Modification of more than 75 loans for the FDIC as receiver for various banks.
Served as counsel for a student-housing developer in the acquisition and development of three projects. Negotiated construction loans in the amount of $32 million, $27 million, and $15 million. One of the projects was partially funded by development bonds from the City of Louisville. In 2014, refinance two of the properties with a $35 million permanent loan.
Represented clients in civil investigations, subpoenas and lawsuits by the United Department of Justice and State Attorneys General Offices of Michigan, Illinois, Pennsylvania, Florida, Utah, Alaska, Kansas, Georgia, Wisconsin, Ohio, Indiana and Minnesota regarding alleged general deceptive trade practice.
Reviewed and advised clients on marketing materials, prize promotion materials, and sweepstakes for various jurisdictions.
Represented clients to resolve complaint issues, volume, and pattern with various United States Attorneys General.
Represented clients to address and resolve issues and improve ratings with various Better Business Bureaus, including obtaining favorable settlement that required the BBB to reinstate a client’s A+ rating and correct inaccuracies in their business summary.
Represented clients in investigations or in obtaining an opinion or ruling from state or local taxing authorities regarding the application of sales and use tax to various products and services.
Represented clients in state by state registration of the multi-site timeshare plans, including state registration work for telemarketing and seller of travel purposes.
Represented clients in the preparation and registration of developments under the Federal Interstate Land Sales Act.
Represented clients in the acquisition, formation and development of residential and resort property, including condominium, timeshare and country club developments.
Managed, as EMS Technologies, Inc. General Counsel, auction, due diligence and sale processes in completing sale of publicly-traded (Nasdaq) company in response to hedge-fund activist shareholder-initiated proxy contest. The transaction, which had a public tender offer price of approximately $500 million, added to the Honeywell aerospace and scanning and mobility businesses various EMS wireless communications business units serving the business ...
- $100 million plus negotiated settlement over satellite phone manufacturing and distribution agreement
As General Counsel of EMS Technologies, Inc., led negotiation of a favorable settlement of a dispute over performance in a development, manufacturing and distribution agreement for the next generation handheld satellite phone with leading satellite communications provider, resulting in continuing royalty stream to EMS and avoiding extensive litigation.
As in-house Intellectual Property and Technology Counsel for UPS, led formation of the first nationwide cellular data network, which was developed for UPS’s package-tracking application, overcoming substantial antitrust compliance concerns; negotiated multiple carrier services agreements and contract tariffs.
Represented numerous banks in successful resolution of hundreds of loans acquired from multiple failed banks including workouts, litigation and judgment collection, foreclosures of real and personal property, statutory confirmation of foreclosures, litigation regarding loan participation disputes, and resolution of real property title issues. Advises banks regarding compliance with garnishment, levy, subpoena and bank secrecy matters.
Established comprehensive and lucrative system for regional equipment lessor to enforce lease and service contracts.
Bench trial results in judgment on professional negligence and Georgia civil Racketeer Influenced and Corrupt Organizations Act through a non-jury trial in US District Court of North Georgia. Successfully obtained judgment.
Represented alleged debt collectors in defeating a federal Fair Debt Collection Practices Act, Georgia Fair Business Practices Act, and Georgia Unfair or Deceptive Practices Toward the Elderly Act lawsuit on a motion to dismiss for failure to state a claim in federal district court and on appeal in a Per Curiam Affirmed decision by the Eleventh Circuit Court of Appeals.
Represented alleged debt collector in defeating a federal Fair Debt Collection Practices Act claim on a motion to dismiss for failure to state a claim in federal district court.
Advised companies regarding compliance with the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Georgia Fair Business Practices Act (FBPA) and Florida Consumer Collection Practices Act (FCCPA).
Represented individual real estate broker and company and assisted in nonbinding arbitration resulting in a defense verdict of a residential real estate dispute involving allegations of fraud and breach of duty.
Obtained summary judgment in a lawsuit involving breach of promissory notes and obtained satisfactory result for client through post judgment collection efforts.
Initiated effort which ultimately led to the Florida Legislature striking the derogatory term "shylock" from the usury laws of the Florida Statutes.
Successfully resolved hybrid wage and hour collective/class action brought by managers of national coffee store company who alleged that they were misclassified as exempt.
Recovered in arbitration more than $2 million in additional severance benefits for a senior executive who was let go by his company after it was acquired.
Represented the Federal Deposit Insurance Corporation, as Receiver for Silverton Bank (FDIC-R), in three separate federal court actions against borrowers and guarantors who defaulted on loans made by Silverton Bank, which failed in 2009. In each of the three cases, summary judgment was granted to the FDIC-R on its claims for breach of contract, interest, and attorneys’ fees in the aggregate amount of more than $10 million. The rulings in these lawsuits confirm ...
Obtained jury verdict for Fortune 200 company in a potentially $50 million case in which plaintiffs alleged that their plant was closed because of the age of the workforce in violation of the Age Discrimination in Employment Act.
Successfully defended the first class action under the WARN Act.
Defeated a putative class action in California by agents of national financial services company by successfully moving to compel individual arbitrations in Georgia.
Defeated class certification by current and former students at national for-profit university who alleged various state law tort claims.
Successfully resolved putative collective action by managers and assistant managers of national fast food restaurant chain who alleged that they were misclassified as exempt under the Fair Labor Standards Act.
Represented Atlanta Public Schools in favorably resolving a class action brought by the ACLU that raised federal and state constitutional and statutory claims with respect to the adequacy of education, procedures for assigning and disciplining students, and search practices at alternative high school.
Won jury verdict for large privately held company in dispute over the terms and conditions of the lease for its corporate headquarters.
Served as outside counsel for one of the leading private restaurant groups in the Southeast formerly helmed by one of a select group of certified Master Chefs in the United States and regularly listed in the Atlanta Business Chronicle as a Top 100 in Atlanta Hospitality. A recent hospitality related engagement includes the following: Representation of the licensor in a license arrangement with a joint venture for the Fly Burger restaurant concept in the Atlanta ...
Representation of a full service steel center in connection with a steel business plant acquisition and approximately $3 million working line of credit.
Representation of a master distributor of weld fittings, flanges and forged steel in a $23 million ABL credit facility.
Represented specialty finance company lender in connection with structuring, negotiation and documentation of several commercial real estate secured loan transactions, primarily in the Southeastern United States.
Represents multiple restaurateurs and restaurants, in connection with all legal matters, such as entity structuring and formation, contracts, trademark registration and licensing, alcohol beverage and related licensing, acquisitions and other general corporate matters.
Represented and counsel to multiple developers of fractional real estate products in various resort locations within the United States, including the development of fractional single family residences.
Representation of a shopping center developer as Georgia counsel in a multi-state, multimillion dollar defeasance and commercial loan transaction.
Representation of a hotel company as Georgia counsel in a multi-state, multimillion dollar hotel property refinancing.
Represented a specialty finance company resort lender in connection with structuring, negotiating and documenting a vacation ownership receivables loan sale program.
Represented a national resort developer in connection with a $30 million loan consolidation of multiple real estate and resort secured loans.
Represents numerous small businesses in connection with a variety of general corporate, contract and transactional matters across different industries, including healthcare, publishing, promotional/marketing, restaurant, travel, retail and others.
Represents two of the largest franchisees (with more than 100 combined locations) of a major national quick serve restaurant company in connection with the financing of the transfer of franchise ownership to new owners.
Represented a bank resort lender in connection with the structuring, negotiation and documentation of the conversion of a construction loan to a vacation ownership receivables hypothecation loan.
Represented multiple airlines in purchase agreements for an estimated $40 billion of aircraft from Boeing, Airbus, Bombardier, Embraer, and other manufacturers. This includes negotiating with multiple engine manufacturers, related negotiations for maintenance and service contracts, and manufacturer financing commitments.
Represented airlines, lessors, and lenders in the loan and lease financings of more than 2,000 airline-operated aircraft. This includes secured loans, operating leases, and full-payout single-investor and leveraged leases–domestic and cross-border–with a total financed amount estimated at $100 billion.
Our representation of financial institutions include representing financial institutions who purchased assets from the FDIC. Taylor English routinely files suit on behalf of the purchasing bank and against borrowers on loans made by the defunct financial institution. In a particular litigation, the borrower argued summary judgment was improper because the terms of the Loss Share Agreement, not discovered, was relevant to establishing the purchasing ...
A widow living out of state contacted Taylor English seeking representation against a Georgia limited liability company for repayment of a business loan. The widow’s husband who had loaned the funds to the business passed unexpectedly. The only evidence of the loan was a personal check from the deceased to the business. Although the widow had been previously told the oral agreement was unenforceable, we were able to recover most of the loan proceeds in a structured ...
After representing a client corporation in the sale of its stock in a target company to a purchaser, collateralized by the target company’s stock, a default occurred. The client suspected the purchaser was draining the assets of the target company and filed suit against the purchaser for an accounting. The accounting revealed extension siphoning of assets of the target company by the purchaser. Pursuant to the terms of the stock purchase agreement, the ...
Our client, an art dealer, hired a third-party to install art pieces in a hotel. The installation went poorly and the client had to tear out the work and re-install the art. The third-party installer sued the client for non-payment. The client successfully defended against all claims of the third-party and recovered all the expenses it incurred repairing and re-doing the work of the third-party.
Our client, a financial institution, sought to recover from a borrower for an unpaid loan. The borrower denied liability and brought a claim for fraudulent inducement, fraudulent misrepresentation, and intentional infliction of emotional distress. The trial court granted judgment in favor of the financial institution and denied the borrower’s claims. Although it may appear this was a typical breach of contract case, it was unique because the bank was sued ...
Provide general legal services to several temporary staffing companies and recruitment process outsourcing organizations. Some of these services have included redesigning the client’s contracting process and agreements and assistance in reviewing and negotiating contract terms.
Won summary judgment against the plaintiff’s claim for minimum and overtime wages under the Fair Labor Standards Act based upon the fact that the plaintiff was exempt under the computer professional exemption.
Represented the plaintiff to a satisfactory resolution in companion litigation in Georgia and Colorado to enforce restrictive covenants and obtain protection against the misappropriation of trade secrets.
Represented the defendant, a Seventh Day Adventist school and sanitarium, against claims brought by the plaintiff under Tennessee’s workers’ compensation statutes. The defendant’s defense was based in part under the United States Constitution and the Tennessee Religious Freedom Restoration Act.
Prepared a private placement memorandum and related documents, including obtaining approval from the Georgia Department of Banking and Finance, for the private issuance of securities by a Georgia-chartered community bank.
Prepared a private placement memorandum and related documents for a $500,000 Series A financing for a legal data service provider.
Represented VueLogic, LLC in sale of the company to strategic purchaser.
Acted as counsel to Dew Learning in a corporate reorganization and recapitalization through which Dew Learning became a wholly-owned subsidiary of Dew IT Holdings, LLC ("Holdings"), the former members of Dew Learning exchanged their interests in Dew Learning for membership interests in Holdings, and Holdings was capitalized by the sale of $2.5 million in convertible notes to its majority owners.
Represented Wellons Group, a manufacturer and operator of renewable energy co-generation systems using biomass as fuel. Wellons enters business relationships with industrial facilities with needs for steam and electricity usage whereby Wellons enters into leasing, financing, and power purchase agreements with those facility owners for purposes of Wellons’ establishment and operation of biomass-fuelled co-generation systems on the facility owner’s ...
Represented Pristine Sun, LLC as the borrower on a $3.2 million credit facility provided by Partners for Growth IV, LLC, as the lender. Acted as counsel for the borrower, reviewed and negotiated the loan agreement and numerous collateral agreements, issuing an opinion as counsel to the borrower.
Represented AFS Logistics, LLC as the successful bidder to purchase substantially all of the assets of Chapter 11 Debtor Trendset, Inc., in the United States Bankruptcy Court in Spartanburg, South Carolina. We handled this matter responsively and efficiently in one week from engagement to closing, including preparing and submitting the bid, winning the bid in a competitive auction, obtaining Bankruptcy Court approval of the proposed asset purchase, and closing ...
Developed internal compliance procedures for a call center providing third party services to payday lending clients.
Advise privately-held software company in offering of preferred to existing investors to repay and retire outstanding convertible notes.
Represented the developer of efficiency-management programs in the nationwide licensure of its proprietary software to a Fortune 500 owner of medical laboratories.
Represented a European software company in the establishment of its United States operations, including the formation of the United States subsidiary, development of product sales agreements, software license agreements, channel distribution agreements, employment law matters and related issues.
At a previous firm, one of our attorneys represented a Fortune 500 international supply chain logistics provider in a multi-year strategic alliance agreement with a Fortune 500 automobile manufacturer that implemented sophisticated supply chain logistics technologies in the manufacturer’s supply chain. The deal was chronicled by Pulitzer Prize-winning author Thomas L. Friedman’s book, “The World is Flat,” as one of the “ten deals that helped to ...
Advise covered entities on business associate agreements to manage risk.
Advice on data disposal following sale/wind-down of healthcare practices
Lead counsel in $500 million corporate acquisition involving two publicly traded manufacturers.
Represented the liquidating trust of a bankrupt Real Estate Investment Trust based in Las Vegas, Nevada, in suing the former directors and officers of the REIT (and other parties) for breaches of fiduciary duty and negligence in the United States District Court for the District of Nevada and for avoidance and recovery of preferential and fraudulent transfers in the United States Bankruptcy Court in the same district from 2012 to 2014. The firm filed three lawsuits ...
Obtained a recovery of more than a million dollars for one of the largest ticket brokers in the United States related to the fraudulent sale and exchange of tickets for the Vancouver Winter Olympics.
$4,300,000 loan renewal and extension of hotel company.
Led team serving as regional and national coordinating counsel for a major national termite and pest control service provider, defending the company in cases involving claims for personal injury and property damages arising out of alleged pesticide exposures.
Appeared as lead counsel in multiple jurisdictions, handling all aspects of the company’s defense, from selection and management of local counsel, through discovery, dispositive motions, mediation ...
Obtained six-figure jury verdict against individual defendants and a country club on claims of defamation, harassment, breach of fiduciary duty, and conspiracy based in part on successful investigation and presentation of defendants’ spoliation.
Arbitration ruling in favor of plaintiff for construction company. Obtained plaintiff’s verdict of $640,000.
Won appeal to the Court of Appeals of Georgia on premises liability matter for national retail grocery chain.
Obtained dismissal with prejudice from court in premises liability case in which plaintiff’s experts alleged $15 million in long-term medical needs.
Defended BSI, the world’s first national standards body, and one of the world's largest independent certification bodies for management systems, with over 90,000 registered sites across the globe, in a wage/hour lawsuit (alleged misclassification) filed by a former employee, seeking more than $100,000 in alleged unpaid overtime and related damages and fees. At the completion of discovery, we successfully moved for summary judgment on our client’s behalf ...
Represented ESE Holdings in obtaining a $5 million loan from Farmers and Merchants Bank. The loan proceeds are being used for growth and expansion plans. The loan is guaranteed by Rural Development, an agency of the United States Department of Agriculture.
Obtained summary judgment for employer in defense of claims for breach of contract, fraud, negligence, intentional infliction of emotional distress, civil RICO, and punitive damages. As a result of seeking judgment before trial was even made necessary, client was able to secure a victory, forego the expense of trial, and even obtain its attorney’s fees based on the factually lacking allegations asserted.
$2,378,000 loan renewal of real estate investment company.
Defeated certification of putative national consumer class action against carpet manufacturer involving claims of personal injury and violation of various state unfair and deceptive trade practices statutes (UDTPA) arising out of sale of new carpet that emitted allegedly harmful levels of volatile organic compounds (VOCs).
Obtained six-figure jury verdict on behalf of plaintiff against multiple defendants in real estate fraud case.
Defended a lawsuit on behalf of specialty shoe company by former franchisee. $500,000 demand awarded.
Successfully defended a textile company and its employee in a negligence action arising from a multi-vehicle accident. A diligent and thorough investigation resulted in a negotiated settlement of one-sixth of the initial demand.
Obtained dismissals in favor of defendants in several cases involving alcohol retailers who had been sued for providing alcohol to minors or to individuals who were intoxicated.
Represented global insurance company in age discrimination lawsuit following reduction-in-force. After extensive discovery, we successfully moved for summary judgment on behalf of the employer. This resulted in a judgment in the company’s favor, as well as an award of costs against the plaintiff.
Represented longtime client in the sale of their software business to a private equity-backed platform software developer. Client was able to successfully exit the business at an enterprise value of $30 million (well in excess of their expectations) after an initial investment of less than $1 million.
Successfully moved for summary judgment in favor of employer against disgruntled ex-employee for claims related to intentional infliction of emotional distress. By aggressively defending claim, and refusing to be held hostage to the claims asserted, client was able to obtain victory before trial was made necessary and was awarded more than $100,000 in attorney’s fees in so doing.
Defended termite service provider in state court actions in Florida, Georgia, Tennessee, and South Carolina involving allegations of consumer fraud and violations of state consumer protection statutes. Successes include defeat on appeal of class certification in consumer class action asserting claims of consumer fraud and violations of Georgia Deceptive Trade Practices Act.
Represented a manufacturer in a jury trial for a racial harassment claim in 2014. Obtained jury verdict in favor of defense.
Represented national retail grocery chain in premises liability action brought by a customer for injuries allegedly sustained while on the premises. A background check and multiple open records requests uncovered nearly 100 criminal convictions that the plaintiff had not disclosed in discovery and these were used to negotiate a settlement for a fraction of the amount originally demanded.
Obtained summary judgment in favor of defendants in case where plaintiff sought more than $100 million in damages as a result of alleged mismanagement of corporate assets, conspiracy and breach of fiduciary duty.
After obtaining favorable result on behalf of one of the nation’s largest grocery chains, the plaintiff attempted to back out of the agreement. Client was not only able to enforce the terms and conditions of the agreed upon settlement, but was also awarded all of its attorney’s fees and costs incurred in so doing.
Mid–size regional bank $1,069,000 loan for alcohol distribution company.
Obtained dismissal of multiple environmental citations issued to a local restaurant and its owner.
Recovered a multimillion-dollar confidential settlement for a waitress who was rendered a quadriplegic due to a defective road condition that forced her vehicle into oncoming traffic.
Successfully compelled compliance with client’s restrictive covenants against a group of departing employees before expense of litigation arose. Given the fast and aggressive strategy employed, client was able to prevent the disclosure of its trade secret and confidential information, as well as the solicitation of its existing client base.