Defended national truck and trailer rental company in accident litigation involving allegations of negligence, product liability, and negligent entrustment. Served as lead counsel defending the company and its employees in numerous matters and conducted pre‐litigation investigations, evaluations and negotiations. Successful outcomes included leading the investigation and defense of five wrongful death actions arising out of a catastrophic single ...
Served as an expert witness/expert adviser with respect to law firm economics and operations in connection with the bankruptcy proceedings of two major law firms.
Obtained judgment, including attorney’s fees, against an automotive business in an action arising out of a breach of a loan agreement.
Recovered settlement of $800,000 against one party and won verdict of $1.25 million against accountant/attorney who served as a trustee for fraud and breach of fiduciary duty. Trustee improperly paid $800,000 to one beneficiary and misappropriated an additional $180,000 for his own personal benefit.
A Qui Tam Plaintiff (client) brought an action on behalf of the City in the Circuit Court of Hamilton County (Chattanooga) under the Tennessee False Claims Act, alleging a pattern of persistent overbilling of the City by the electric power board which was in some respect associated with the city. The amounts at stake include approximately $20 million over approximately 20 years, and an estimated $9 million during the last 10 years. The damages are subject to mandatory ...
Represented management of an industrial services company in their dispute with a controlling private equity investor. The representation ultimately led to a management buyout at a deep discount on the investor’s initial investment and subsequent triple digit annual returns on management’s investment.
Resolved breach of contract, corporate veil liability and fraud claims.
Led team that developed and implemented a national discovery counsel program for a major national retailer for its general liability claims, including premises liability and product liability claims. The program resulted in improvements in consistency and efficiency of discovery responses, improved litigation outcomes, and overall litigation cost reduction.
Obtained $1.1 million judgment in securities fraud litigation.
Recovered verdict of $1 million from MARTA for the attack on a patron in a MARTA station.
Represented chemical manufacturing company in pregnancy discrimination lawsuit filed by terminated employee. Following extensive discovery, filed a successful motion for summary judgment on all plaintiff’s claims. The court entered judgment in favor of the company, and ordered plaintiff to pay costs to the company.
Represented management in connection with the sale of a large commercial services company by one private equity investor to another. Transaction valued in excess of $200 million.
Defense of pharmaceutical liability and medical device litigation involving contraceptives, medicines for treatment and prevention of bone loss, blood thinners, cholesterol reduction medicines, anti‐depressants, and latex gloves. Examples of experience include: obtaining orders excluding opposing expert opinions and granting summary judgment; development and coordination of expert witness testimony in Multi-District Litigation; serving on ...
Won motion to dismiss and defeated appeal over plaintiff’s attempt to negate a venue selection clause based on strong Illinois public policy.
Obtained defense verdict in lawsuit against alcohol retailer whose employee sold alcohol to a minor, in which the minor then was involved in a car accident, killing the other individual in the vehicle.
Represented transportation company in race discrimination lawsuit filed in state court in South Georgia. Removed the case to federal court, and instituted discovery. After plaintiff failed to appear for his deposition, we demanded that plaintiff pay travel and other costs associated with his failure to appear. Faced with the likelihood of paying costs to the company, the plaintiff dismissed his lawsuit.
Represented a paper converter in all business matters, including four acquisitions and two leveraged recapitalizations over a ten year period. Investor equity during that period increased 40 times.
Recovered $2.4 million from MARTA for the attack and kidnapping of a patron from a MARTA parking deck.
Success in obtaining entry of an order in a shareholder battle for control of family owned corporations (1) granting interlocutory injunction, (2) granting clients’ motion for appointment of a receiver based on demonstrated deadlock among the corporate officers and directors, and (3) granting motion for citation of contempt based on failure of opponent shareholders/directors to comply with the interlocutory injunction order.
Multiple acquisitions of retail shopping centers throughout the Southeast for German acquisition and asset management fund.
Foreclosure of Kingwood golf and country club in North Georgia on behalf of a mid–size regional bank.
Sale of Kingwood golf and country club in North Georgia to a third-party purchaser.
Foreclosures, loan workouts and REO sales of numerous commercial and residential properties.
Successfully represented a national PPE manufacturer and distributor in a penalty and liquidated damages proceeding with U.S. Customs and Border Protection and obtained a penalty reduction of 99.8%.
Lead counsel to general contractor involving multi-million dollar allegations of lost inventory and personal injury claims stemming from industrial accident in North Carolina arising during course of construction.
Lead counsel to governmental entity in connection with general liability insurance coverage of employment discrimination claims brought by current and former employees. General liability carrier denied coverage for a significant portion of the claim. Claim was satisfactorily settled prior to hearing on cross motions for summary judgment.
Represented Dutch company in acquisition of U.S.-based financial services firm.
Represented U.S. agribusiness company in acquiring several farming operations in south Georgia.
Advised Thailand company on potential tax consequences of business activities in the U.S. under U.S. income tax laws and U.S.-Thailand income tax treaty.
Advised U.S. company on tax consequences of conducting temporary business in Singapore.
Advised foreign investor on tax-efficient means for disposition of interest in real property situated in the U.S. and tax consequences under FIRPTA, U.S. gift and estate tax laws, and U.S.-German income and transfer tax treaties
Representation of company in action alleging wrongful interference with another company’s non-compete agreements with its employees.
Representation of company and its shareholders in action against former chief financial officer for fraud.
Representation of former consultant in action alleging misappropriation of trade secrets.
Representation of dental practice in action for appraisal and buy-out of minority shareholder.
Representation of minority shareholder in action against company and majority shareholder for breach of fiduciary duty in “freezing out” minority shareholder.
Representation of company and its shareholders in action against bank for wrongful termination of line of credit.
Representation of former officer of company in action alleging wrongful denial of promised equity in company.
Representation of a real estate management company in action alleging liability for defective maintenance of elevator.
Represented European company in sale of U.S.-based computer software company.
Represented a U.S. telecommunication servicing company in structuring a tax-efficient spin-off
- Structured forward triangular mergers and reverse triangular mergers and tax consequences of these transactions
Advised several companies in structuring forward triangular mergers and reverse triangular mergers and tax consequences of these transactions.
Oversee all elements of response to a data incident, including coordination with forensic investigators, law enforcement, communications, and insurance provider.
Defended recycling company against nuisance and noise trespass claims which were eventually dismissed.
Assist clients in design and implementation of new profit sharing plans and ESOPs.
Advise on legal risks associated with penetration testing, gap assessment, and information governance audits and assessments, both internal and third-party.
Amanda handled the trademark licensing and rights of publicity issues on behalf of DSW and Vince Camuto in negotiating a partnership with Jennifer Lopez to create a footwear line.
Represented Texas real estate developer in complex civil suit against contractor for defective pier installation in federal court. Won jury verdict for Plaintiff which is currently on appeal.
Filed suit on behalf of an ethanol producer in a business dispute with its raw material supplier that was successfully resolved by re-negotiating long-term supply agreement.
Advise clients on risk and liability reduction, including drafting contract provisions relating to consumer liability issues, warranties, liability limitations and waivers.
Defended packaging component manufacturer in pre-suit claim by the client’s customer, a consumer product manufacturer, to recover product recall costs and other damages arising out of alleged package defect.
Assisted client in investigation of claims for wrongful death and traumatic injury arising out of an industrial explosion. Conducted risk assessment and early case evaluation and negotiated favorable pre-suit settlements through mediation.
Represents clients defending and pursuing claims under federal environmental statutes, including RCRA and CERCLA cost-recovery actions. Recent successes include obtaining summary judgment in favor of a client in a multi-party environmental cleanup cost recovery action.
Obtained orders granting motions to dismiss Lanham Act false advertising actions brought by nutritional supplement manufacturer against client convenience store operators arising out of the sale of allegedly mislabeled male enhancement supplements.
Currently defending property owners and managers in premises security cases involving wrongful death and serious injuries.
Filed and obtained issuances for dozens of design patents covering a wide range of consumer products, such as Christmas ornaments and serving products, hats and hat brims, high-heel shoes, medical bracelets, measurement tools, pipe couplings and gaskets, and clothing.
Prepared, filed, and obtained an issued patent for an optometry eye template for a solo inventor optometrist for the use of easy diagnosis of glaucoma.
Russ manages and prosecutes the extensive patent portfolio of Mueller Water Products, Inc., a multinational corporation of companies producing a wide variety of water system products, such as water meters, valves, fittings, fire hydrants, pipes, leak detection equipment and communication systems, and other various water accessories. Russ has overseen the issuance of dozens of utility and design patents for Mueller over the course of his career.
Russ manages and prosecutes the extensive patent portfolio of Pratt Industries, Inc., a major manufacturer of corrugated cardboard products and related equipment, including numerous utility and design patents covering home delivery boxes, insulated boxes and bags, plastic wrap dispensers, glass packaging, and bag stands.
Russ manages and prosecutes the intellectual property portfolio, including patents and trademarks, of and provides licensing advice for Tie Down, Inc., a Georgia Manufacturer of construction, marine, and agricultural equipment.
Prepared and filed utility and design patent applications to protect the We Leash, a training leash sold by start-up company We For Dogs. Both applications eventually issued into patents.
Lead counsel to publically-traded manufacturer in connection with acquisition and development of new foundry in Illinois. Transaction value approximately $16 million.
Lead counsel to developer in connection with acquisition and construction financing of approximately 500,000 s.f. industrial warehouse/logistics center in Atlanta, Georgia.
Lead counsel to developer in connection with acquisition and development of multiple townhome multifamily properties from 2018-present in Georgia, Florida, South Carolina and North Carolina. Transaction value of multiple investments in excess of $70 million.
Lead counsel to lender in connection with the 2020 acquisition and financing of a 125,000 s.f. medical office portfolio in Illinois.
Lead counsel to developer in connection with the sale of multiple LIHTC properties in Georgia during 2017-2020 period with a combined transaction value in excess of $74 million.
First-chaired a four day jury trial in an admitted negligence case in which Plaintiff asserted that she began to suffer neck pain shortly after an automobile accident. The plaintiff underwent three cervical spine surgeries, the first surgery occurring a mere five months after the accident. Plaintiff had no significant complaints of neck pain prior to the accident and the defense took the position that the need for the surgeries was not due to the symptomology (neck ...
Achieved a total victory for our client in a $10 million trademark infringement matter in the Western District of California, effectively using a summary judgment motion to cancel the plaintiff’s trademark and dismiss all infringement claims against our client. Our team demonstrated that our client had common-law priority over the plaintiff, which had a federal trademark registration.
Achieved a total dismissal of all claims against our client in a nine-figure trademark infringement case in the Western District of Texas. Our team used dispositive motions to resolve all of the claims, which accused our client Bankrate of trademark infringement and unfair competition based on the use of the plaintiff’s licensed trademark in Google searches and keyword advertising.
Advise on CCPA readiness and draft appropriate policies.
The firm handled the real estate and opportunity zone structuring for a $25 million adaptive re-use project for a developer on the west side of the Atlanta Beltline that also involves state and federal historic tax credits.
The firm structured all aspects of an opportunity zone real estate investment, including forming the Qualified Opportunity Fund, of a $50 million adaptive re-use project in Greenville, South Carolina including a brewery, retail and a multifamily component.
Assisted a fund manager in evaluating, structuring, and executing on three transactions that qualified for the Opportunity Zone Program.
Lead counsel to developer in acquisition and development of adaptive reuse of former cotton warehouse in 2019 into a mixed-use retail and multifamily property in South Carolina. Total investment (including multifamily) in excess of $22 million.
Lead counsel to developer in connection with acquisition and development adaptive reuse project in 2019 of former city prison into approximately 70,000 s.f. of Class A creative office space, financed in part with state and federal historic tax credits. Total investment in excess of $20 million.
Structured multiple real estate opportunity zone transactions, including a transaction in excess of $125 million in central Florida and transactions locally that also included a tax deferred like kind exchange and the monetization of federal and state historic tax credits.
Defended a large furniture company in a contentious arbitration in which $14 million in damages was alleged. The Georgia Court of Appeals ruled in favor of the furniture company, and after an appeal by Plaintiff, the Supreme Court of Georgia issued a unanimous decision affirming the Court of Appeals.
Lead counsel to manufacturer in connection with two carriers (primary and excess) in connection with coverage for asbestos claims. In October 2018, the Georgia Court of Appeals issued a sweeping ruling that requires two insurance companies to fulfill their obligations to make available $117 million in coverage to a fabric manufacturer defending ongoing personal injury litigation resulting from exposure to asbestos that its products contained years ago, which ...
Defended client in a clear liability accident that the Plaintiff claimed caused the need for undergo surgery on his cervical spine. Causation of the injury was disputed and taken to a jury. Plaintiff’s counsel requested over $200,000 in damages. The jury returned a verdict of $1,860.
Client alleged theft by conversion, securities fraud and civil conspiracy. Judge awarded client compensatory damages, punitive damages and attorneys’ fees in excess of $620,000.
Represented an insurance company in a lawsuit and obtained a dismissal of the lawsuit, with prejudice, due to the fact that Plaintiff failed to effect proper service prior to or following the expiration of the statute of limitations.
DPAs and other data processing arrangements for retailers, service providers, B2B information technology companies, staffing companies, and other sectors.
Assess GDPR readiness and provide ongoing counsel.
Evaluation of privacy and security commitments in diligence and sale of privately-held enterprises.
Motions for summary judgment and attorneys’ fees were granted in favor of client in a case involving the sale of property.
Successfully defended a large global language services provider in AAA Commercial Arbitration against claims of breach of contract and fraud in which client was facing liability for compensatory damages, plus punitive damages and attorneys’ fees, amounting to a six-figure award.
Represented client in a claims appeal process against a major insurance company. Insurance company reversed its decision and determined that client’s situation constituted a covered expense.
The Court of Appeals reversed the denial of summary judgment below and granted judgment to the hospital in a contract dispute over whether Plaintiff held an enforceable option to lease a downtown building. The Court agreed that the option was lost years earlier when the corporate owner of the option was dissolved and did not timely reinstate its corporate status.
Extensive experience includes representation of manufacturing companies in the purchase and sale of real property in Georgia, South Carolina, Pennsylvania, Ohio, Indiana, Illinois, Missouri, Arkansas and Texas, representation of a national billboard company in the acquisition of sites for billboard use, representation of entities in the disposition of surplus real property, and representation of both purchasers and sellers in various purchase and sale ...
Represented owner of property at Lake Lanier in a case involving conflicting and overlapping chains of titles, easements, subdivisions and survey. Special Master issued a comprehensive report and recommendation in favor of client, which was adopted in full by the Court.
Lead counsel to developer in various opportunity zone transactions in 2018-2019 pursuant to 26 U.S.C. Subchapter Z, including significant office development in south Florida, mixed-use retail and multi-family adaptive re-use project in Greenville, SC and office and multi-family adaptive re-use project on west Atlanta’s “Beltline.” Cumulative transaction value in excess of $150 million.
Successfully defended client in an admitted negligence personal injury action in DeKalb County. Plaintiff claimed to have suffered a significant shoulder injury as a result of a rear-end automobile accident. He eventually underwent two surgeries, including a total shoulder replacement. In addition to his medical expenses, Plaintiff, a private jet pilot, also claimed a significant amount of lost income because he was unable to work. The jury returned a verdict ...
Obtained summary judgment in favor of a major media company in a case regarding claims of discrimination. District Court Judge overruled Plaintiff’s objections and granted Defendant’s motion for Summary Judgment on all of Plaintiff’s claims.
IRS agreed that taxpayers who raised cattle and ducks for their duck hunting preserve were engaged in farming activities for profit.
Taylor English attorneys successfully prosecuted the Grildaf USA, Inc. v. Momma Goldberg’s Deli, Inc. opposition proceeding involving competing restaurant chains that used GOLDBERG’S as part of the mark.
- Obtained Favorable Settlement in National Credit Union Trademark Dispute in the Trademark Trial and Appeal Board
Amanda Hyland litigated a trademark dispute in the Trademark Trial and Appeal Board achieving a favorable settlement in a dispute between two chartered credit unions.
Taylor English Duma LLP obtained a favorable settlement for its client Anvil International, a national pipe coupling manufacturer, in more than a dozen opposition proceedings in the Trademark Trial and Appeal board filed against Home Depot.
Amanda Hyland represents Cradle to Cradle Products Innovation Institute in its trademark portfolio and licensing matters, including its extensive international trademark certification program whereby it certifies products as meeting certain environmentally sustainability standards.
Amanda Hyland handles trademark enforcement for a 2,500-location national restaurant chain.
Amanda Hyland is outside intellectual property counsel for SiteOne , a wholesale landscaping supply company formerly known as John Deere Landscapes. Ms. Hyland provides national and international trademark portfolio management for SiteOne’s hundreds of trademarks, including counsel on matters relating to intellectual property disputes, new brand development, and global IP management.