Experience Archive

  • Nxegen, LLC et al. v. Comverge, Inc. (D. Connecticut)

    At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a ...

  • Lead counsel to regional developer in connection with development of 350 unit multi-family portion of mixed-use development in metropolitan Atlanta, Georgia, in 2009.

  • Lead counsel to developer in connection with purchase, development, leasing and sale of more than a dozen national general merchandise and auto parts retailer sites in Georgia and Tennessee between 2002 and 2010.

  • Handled the defense of Expression Beauty Works in a case involving claims of infringement of a patent related to crackle nail polish. Negotiated a favorable settlement with plaintiff. Kirker Enterprises v. Expression Beauty Works.

  • Lead counsel to regional residential and mixed-use developer in connection with development of 300 unit multi-family development in Raleigh-Durham, North Carolina, in 2006 and 2007.

  • Upon receipt of an anti-SLAPP notice, Plaintiff voluntarily dismissed its defamation complaint, which sought damages relating to FOX 5's investigative reporting regarding health conditions occurring at the Plaintiff's eyebrow-waxing business.

  • Provided counsel to client Seagate Technology LLC on IP matters and provided patent prosecution services. Seagate of Cupertino, California, one of only a few major manufacturers of hard disc drives and other complex storage products, has an excellent reputation for intellectual property management. We have provided counsel to this client on IP matters and provided patent prosecution services.

  • Taylor English is outside intellectual property counsel to ATLA, which hosts the largest dance career convention in the country, bringing together the top choreographers and dancers from around the world.

  • Provided counsel to Bernie Bilski and Rand Warsaw in conjunction with the landmark U.S. Supreme Court case Bilski v. Kappos.

  • Lead counsel to seller in connection with sale of food processing manufacturing plant in Atlanta, Georgia in 2006.

  • Lead counsel to national charter school in connection with purchase and development of real estate for charter schools in Georgia, Colorado, Ohio and Texas between 2006 and 2008.

  • Prepared and filed a utility patent application for a new fastening technology and a machine and process for implementing the technology in an automobile industry application. The client, a multinational manufacturer of fastener products, developed the technology.

  • Lead counsel to receiver in connection with multiple court-approved sales of operating properties in Georgia and South Carolina in 2014 and 2015.

  • Prepared a utility patent application and two design patent applications for a new consumer product. The product was developed by a local Atlanta resident who developed the product as a side business with the help of local business partners.

  • Drafted and prosecuted multiple patent applications for new technologies in the packaging industry and industrial valve industry.

  • Directed investigations into potential professional liability claims associated with the failures of four state-chartered banks in Georgia from 2006 to 2014. The investigations included examination of the conduct of bank directors, officers, lawyers, accountants, appraisers, engineers, architects, and other professionals, as well as the assertion of claims in connection with bankers’ bonds. Claims against directors and officers in two of the matters ...

  • Drafted and prosecuted multiple patent applications for new engine technologies for implementation on small passenger aircraft.

  • Represented one of the world’s largest mobile communications companies in a successful defense at trial in an International Trade Commission investigation involving RF circuitry and baseband software in mobile phones.

  • Led defense of claims of misappropriation of trade secrets and breach of loyalty in connection with departure of group of employees and establishment of competitive business. The parties reached a confidential settlement. Wells Fargo Foothill, Inc. v. Cratos Capital Partners, LLC.

  • Represented HD Supply in defending claims of breach of licensing agreement with software provider. Obtained quick dismissal of the case with prejudice. Appsense, Ltd. v. HD Supply Construction Supply, Ltd.

  • Prevailed on summary judgment (affirmed on appeal by the Eleventh Circuit) on behalf of American Express in major copyright infringement action involving maps of Atlanta in a dining guide. Crownfire Publications v. American Express.

  • Represented national and regional resort developers as lead and/or local counsel in connection with the financing of vacation ownership receivables through numerous term securitization, warehouse lines of credit, receivables hypothecation and whole loan sale transactions with combined transaction sizes/commitments in excess of $1 billion including the following: (1) Representation of a national resort developer in connection with a term securitization ...

  • After two-week jury trial in federal court in Atlanta, won a multi million-dollar verdict, including attorneys’ fees, on behalf of plaintiff (a company involved in 3-D imaging technology) for its failed acquisition by defendant. ND3D, B.V. v. Image Technology International, Inc.

  • Adair v. Boat Dock Innovations, LLC, et. al. (N.D. Georgia)

    Led the defense against an inventor/patentee in a case involving claims of infringement of a patent related to a boat dock ladder. Successfully petitioned the USPTO to reexamine the asserted patents—resulting in cancellation of all claims of one patent and significant narrowing amendments to the remaining patent’s claims. After a favorable claim construction ruling from the Special Master, the case ...

  • Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, ICH Intellectual Capital Holdings, Inc., for infringement of patents related to automated meter reading technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. ICH Intellectual Capital Holdings, Inc. v. Badger Meter, Inc., et. al.

  • Represented Mueller Water Products, Inc. in action against Datamatic Ltd. alleging patent infringement of Mueller’s patents for technology relating to Advanced Metering Infrastructure (AMI) systems. Negotiated a favorable settlement with defendant. Mueller International, LLC et al v. Datamatic Ltd.

  • Led the defense of generic pharmaceutical company in a case involving allegations of false advertising and infringement of a patent related to prenatal vitamins and iron supplements. The parties reached a confidential settlement right before trial. Mission Pharmacal Co. v. Virtus Pharma., LLC (W.D. Texas)

  • Led defense of New Hampshire-based company in patent and trade dress litigation involving drop prevention products. Assisted prosecution counsel with successful petition for Inter Partes Review at USPTO and successfully deferred related litigation, resulting in a favorable settlement for the client.

  • Represented Mueller Water Products, Inc. in suits for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by defendant, non-misappropriation of the defendants’ alleged trade secrets, and validity, inventorship, and ownership of client’s patent. Mueller Systems, LLC et al v. Teti et al. (E.D. Virginia and D. Massachussetts)

  • Represented several outdoor advertising companies in actions brought by a patent troll, T-Rex Property AB, for infringement of patents related to digital advertising technology.  The parties reached a confidential settlement.

  • Successfully transferred, deferred, or achieved dismissal of numerous patent infringement suits brought against a client’s distributors in favor of declaratory judgment suit filed by the client, the product manufacturer.

  • Anvil International, LLC v. Victaulic Company (PTAB)

    Obtained rulings from the USPTO’s Patent Trial and Appeal Board finding all challenged claims invalid in reexamination proceedings involving patents of a client’s competitor in the field of mechanical pipe couplings. Rulings resulted in a favorable settlement for the client.

  • Represented a receivables management and purchasing firm in connection with all senior and subordinated financings/credit facilities with combined transaction values in excess of $50 million. An example of a recent representation for this client includes a recapitalization transaction in which we served as lead counsel in all aspects of structuring, negotiating and documenting a senior and mezzanine debt refinance and a concurrent third party equity ...

  • Provided counsel to client Mueller Water Products, Inc. on patent matters, including prosecuting and maintaining the client’s patent portfolio.

  • Represents citizens in numerous judicial challenges to an attempt by Paulding County and outside investor groups to expand the Paulding County Airport to include commercial passenger service in competition with Atlanta Hartsfield Jackson Airport. Lawsuits include challenges to funding of the airport, open meeting violations, violations of Federal Aviation Administration procedures (representation as co-counsel), injunction hearings and Georgia ...

  • Served as lead counsel to a national developer (and certain subsidiaries) in connection with the structuring, negotiation and documentation of a private offering of $75 million senior secured notes. The note issuance was a highly significant event in the life of this client providing a part of the financing ultimately necessary for a subsequent merger transaction resulting in this client’s becoming a private company.

  • Successfully defended a private school against claims by the United States Department of Labor that its vocational program violated child labor laws and obtained an order awarding the school its attorneys’ fees. The favorable opinion from the Sixth Circuit Court of Appeals established precedent for all similar schools in the four-state circuit.

  • Wrote amicus curiae brief in support of challenge to Minnesota statutes limiting free speech activities near voting areas.

  • Defense of organizations across the country in personal injury claims, including child sexual abuse; defense of childcare centers throughout Georgia in licensing and general litigation matters. She served as a federal prosecutor, handling crimes against children, and has deep experience in constitutional litigation.

  • Successfully defended manufacturing company executives and management employees in lawsuit brought by former employee for wrongful termination, intentional infliction of emotional distress, and other tort claims. Obtained dismissal of all claims.

  • Achieved favorable confidential settlement at mediation on behalf of healthcare provider resolving litigation concerning race and national origin discrimination and retaliation claims in the Northern District of Georgia.

  • Obtained multiple temporary restraining orders in Georgia Superior Court on behalf of regional financial services firm, enforcing non-solicitation covenants of departing financial advisors and other executives who went to work for industry competitors.

  • Represented publicly-traded provider of enterprise workforce management hardware, software, and services in contractual claims against licensed reseller. Negotiated favorable confidential resolution of dispute prior to arbitration, which included reseller’s cease and desist of use of client’s products.

  • Defended individual clients in wage and hour litigation in the United States District Court for the Northern District of Georgia brought by live-in nanny for failure to pay overtime wages. Obtained summary judgment on FLSA claims as a result of successful assertion of the live-in domestic service workers exemption to FLSA’s overtime compensation requirements.

  • Defended a Chinese manufacturer in a counterfeiting and trade dress claim. Client was awarded attorneys’ fees in excess of $300,000.

  • Defended mortgage corporation against wrongful foreclosure and breach of contract claim. Client received an award of attorneys’ fees in excess of $30,000.

  • Suit by purchaser of computer equipment from Radio Shack. Plaintiff complained that the computer he purchased did not perform as advertised, thereby adversely affecting his business because, as he said, he could not perform spreadsheets. Directed verdict in favor for Tandy Corporation following two days of trial.

  • Co-defense counsel in case brought by family brought suit against Orkin, alleging exposure to chlordane and heptachlor, two termiticides in wide use at the time of trial. Directed verdict in favor of Orkin, after nearly two weeks of trial.

  • Family brought suit against Orkin in Alabama state court, alleging exposure to termiticides chlordane and helptachlor. Defense verdict in favor of Orkin after one week trial. Served as co-defense counsel.

  • Plaintiff alleged overspray exposure to pesticides while working in construction on a hotel in Palm Beach Gardens, Florida. Case settled on extremely favorable terms after discovery of plaintiff in West Virginia, his home state, showed no ill or lingering effects of exposure.

  • FAA alleged shipment of solvent, not properly identified. After preparation for hearing before NTSB, matter settled for favorable terms.

  • Premises liability case against pediatrics practice involving allegations of magazine racks falling and causing neurological damage on 17-year-old boy. Following a week-long trial, jury delivered a defense verdict in 19 minutes.

  • Property owner brought action against pest control operator alleging termite damage to his house, of which he should have been made aware and, he alleged, should have been repaired. Directed verdict granted in favor of Guardian Pest Control.

  • Plaintiff brought suit alleging property damage resulting from faulty inspection and treatment. During trial, plaintiff dismissed their complaint before motion for directed verdict could be ruled upon (law is now changed so that dismissal as a matter of right, which happened in this case, cannot be had once the first witness is sworn).

  • Plaintiff brought suit against exterminator alleging property damage, caused by termites, to her home. Plaintiff claimed more than $150,000 in actual damages, and punitive damages. Jury verdict for $19,000 after a four day trial.

  • Served as co-counsel on restrictive covenant matter, where former Orkin termite technician was servicing his former Orkin customers for his new employer, in violation of his non-compete agreement. In the first case to uphold a restrictive covenant in Georgia in almost 20 years, the Supreme Court of Georgia upheld the restrictions as being reasonable as to time and territory, and affirmed the grant of an injunction entered by the trial court. Co-prosecuting ...

  • Fire loss, allegedly caused by washing machine which caught on fire after hours, resulting in substantial damage to a large orthopedics practice. Matter settled for confidential amount, covering entire loss.

  • Plaintiff brought suit without attaching professional malpractice affidavit, which at that time included pest control operators. Trial court granted motion for summary judgment, which was affirmed by the Georgia Court of Appeals.

  • Active defense counsel for TBS, Inc. and subsidiaries, including CNN, CNN Español, and The Cartoon Network, Inc., in administrative charges filed at the Equal Employment Opportunity Commission and in federal lawsuits brought in Atlanta, Georgia, and New York, New York, alleging discrimination and retaliation under federal anti-discrimination laws. Taylor English regularly advises TBS, Inc. and its subsidiaries on complex employment law issues and prepare ...

  • Taylor English represents RentPath, Inc. in restrictive covenant lawsuits. Recently, we brought an action in Georgia Superior Court to enforce employee covenant agreements and recover damages resulting from the departures of several sales executives. Given the highly competitive nature of the industry, it was important that RentPath acted aggressively in enforcing its restrictive covenants. This matter resulted in a very favorable settlement in ...

  • Successfully represented Georgia DOT in its claims against contractor and in defense of counterclaims in trial courts and on appeal. Litigation over faulty construction of highways; involved complex analysis of chemical testing and accounting data.

  • Represented plaintiff in suit arising out of cost overruns on $100 million boiler project due to faulty construction drawings. Interviewed witnesses, reviewed documents, drafted motions and briefs, successfully argued against motion for partial summary judgment, assisted at trial, co-wrote post-trial and appellate briefs. Verdict for client in the amount of more than $4.6 million. United States Court of Appeals for the Fourth Circuit affirmed judgment and ...

  • Defended four Waste Management companies against claims of several hundred plaintiffs arising out of allegedly contaminated well water from adjacent dump site. Supervised discovery, wrote briefs, prepared fact witnesses for deposition and defended depositions, selected expert witnesses and defended at depositions, and took expert and plaintiff depositions. Case settled at close of discovery.

  • Claims of more than 500 individuals and businesses for personal injuries and property damage arising from exposure to dioxin. Took plaintiff depositions, selected and prepared expert witnesses, assisted at wrongful death trial, and general research and briefing.

  • Extensive experience includes representation of a large national franchisor in the acquisition and development of more than 800 new store sites, in the disposition of surplus property, and in the closing of more than 100 sale lease-back transactions, representation as lead counsel to landlord in connection with acquisition and development of retail outparcels and negotiation of dozens of single-tenant retail leases for multiple sites in Georgia, North ...

  • Experience includes representation as closing counsel in more than 100 sales of REO commercial and residential property, and representation as closing counsel in numerous closings of commercial property.

  • Represented a large federal government contractor in a dispute against the surety of a defaulted grading subcontractor. The grading subcontractor had already been paid nearly 90 percent of the contract amount when the contractor had to terminate the grading subcontractor. The work was so defective that the contractor incurred costs exceeding the original contract in completing the work. After a two year arbitration, achieved an award against the surety for ...

  • Represented a large health care provider in a bid protest of the Georgia State Health Benefit Plan.

  • Represented a grading contractor in a dispute involving the construction of a cemetery on behalf of the Veterans Administration in Puerto Rico.

  • Defended HomeBanc, and its former CEO, in Wage-Hour collective actions in Georgia and Florida federal courts seeking to treat mortgage loan officers as non-exempt and thereby entitled to overtime pay. All were settled very inexpensively.

  • Assumed defense of Massachusetts Mutual Life Insurance Company after a default judgment had been entered against the company by a federal judge in Georgia, in an ERISA case discovery dispute. After a hearing on damages, we appealed to the 11th Circuit, which vacated the default judgment.

  • Defended Fortune 100 companies, including John Harland Co., Brown & Williamson, General Motors, IBM, Tenneco Packaging/PACTIV, and Rockwell International in various individual and class action discrimination suits, jury and non-jury, in federal courts in Georgia.

  • Served as attorneys’ fee expert for an ERISA fiduciary and the City of Atlanta.

  • Represented a national Fortune 500 banking institution in the $11.7 million construction and acquisition loan to a full-service commercial and residential real estate developer secured by raw land and the proposed construction of a four-story, 75,000 sq. foot multi-tenant office building in Daniel Island, South Carolina.

  • Represented one of the world's leading foodservice retailers in the rebuild and redevelopment of more than 100 properties throughout the United States.

  • Represented a Japanese institutional investor/owner in the sale of a landmark Midtown 50-story office tower containing 1.1 million sq. feet of net rentable area for $307 million, which held, at that time, the record for the highest purchase price for a single office building in the Atlanta, Georgia market.

  • Represented a private equity group in the purchase of a 128,000 sq. foot shopping center anchored by Publix in Woodstock, Georgia, and in the acquisition of a 78,000 sq. foot shopping center in Alpharetta, Georgia.

  • Represented a leading real estate investor/developer in the acquisition and financing of a 21-story 446,000 sq. foot office tower and in the acquisition of raw land in Midtown Atlanta, Georgia.

  • Guided client in its sale of three subsidiaries to three different buyers which included a public company and a management buy-out

  • Advised numerous corporate clients in structuring reorganizations, spin-offs, joint ventures, transfers to controlled corporations, and other tax-deferred transactions in connection with mergers, acquisitions and divestitures and other corporate transactions.

  • Advised alternative fuel client in the structure of a private placement of $10 million of senior notes

  • Advised client in the formation and capital structure of a real estate investment company engaged in the purchase of retail-anchored commercial shopping centers in secondary markets in the Southeast.

  • Represented a local developer specializing in historic preservation projects in the conversion of a steel mill to form a medical office condominium development and in the conversion of a school house to form a luxury residential condominium development in Augusta, Georgia.

  • Represented the nation’s largest owner/operator of economy extended-stay facilities in the acquisition of extended-stay facilities in Georgia and Texas.

  • Represented national lending institutions and a foreign car manufacturer in the foreclosures of a hotel properties, shopping centers, apartment complexes, raw land and a car dealership located in throughout the State of Georgia during the last down-turn of the economy.

  • Represented a privately-held specialty contracting company in connection with its acquisition by a private equity firm for a total purchase price of more than $50 million.

  • Extensive experience representing clients in negotiating various types of commercial contracts. Recent transactions include agreements with multiple public relations agencies, rental agreements for event spaces, collection agency agreements.

  • Extensive experience creating agreements tailored to the needs of higher education clients, including course development agreements, symposium agreements, guest speaker agreements, services agreements and agreements related to student financial obligations.

  • Successfully litigated claims that the IRS imposed unconstitutional viewpoint discrimination against 41 non-profit educational and advocacy groups.

  • Represented solar, wind, and biomass renewable energy developers in the structuring of entities to raise equity and debt supported by tax credits and grants.

  • Representing large non-profit university with respect to domestic and international tax planning, compliance and controversy matters.

  • Represented national REIT’s as well as local/regional landlords for ground up developments and redevelopments.

  • Negotiated approximately 250 leases representing a national sporting goods chain.

  • Supported client Earth Fare, Inc.’s growth strategy by negotiating the company’s new store leases and other acquisitions. Earth Fare has 40 stores open and operating for business nationwide. The company continues to add stores with us leading new store lease agreement negotiations. Since 2013, we have worked on multiple new store location leases.

  • Lead counsel for a local developer specializing in historic preservation projects in the conversion of a textile mill to a medical office condominium and, simultaneously, in the conversion of a nearby former school building into a luxury residential condominium development, both in Augusta, Georgia.

  • Lead counsel for Lender in a $14.5 million loan for the acquisition of a remediated brownfield site and the construction of a 63,000 sq. foot Class A office building in downtown Charleston, South Carolina.

  • Represented Outdoor Systems, Inc. from 1996 to 2002 in more than 35 acquisitions (stock, asset, mergers, like-kind exchanges) of outdoor advertising businesses ranging in value from $5 million up to $1 billion, as well as in connection with the sale of OSI to Infinity Broadcasting in a public company transaction worth more than $8 billion.

  • Represented the shareholders of an international hair care products manufacturer in the sale of the stock of their company to a multinational manufacturer of personal care products and household products in 2007. Representation involved negotiating noncompetition agreements that permitted shareholders to pursue their interests as well as employment agreements for those clients who were staying with the company.

  • Negotiated 10-year $500 million TV broadcast agreement with Fox Sports on behalf of an MLB team which, at that time, was the largest broadcast agreement for any sports team.

  • Negotiated acquisition of a major league sports team, handled related matters with MLB and represented team in negotiating sponsorship, concession, franchise and suite license agreements.