Business Torts and Commercial Contract Disputes
We resolve business and commercial disputes of all types, including cases involving breach of contract or warranty, fraudulent conveyances, non-competes and other restrictive covenants, defamation and interference with contractual or business relations.
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.
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.
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.
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.
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.
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 ...
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.
Obtained six-figure jury verdict on behalf of plaintiff against multiple defendants in real estate fraud case.
Won motion to dismiss and defeated appeal over plaintiff’s attempt to negate a venue selection clause based on strong Illinois public policy.
- 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.
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 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.
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.
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.
Defense of day care centers throughout Georgia in licensing and general litigation matters.
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.
Represented defendants in a large case involving claims for tortious interference, breach of restrictive covenants, and unjust enrichment in connection with the importation and sale of industrial yarn. After extensive discovery and our filing of a lengthy motion for summary judgment, the parties reached a confidential settlement.
Represented HD Supply in defending claims of breach of lease and in asserting counterclaims for money had and received and related claims. The parties reached a confidential settlement.
Obtained summary judgment in a lawsuit involving breach of promissory notes and obtained satisfactory result for client through post judgment collection efforts.
Won jury verdict for large privately held company in dispute over the terms and conditions of the lease for its corporate headquarters.
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.
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.
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.
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.
Resolved breach of contract, corporate veil liability and fraud claims.
- April 18, 2019
- March 6, 2019
- Cobb Business Journal, November 17, 2017
- February 9, 2017
- January 11, 2017
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- June 17, 2016
- "Taylor English's Amanda Hyland Recognized Among Up and Coming Lawyers in Georgia," Atlanta Patch, East Cobb Patch, Marietta Patch and Smyrna PatchApril 21, 2016
- April 18, 2019
- November 1, 2018
- April 23, 2018
- July 20, 2017
- June 15, 2016
Attorneys Henry M. Quillian III and Don Boyle discuss a variety of important topics including: 1) what happens when your trial transcript gets lost or destroyed, 2) the importance of the opportunity to both open and close, including when you have counterclaims and 3) recent cases by the Georgia Supreme Court on (a) appellate jurisdiction, (b) statutory interpretation and (c) stare decisis.