Amanda Hyland represents Bankrate, a publisher, aggregator, and distributor of personal finance content on the Internet that provides aggregated financial data and consumer financial news and editorial content to more than 500 national publications. She provides day-to-day outside counsel on matters of media, advertising, and intellectual property to Bankrate and its affiliates, which include creditcards.com, Wallaby, Interest.com, Bankaholic.com ...
Drafted and negotiated Screenwriter/producer agreements for feature film adapted from public domain material.
Lead counsel to seller in sale of 24 industrial properties located variously in Georgia, Florida and South Carolina in 2016.
- Policyholder insurance coverage for asbestos claims involving primary and excess policies of more than $100 million
Lead counsel on behalf of policyholder in connection with insurance coverage for asbestos claims. Claims involved primary and excess policies in excess of $100 million. Obtained favorable ruling on summary judgment.
Represented numerous national, regional and local financial institutions in hundreds of loans secured by collateral of all types, including real estate, receivables, and personal property.
The IRS denied fuel excise tax credits for industrial vacuum loaders known as “Guzzlers” used by an industrial waste removal company. The government recognized the hazards of litigating the case and agreed for purposes of this case that the equipment qualified as Off-Highway Vehicles engaged in an off-highway business use and, therefore, qualified for the fuel excise tax credit.
Represented a global bank in the workout of more than $1 billion in loans and real estate, including loan modifications, collateral foreclosures, and the sale of owned real estate.
Lead counsel to Georgia-based private fund in connection with acquisition and financing of $23.5 million multi-family portfolio of five properties in Tennessee and Georgia in 2015.
Defended nation’s leading provider of health care services in patent infringement litigation concerning electronic medical records systems. The case was ultimately dismissed with prejudice, with no payments from the client.
Drafted and negotiated talent agreements for reality series focused on amateur dancers.
- Policyholder insurance and indemnity claims exceeding $14 million, arising from the construction of a distribution warehouse in Pennsylvania
Lead counsel on behalf of policyholder in connection with insurance and indemnity claims arising from the construction of a distribution warehouse in the State of Pennsylvania. Dispute involved pursuit of subcontractors and their insurers for defense and indemnity with litigation in three states. The claims at issue exceeded $14 million.
Lead counsel to developer for acquisition and construction financing for approximately $180 million Class “A” continuing care retirement community.
Won a significant jury verdict in the Northern District of Georgia under the Anti-Cybersquatting Consumer Protection Act (ACCPA) for a national provider of industrial and commercial waste and recycling solutions. The jury awarded full statutory damages, and the Court later awarded $185,000 in attorneys' fees to our client. The jury award and the attorney’s fee award were upheld on appeal to the 11th Circuit Court of Appeals.
The Massachusetts case, brought on behalf of Mueller Co., alleged that a competing fire hydrant distributor was making false claims about the characteristics and origin of Mueller’s fire hydrants and falsely claiming its hydrants were comparable to Mueller’s hydrants. Mueller asserted claims for trademark infringement, product disparagement, libel, and unfair competition. At the close of discovery, the defendant agreed to an injunction to cease all ...
Represented Expanded Technologies, a leading manufacturer of expanded metals for the HVAC filter industry, in a suit for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by competitor. The litigation resulted in in a favorable confidential settlement.
Represented one of the largest outdoor advertising companies in the world in the acquisition of hundreds of fee properties and billboard easements throughout the United States and in the complex financing of billboard and office locations.
Drafted and negotiated talent attachment agreements for reality series starring professional athlete and his circle of intimates.
Lead counsel on behalf of policyholder in connection with multi-million dollar D&O insurance claims arising from civil suit against officers and directors involving fraud, negligence and breach of contract claims. The matter also involved criminal allegations.
- Defense of international consumer product manufacturer in suit alleging patent and trade dress infringement
Led defense of Georgia-based company in patent and trade dress litigation involving a consumer product. After initial aggressive discovery and a mediation, we achieved a favorable settlement for the client.
Served as counsel to the Trustee in the purchase by an Employee Stock Ownership Trust of the stock of a casino.
The Tax Court agreed that gifts of family limited partnership interests in a family limited partnership for an incompetent taxpayer under guardianship did not violate §2036.
Drafted and negotiated screenwriter collaboration agreements for documentary film.
- Policyholder general liability carrier for general contractor and general liability carrier for numerous subcontractors dispute, alleging defective construction at a warehouse distribution facility in Texas
Lead counsel on behalf of policyholder in connection with litigation arising from alleged defective construction at a warehouse distribution facility in the State of Texas. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims at issue exceeded $4 million.
Served as counsel to an Atlanta software company in the establishment of an ESOP and sale of its stock to the related Employee Stock Ownership Trust, drafting and negotiating all legal documents and negotiating terms of sale with Trustee’s counsel and Sellers’ counsel.
- Dismissals of copyright claims and separate state action for international airline client sued over use of architectural plans
Represented a major airline in claims brought by a former vendor alleging misuse of architectural plans for office space. Won motion to dismiss state-court conversion claims, and in subsequent federal copyright-infringement case based on the same underlying facts, conducted discovery and negotiated settlement in which plaintiff dismissed the case with prejudice and with no payments from our client.
Managed the prosecution of U.S. and foreign patent applications in a large patent portfolio relating to identifying humans using antibody profiling processes.
Lead counsel to developer of 90 unit multifamily “Beltline” project on East side of Atlanta in 2015.
Drafted and negotiated producer agreements for various independent documentary films.
- Policyholder dispute with claims of defective construction at a manufacturing plant in Alabama, in excess of $1 million
Lead counsel on behalf of policyholder, a general contractor, in connection with claims of defective construction at a manufacturing plant in the State of Alabama. Dispute involved claims in excess of $1 million that resulted in litigation with subcontractors and their general liability insurers as well as dispute with general contractor's general liability insurer.
Serves as outside counsel for all media, merchandising, blogging, copyright, trademark, and social media inquiries for several national conservative non-profit groups, including Tea Party Patriots and Center for Self Governance.
Represented a global leader in mobile communications in a wide-ranging patent dispute against a competitor over patents relating to computer software, wireless communications, and touchscreen technology. The litigation resulted in a favorable settlement and license agreement.
Led team defending EMS in arbitration in which claimant sought in excess of $40 million for alleged breach of representations and warranties in connection with its acquisition of a division of EMS. After a two-week hearing, the Arbitrator found for EMS on one of the products in issue and awarded only a fraction of the damages alleged by claimant on the other two products.
Served as counsel to the Trustee for the sale of shares of a manufacturing company valued at approximately $270 million to an Employee Stock Ownership Trust. Involved a pre-transaction AAA distribution and a simultaneous redemption and ESOP sale.
Drafted and negotiated work made for hire agreements for various productions.
Lead counsel on behalf of policyholder, a manufacturer, in connection with coverage litigation related to a consumer class action pending and numerous national retailers in the State of Illinois. Dispute involved litigation with general liability carrier for manufacturer. The claims at issue exceed $1 million.
Obtained consent injunctions in cases pending throughout Southeastern United States. Ceased the importation and sales activities of nearly one dozen gray market Yanmar tractor importers.
Assist prominent national sports association and rights-holder in renewal of multimillion-dollar license of media and sponsorship rights to NCAA. Issues included availability of talent and executives, coordination with sister organizations on sponsor offerings, exclusivities and carve-outs of existing deals.
Lead counsel to real estate developer in connection with disposition of multiple office buildings in Norcross, Georgia. Transaction value in excess of $18 million in 2014.
Drafted and negotiated music label A&R executive employment agreement and music label standard recording agreement.
- Policyholder general contractor and engineering firm defective construction claims dispute in North Carolina, claims exceeded $2 million
Lead counsel on behalf of policyholders, a general contractor and an engineering firm, in connection with claims of defective construction at a $70 million distribution warehouse in the State of North Carolina. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims exceeded $2 million.
Lead counsel to real estate developer in connection with new development of industrial park near Tampa, Florida, in 2016.
Resolved several cases in which client, a national gift and home goods manufacturer, asserted trade dress and design patent infringement claims against competitors. The cases involved the popular cylindrical packaging for wine glasses.
IRS conceded challenge to Amendment Clause in Conservation Easement and settled on eve of trial reducing the alleged deficiency by more than $1.2 million.
Create master agreements covering A&R executives and recording artists for fledgling music label. Advise on royalty structure, buy-out, rights and other matters. Complete buy-out of rights from prior producer in exchange for participation in new recording agreement.
Served as counsel to an Atlanta-based construction company in a second stage ESOP transaction for the sale of additional shares to an Employee Stock Ownership Trust.
Lead counsel on behalf of policyholder in litigation with E&O carrier over coverage for design allegations made in connection with claims of faulty construction at a $70 million distribution warehouse in the State of North Carolina.
The IRS asserted that the taxpayer did not materially participate in his yacht charter business and therefore the business was passive and his losses were not deductible.
Through a chronology of Petitioner’s business records, charter agreements, phone records, emails, and co-worker’s testimonials, the taxpayer established that he not only materially participated in the business operations of his yacht charter business, but also micro-managed that ...
Lead counsel to national cold storage company in connection with acquisition of 4.7 million cubic foot facility in Louisiana under lease purchase option from national food conglomerate, including negotiation of complex easement agreements regarding interface of adjoining plant facilities between business partners in 2013.
- Policyholder dispute involving defective construction claims at a $20 million distribution warehouse in Oregon
Lead counsel on behalf of policyholder in connection with claims of defective construction at a $20 million distribution warehouse in the State of Oregon. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims at issue exceeded $2 million.
Lead counsel to developer in connection with phased sale and co-development of 90-acre retail and mixed use development near Chattanooga, Tennessee, in 2013 and 2014.
Represented a national athletic goods manufacturer in case defending the client's trademark registration in the color blue for tennis grip tape. Achieved favorable ruling from bench trial in the Northern District of Georgia in which the court upheld our client's trademark registration.
Served on defense team for licensor of the Cabbage Patch Kids, in lawsuit brought by former independent contractor for breach of contract, who sought millions of dollars in damages. After a two-week jury trial and subsequent appeal to the Eleventh Circuit, prevailed on all claims brought by plaintiff as well as on a counterclaim, resulting in damages owed and paid to our client.
Lead counsel on behalf of policyholders in connection with claims against carriers for coverage under disability policies.
In a case involving allegations of copyright infringement of interior design portfolio photographs and related defamation claims, we achieved a settlement for our client, Meg Adams Interior Design, Inc.
Successfully represented many clients seeking reduced penalties under the IRS offshore voluntary disclosure.
Led defense of patent infringement case involving claimed method to detect autism by analyzing bodily fluids. After we filed two motions for summary judgment, the parties reached a confidential settlement. Great Plains Laboratory, Inc. v. Metametrix Clinical Laboratory
Lead counsel to regional commercial real estate developer in connection with purchase of 175,000 square feet of office buildings in Gwinnett County, Georgia, in 2014.
Lead counsel on behalf of policyholder in connection with denial of benefits under accidental death insurance policy.
Defended and achieved settlement in copyright infringement lawsuit brought in the Northern District of Georgia by a former employee of our client, a video production company. The former employee claimed to own the copyright in the commercials produced by our client.
Defended educational products company in lawsuit alleging infringement of copyrights in cards for assistance with speech therapy. The court granted our motion for summary judgment, finding that there was no infringement of any copyright in the selection and arrangement of Plaintiff’s cards as a matter of law. Ristuccia v. Super Duper, Inc.
Lead coverage counsel on behalf of governmental entity in connection with coverage of multi-million dollar discrimination claims alleged by current and former employees.
Initiated and resolved trademark litigation for GradSave, a college savings plan company. The lawsuit, filed in the Southern District of Florida, asserted claims for trademark infringement against another web company using the mark “GradSaver.” The matter was settled confidentially.
The IRS abated penalties against NFL Football players who unwittingly invested in tax scam and provided information that resulted in criminal indictment of promoter.
Represented leading carpet manufacturer and a subsidiary in defending a large trade secret case involving a method for manufacturing carpet cores from recycled materials. The parties reached a confidential settlement right before trial.
Lead counsel to private real estate investment firm in connection with sale of 300,000 square feet of office buildings in Gwinnett County, Georgia, in 2014.
Amanda Hyland represented a Denver liquor distillery in trademark and rights of publicity claims arising from a dispute between Jimi Hendrix’s heirs and other family as to the right to use the term “Purple Haze.” Ms. Hyland obtained a full dismissal of claims against the distillery.
Represented policyholder under E&O policy in connection with alleged failure of insurance professional to properly report and handle claim on behalf of insured claimant. The claims at issue exceeded $2 million.
- Achieved dismissal of patent claim and successful resolution of remaining claims in case involving SEC compliance information
Led defense of case involving allegations of patent infringement and related claims based on a method of mapping SEC compliance information into a usable format. We obtained a dismissal of the patent infringement claim and then reached a confidential settlement on the related claims. NewRiver, Inc. v. Prospectus Central, LLC.
Lead local counsel to national cold storage company in connection with refinance of 592,000-square-foot facility in Atlanta, Georgia, in 2013.
Represented international nonprofit ministry in sale of trademark rights to Daystar Television network.
Represented policyholder under life insurance policy in face amount of $1 million. Following denial of insurer’s motion for summary judgment, obtained favorable settlement at mediation.
Handled the defense of a case for Comverge, Inc. in which the plaintiff, a non-practicing entity, claimed that Comverge infringed certain claims of a patent related to premises-monitoring technology. Successfully obtained a stay pending Inter Partes Reviews. The case was ultimately dismissed with prejudice, with no recovery from our client. Joao Control & Monitoring Systems v. Comverge, Inc. (N.D. Ga.)
Lead counsel to Georgia-based private fund in connection with acquisition and financing of $13 million multi-family property in Nashville, Tennessee, in 2015.
Represented production company in intellectual property matters, including the negotiation of the full transfer to our client of all copyright in screenplays for a television series.
Lead counsel to local real estate development organization in connection with acquisition, refinance and sale of multi-family development in Atlanta, Georgia, in 2012.
- Current representation of major coatings company in defense of trademark, trade secret, defamation, and other claims
Currently representing Gulf Synthetics in an action brought by former business partner and his new company claiming trademark infringement, defamation and trade secret misappropriation relating to the deck coatings business.
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, Endeavor MeshTech, for infringement of a patent related to premises-monitoring technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. Endeavor MeshTech, LLC v. Mueller Water Products (D. Delaware)
Lead counsel to purchaser in connection with multiple acquisitions of distressed, partially completed residential developments in 2013 and 2014.
Achieved successful resolution of lawsuit involving copying of clients' "ABC’s of Life" poem, which was reproduced without permission on posters and plaques.
Lead counsel to purchaser in connection with bulk purchases of numerous single family homes in multiple southeastern states in 2013 and 2014.
Achieved prompt and full dismissal of all claims against publishing company relating to a contractual dispute with advertiser. Following the filing of our motion to dismiss, the plaintiff dismissed the action in the Northern District of Georgia.
Led the defense of H-E Parts against ESCO Corporation in a case involving allegations of trademark infringement and infringement of a patent related to excavator teeth on heavy equipment. We negotiated a favorable settlement with plaintiff. Esco Corporation v. H-E Parts et al.
Achieved voluntary dismissal with prejudice of libel case against FOX 5 reporter by persuading plaintiff that sanctions and attorney's fees would be mandated under Georgia's anti-SLAPP statute.
Led the defense of Royal Metal against an inventor/patentee in a case involving claims of infringement of a patent related to industrial package assemblies. We negotiated a favorable settlement with plaintiff. Gray v. Royal Metal et al.
Lead counsel to lender in connection with $15 million real estate loan to national petroleum retailer secured by multiple sites in Georgia in 2013.
Lead counsel to landlord in connection acquisition and development of retail outparcels and negotiation of dozens of single-tenant retail leases for multiple sites in Georgia, North Carolina, Ohio and Texas between 2006 and 2015.
- Successful defense of copyright and trade secret claims against client accused of improperly accessing software in check processing equipment
Represented Symco Group, Inc., a company that serviced check processing equipment, in a copyright infringement and trade secret action in the Northern District of California. The plaintiff alleged that Symco, as part of its regular servicing process, was improperly accessing the plaintiff’s software and therefore violating its copyrights in the software source code that was embedded in the check processing equipment. Following the court’s dismissal of ...
Performed all due diligence and assisted as to acquisition of resort operator, Intrawest Resorts by Fortress Investments for more than $2 billion.
Handled two cases for separate defendants, Ascendx Spine and Sintea Plustek, LLC, in the District of Delaware. Both cases were brought by Orthophoenix, LLC, a non-practicing entity, and involved claims of infringement of certain patents involving medical device technology. The parties in both cases reached confidential settlements. Orthophoenix, LLC v. Ascendx Spine; Orthophoenix, LLC v. Sintea Plustek.
Achieved favorable settlement for client defending claims of copyright infringement for medical billing software.
Handled the defense of Allure Global in a case brought by a non-practicing entity, Activelight, Inc., involving allegations of infringement of patents related to digital signage. The parties reached a confidential settlement. Activelight, Inc. v. Allure Global, et al. (N.D. Ga.)
Lead counsel to lender in connection with $6 million real estate and operating loan to manufacturer-distributor in Atlanta, Georgia, in 2013.
- Successfully resolved copyright infringement claims brought by photographer against book publishing client
Defended, and successfully settled, copyright infringement lawsuit brought against book publisher client that had used plaintiff’s photograph in book.
Led defense of third-party claims for defense and indemnification in patent infringement case involving technology designed to obscure credit card numbers on receipts. The parties reached a confidential settlement. Ware v. Genesco v. Micros Systems, Inc. and Datavantage Corporation.
Lead counsel to private real estate investment fund in connection with due diligence and proposed acquisition of portfolio of 400 single family homes in Florida and Texas under low income tax credit financing regime in 2013.
Provided counsel to one of the largest providers of in-home residential delivery services in the United States on all intellectual property matters. These matters range from prosecuting and maintaining the client’s patent and trademark portfolio, to counseling the client on protecting its trade secrets, to anonymously negotiating and obtaining a licensing agreement with a prolific non-practicing entity with a history of targeting businesses in the ...
- Successful defense of Comverge, Inc. in patent infringement action relating to energy usage management
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 one-month period, amend the complaint to allege ...
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.
- Purchase, development, leasing and sale of more than a dozen national general merchandise and auto parts retailer sites in Georgia and Tennessee
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.