Summary judgment obtained for hospital in a “trip and fall” premises liability case based on contributory negligence.
Successfully defended a family against their landlord. The landlord filed proceedings seeking to recover unpaid rent while our client filed a counterclaim for failure to repair, breach of contract and fraudulent misrepresentation. The Judge awarded the family $4,000 in compensatory damage and ordered the landlord to pay $15,000 in punitive damages.
With only a month to prepare for trial, successfully defended client in a pedestrian versus automobile personal injury action in DeKalb County where the pedestrian was injured while crossing a busy street. The pedestrian claimed she was crossing in the crosswalk and had the walk sign when she entered the cross walk. The Defendant consistently testified that she had a green light and that the pedestrian was running across the street, not in the crosswalk, waving down a ...
Represented Georgia Tech in the successful acquisition of 52+ acres of research, warehouse and office buildings. The property will be utilized by Tech as a large expansion to its existing Cobb research campus.
- Summary judgement awarded in same-sex sexual harassment, retaliation and intentional infliction of emotional distress suit
Successfully defended our client, a large fast food chain restaurant, against plaintiff who claimed same-sex sexual harassment, retaliation and intentional infliction of emotional distress. Obtained favorable ruling on summary judgement for our client.
Served as outside legal counsel to a lifestyle consumer brand in its sale to a leading seller of activeware apparel basics and graphic apparel, valued at approximately $60 million on an enterprise basis.
Defended a commercial tenant operating a discount mall in which the landlord tried to impose a month-to-month lease instead of an agreed upon 10-year oral lease. After two days of trial, the jury found in favor of our client.
Represented taxpayer in criminal worker classification case in the Northern District of Georgia. The jury acquitted the taxpayer of all tax charges.
Represented Gresham Transportation Services, LLC (GTS), a small Atlanta business and certified Disadvantaged Business Enterprise (DBE), in an arbitration for breach of contract against the large national company which partnered with GTS to win a major public transit contract. The Arbitrator found in favor of GTS on its claims and respondent’s counterclaims and awarded GTS damages, attorneys’ fees, and forgiveness of debt totaling more than $825,000.
Recently tried conservation easement case involving a charitable contribution deduction on the donation of 500 acres along five miles of navigable water near the Atlantic Ocean. Decision pending in the United States Tax Court.
Volt Plus LLC v. Crown Cell, Inc. (N.D. Georgia) & (E.D. New York)
Defended Amazon seller and individual defendants in Georgia action involving complaints made to Amazon about competitor's conduct. After successfully obtaining a dismissal of multiple defendants in the Georgia case, our firm filed an offensive action for trademark infringement and counterfeiting in New York. The parties reached a confidential settlement shortly after the New York case was filed.
Keystone Global LLC v. eBay, Inc. et al. (E.D. New York)
Obtained favorable settlement for HiPacking, Inc., a fulfillment center for products sold on eBay, in patent infringement case brought by license plate bumper manufacturer.
Tie Down, Inc. v. Rooftop Anchor, Inc. (N.D. Georgia)
Initiated lawsuit for Tie Down, Inc. to seek a declaratory judgment of non-infringement for a competitor's design patent relating to a roofing safety product. The case resulted in a favorable settlement for the client.
American Process, Inc. et al. v. GranBio Investimentos S.A. et al. (N.D. Georgia)
Brought suit on behalf of clients that develop and license technologies for creating second-generation biofuels, such as cellulosic ethanol, against related Brazilian companies for, e.g., trade secret misappropriation under the federal Defend Trade Secrets Act and breach of an engineering services agreement with our clients.
Summary judgment obtained for building owner in a premises liability case involving elevators; decision affirmed by the Court of Appeals.
Advise on data collection, processing, and transmission regarding domestic and international operations, including use and sharing of employee data, consumer data, and business partner data gathered via “smart” devices, in connection with marketing efforts, and through service provider relationships. Advise on creation and use of aggregated, anonymized, and deidentified data.
Advise global appliance manufacturer on IoT/smart device launch.
Obtained innocent spouse relief from all tax liabilities for innocent spouse.
Successfully defended the constitutionality of the venue provision of the Georgia Tort Claims Act statue before the Georgia Supreme Court.
Taylor English serves as outside general counsel to Pristine Sun, a major solar energy project developer operating across the United States. In this role, the firm provides legal advice and transactional services to all of the company’s projects, with the weight of those legal services geared towards renewable energy legal and regulatory issues.
Represented clients to negotiate settlement of disputes with general contractors.
Represent clients in the acquisition and disposition of multi-unit apartment buildings in Georgia.
Represented numerous national, regional and local banks the origination, negotiation and closing of loans secured by real estate located in Georgia and in providing local counsel opinions.
Represented clients in line of credit transaction to secure financing for future acquisitions of properties.
- Acquisition of research facilities from multinational defense company at U.S. Air Force base by a nationally-recognized university
Represented a nationally-recognized university in the successful acquisition of 52+ acres of research, warehouse and office buildings, to be utilized by the university as a large expansion to an existing research campus.
Designed, implemented and managed a national litigation management program for a retailer in the construction industry.
Recently tried conservation easement case involving the disallowance of a charitable contribution deduction on the donation of a golf course to a conservation easement. Decision pending in the United States Tax Court.
Represented an insurance company in a declaratory judgment matter and obtained summary judgment wherein the Court ruled that the insurance policy issued by the client did not provide coverage for a loss that occurred less than two hours before the application for insurance was submitted.
Respond to breaches of client credit card information in multiple states; research state requirements and interface as required with state law enforcement officials or others.
Consult on creation and implementation of corporate document retention policies and procedures, including electronic storage and records management.
Advise and counsel on protection of PHI and other personal patient information in connection with sale of practice, disposition of records, distribution of consumer and commercial healthcare apps and devices, and in daily operations under the CCPA. Oversee response to healthcare technology data breaches.
Creation and review of privacy policies and procedures for media, healthcare, retail, service, and other clients in conjunction with findings from security audits and pursuant to emerging regulations such as the CCPA.
- Lead federal prosecutor in jury trials of rape and child sexual abuse cases along with federal pornography and sex trafficking cases.
Deborah was the federal prosecutor in numerous jury trials of rape and child sexual abuse cases from Cherokee Indian Reservation in western North Carolina. She has also represented plaintiffs in civil rights cases in federal court, and participated in two constitutional claims before the United States Supreme Court.
Prepared hundreds of online software license agreements for browse-through and click-through licenses for downloadable software and software-as-a-service (SaaS) applications.
Represented a United States online services provider in the negotiation of a call center services agreement with a Philippines-based call center provider.
Represented a provider of electronic fax and electronic data interchange (EDI) services in the negotiation of numerous service and supply agreements to United States and non-United States customers.
We immediately collected information in response to client’s identification of release of employee data by contractor. We researched relevant state laws and advised the client regarding an appropriate external and internal response. The response was successful, and no disputes or suits resulted from this incident.
- Aim Steel Inc. v. Pinnacle Prime Contractors, Inc. and Hartford Fire Insurance Company and Pinnacle Prime Contractors, Inc
Recovered on Payment Bond for steel subcontractor while overcoming counterclaim.
Obtained TRO and Preliminary Injunction in favor of corporate entity and its officer staying an arbitration improvidently brought against them in the American Arbitration Association on the theory that they are alter egos of another company.
Won summary judgment for steel subcontractor on contention that client was alter ego of another corporation and succeeded in staying arbitration against client.
- Atlanta Electrical Distributors, LLC v. Choate Construction Company, Fidelity and Deposit Company of Maryland, et al
Recovered on payment bond claim for electrical components distributor on the UGA Fraternity Row project.
Recovered on mechanics lien by overcoming contract price defense asserted by owner where general contractor defaulted on project.
Obtained Temporary Restraining Order freezing assets of contractor under Georgia RICO.
Obtained $1.3 Million judgment on behalf of nationwide restaurant chain against defaulting contractor.
Recovered for material supplier in claim for payment and defended counter-claims asserting defective materials and construction delays.
Won summary judgment so convincingly for the defendant in wrongful death action arising from trenching accident that plaintiff did not appeal.
- Nova Quality Assurance Consulting Services, LLC f.k.a. Capri Quality Assurance Consulting Services, LLC v. MGM Resorts International, et al
Recovered for breach of contract and mechanics lien under consulting contract on the beleaguered City Center Project in Las Vegas, Nevada.
- Pillon Communities, Inc. v. Faircloth Homes, Inc., G. Eddie Faircloth, Houseplans, Inc., and Craig Peel
Recovered and obtained injunction for large home builder for copyright infringement of architectural plans.
Recovered for home builder for copyright infringement of architectural plans and obtained injunction.
Represented architectural firm in case brought by mansion owner contending negligent construction and design of a large elevated patio with numerous planters, involving geotechnical and flashing issues.
Defended factory and factory owner in nuisance claim by condominium developer asserting that factory caused condominiums to vibrate, thus deterring sales of many units. Forestalled injunction for year, while plant relocated and expanded.
Assisted client in negotiation of design build contract for very large warehouse in Salt Lake City, Utah.
- Eucebia Lopez Carbajal and 24 other Plaintiffs v. Williams Erection Company, The Atlanta Botanical Garden, Inc., Atlas Piers of Atlanta, Inc. et al
Successfully resolved 16 lawsuits brought by 25 injured plaintiffs and one descendant's estate who fell when the canopy walk under construction fell at The Atlanta Botanical Gardens. There were 11 defendants in this set of cases.
Experience includes representation of a developer in the formation and development of a master condominium with residential, restaurant and retail units, review of declarations of covenants, conditions and restrictions associated with the purchase or lease of real property, and representation of condominium and planned development property owners in various real estate matters.
Represented defendant telecommunications conglomerate in patent declaratory judgment action concerning six cable network data prioritization patents it owned. Achieved dismissal of case initially for lack of subject matter jurisdiction under declaratory judgment act and after reversal at the Federal Circuit Court of Appeals, achieved dismissal for lack of personal jurisdiction.
- Counsel to distillery and bottle designer in defense of action alleging breach of contract and design patent infringement
Gillespie v. Prestige Royal Liquors, et. al. (N.D. California)
Led defense of Fusion Glassworks, a custom glass designer, and Private Label Distillery, a provider of distillery services, in litigation brought in California involving alleged design patent infringement. Successfully obtained early dismissal for our clients.
Cooper Lighting, LLC v. Cordelia Lighting, Inc. (N.D. Georgia)
Represented Cordelia Lighting, a provider of lighting fixtures and accessories, in defense of a patent infringement action brought by a competitor involving multiple patents relating to recessed, LED lights, and helped to win a dismissal of plaintiff's claims for willful infringement.
- Led defense of patent infringement suit brought by patent troll relating to check scanning and processing
Lyssa Networks, LLC v. VeriCheck, Inc. (E.D. Texas) & (PTAB)
Represented VeriCheck, Inc., a leading ACH payment processor, in E.D. Texas litigation against a patent troll. As part of our defensive strategy, we prepared and filed a petition with the USPTO for Covered Business Method review and argued that the asserted patent claims were invalid under Section 101 for being directed to patent ineligible subject matter. The parties reached a confidential settlement ...
Represented an individual accused of misappropriating trade secrets and confidential information from a former employer. Engaged in extended negotiations with the plaintiff's counsel and ultimately reached a favorable settlement for our client.
Sprinturf, LLC v. UBU Sports and Maumee Bay (N.D. Ga.)
Served as counsel to UBU Sports and Maumee Bay Turf Center, premier providers of synthetic turf systems for use in a variety of sporting events, in patent dispute brought by a competitor.
Modtruss, Inc. v. BattleFrog, LLC (N.D. Georgia)
Successfully defended a motion for a temporary restraining order and preliminary injunction brought against our client, BattleFrog, LLC, a company that organizes and stages obstacle-course races. The stakes in this case were very high, as plaintiff Modtruss, Inc., sought to prevent the airing of a recent BattleFrog race on ESPN and to enjoin our client from putting on additional races based on claims of alleged ...
$8 billion order for 20 Boeing 747-8F aircraft – the largest freighter order in Boeing’s 100 year history – and for services and other agreements. Our client (the buyer) comprises the airlines of Volga-Dnepr Group of Russia. We are sole outside counsel for this order.
Lead attorney for remediation of Sacramento Railyards, a 243-acre brownfield in downtown Sacramento. Representation of PRPs before the Georgia Department of Natural Resources, California State Water Resources Control Board Underground Storage Tank Cleanup Fund, the California Department of Toxic Substances Control, and the U.S. Environmental Protection Agency.
Representation of private clients seeking development permits before the Army Corps of Engineers.
Representation of private sector clients in acquisition of land use entitlements (e.g., general plan amendments, zoning amendments, conditional use permits) for commercial, residential, and natural resources development projects.
Representation of public agencies and developers in preparation of, and litigation over, its environmental documents prepared pursuant to the National Environmental Policy Act.
Representation of El Dorado County before the Sacramento Area Council of Governments (SACOG) regarding formulation of Metropolitan Transportation Plan and Metropolitan Transportation Improvement Program.
Successfully defended a client against a $150,000 claim by a health care provider for its treatment of end stage renal disease under a self-insured plan.
Conduct training for 401(k) plan committee with respect to its fiduciary duty to manage plan investments.
Assist client with appointment of successor trustee and the related transfer of assets.
Negotiated an employment agreement for the new CEO of a biopharmaceutical public company.
Negotiated an employment agreement for the new CEO of a building products distributor public company.
Assist client in receivership with underfunded defined benefit pension plan and advise on steps to complete distress termination.
Assist clients on DOL’s fiduciary level service provider and participant related disclosure requirements.
Assist clients with amendment and restatement of 401(k) plans and pension plans and submission of such plans to the IRS for updated favorable determination letters.
Negotiated a transition agreement for the out-going CEO of a financial services distributor public company.
Represented a national food distribution cooperative in connection with negotiating the employment agreement for its new CEO.
Assisted client in freezing defined benefit pension plan and in satisfying the requirements to notify participants.
Negotiated an employment agreement for the new CEO of a private furniture company.
Negotiated an employment agreement for the president of a private, non-profit university.
Assist clients with IRS and DOL audits of 401(k) plans and pension plans.
Prepared and made filings for clients under the IRS voluntary compliance program. For example:
- Failure to timely amend plan for legislative changes;
- Failure to properly operate loan program and correction of more than 100 defaulted loans;
- Failure to amend profit sharing plan for 30 years where no plan documentation could be found, filing of delinquent forms 5500 for such years, failure to make past minimum required distributions and to terminate and distribute ...
Represented the management team of a public company in the medical device industry in a going private transaction.
Represented the CEO of a company in connection with his separation from service following the $2.5 billion acquisition of his company by a large public company.
Negotiated employment agreements for the senior management team of a homebuilding public company.
Provide guidance on compliance with Obamacare and HIPAA privacy and security policy requirements.
Provide client human resources department with Obamacare training sessions.
Represented a church in the establishment of a compensation arrangement for the church’s senior pastor.
Negotiated an employment agreement for the new CEO of a private company in the casual dining restaurant industry.
Represented a CEO in connection with his employment agreement and equity rollover in the sale of his company to a private, foreign investor.
Assist clients in self-audit of ERISA required documentation for all benefit plans.
Assist client with amending and restating a severance pay plan.
Assist with merging 401(k) plans and preserving protected benefits under successor plan.
Assist clients with preparation of summary benefit coverage documentation.
Provide advice to client regarding termination of its defined benefit plan and in the related approvals with IRS and PBGC.
Negotiated an employment agreement for the new CEO of a leading full-service transaction processing public company.
Amended and restated an individually designed 401(k) plan into a volume submitter plan.
Prepare wrap health and welfare plans and summary plan descriptions for clients to cover all health and welfare benefits in one document.
Claims of more than 200 individuals for personal injuries arising from exposure to VOCs in well water. Took depositions of 20 plaintiffs, and case was settled before expert phase of discovery.
Private action under CERCLA arising out of battery-breaking site near Richmond, Virginia. Defended four corporations among more than 100 in case, which settled after discovery.
Represented film production companies in the planning, application and defense of film tax credits.