was vacated and remanded. First 11th Circuit case to deal with scienter issues in the PSLRA. Case No. 187 F. 3d 1271 (11th Cir. 1999)
Election law/constitutional issues. Our defendant client prevailed. Case No. 87 F. 3d 1226 (11th Cir. 1996)
Securities claim involving a private placement. Our defendant client prevailed. Case No. 45 F. 3d 399 (11th Cir. 1995)
Election law/constitutional issues. Our defendant client prevailed. Case No. 5 F. 3d 1399 (11th Cir. 1993)
Restrictive covenant issues. Ruling against our plaintiff client. Case No. 98 F.2d 391 (11th Cir. 1993)
Restrictive covenant issues. Ruling against our plaintiff client. Case No. 960 F. 2d 942 (11th Cir. 1992)
Election law/constitutional issues. Our defendant client prevailed. Case No. 954 F. 2d 1526 (11th Cir. 1992)
Breach of fiduciary duty issues. Verdict against our defendant client affirmed. Case No. 895 F. 2d 729 (11th Cir. 1990).
Breach of fiduciary duty issues. Verdict in favor of our plaintiff client affirmed. Case No. 774 F. 2d 235 (8th Cir. 1985)
10b-5 securities class action issues. Represented defendant on interlocutory appeal of class certification. Court remanded. Settled favorably. Case No. 755 F. 2d 810 (11th Cir. 1985)
Represented defendants in claim of securities fraud. Case dismissed in our favor in matter of first impression in the Sixth Circuit. Case No. 633 F. 2d 7 (6th Cir. 1980)
Represented Colony Square Co. regarding letter of intent issues. Trial verdict in favor of client was affirmed. Case No. 482 F. 2d 281 (5th Cir. 1973)
Emory University School of Law, JD, 1967
Georgia Institute of Technology, BIE, 1960
Martindale-Hubbell® Judicial AV Preeminent® Rating, 2019
On occasion of the Fulton County Daily Report's 125th Anniversary, Mr. Persons was one of its first ever "Lifetime Achievement" honorees, 2015
Chambers USA, Georgia Litigation: General Commercial, 2006-2013
Best Lawyers, Bet-the-Company Litigation, Commercial Litigation and Corporate Governance and Compliance Law, 2005-2015
The Best Lawyers in America, Commercial Litigation and Litigation – Securities, 2016-2018
Corporate Counsel Best Lawyer, Litigation
Georgia Super Lawyers, Securities Litigation (various years through 2014), Business Litigation, 2016-2019
Georgia Trend Legal Elite, Appellate Law, 2012