Directed investigations into potential professional liability claims associated with the failures of four state-chartered banks in Georgia from 2006 to 2014. The investigations included examination of the conduct of bank directors, officers, lawyers, accountants, appraisers, engineers, architects, and other professionals, as well as the assertion of claims in connection with bankers’ bonds. Claims against directors and officers in two of the matters ...

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.

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.

Represents citizens in numerous judicial challenges to an attempt by Paulding County and outside investor groups to expand the Paulding County Airport to include commercial passenger service in competition with Atlanta Hartsfield Jackson Airport. Lawsuits include challenges to funding of the airport, open meeting violations, violations of Federal Aviation Administration procedures (representation as co-counsel), injunction hearings and Georgia ...

Recovered $2.4 million from MARTA for the attack and kidnapping of a patron from a MARTA parking deck.

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 ...

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.

Led defense of claims of misappropriation of trade secrets and breach of loyalty in connection with departure of group of employees and establishment of competitive business. The parties reached a confidential settlement. Wells Fargo Foothill, Inc. v. Cratos Capital Partners, LLC.

Obtained dismissal with prejudice from court in premises liability case in which plaintiff’s experts alleged $15 million in long-term medical needs.

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.

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. Tie Down, Inc. v. Rooftop Anchor, Inc. (N.D. Ga.)

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. American Process, Inc. et al. v. GranBio Investimentos S.A. et al. (N.D. Ga.)

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.

Representing certain defendants in trademark and copyright case brought against numerous sellers of replacement grill parts on Amazon and eBay. Obtained favorable modifications to a temporary restraining order and currently defending against a motion for preliminary injunction. Music City Metals v. Cai, et al. (M.D. Tennessee)

Obtained favorable settlement for HiPacking, Inc., a fulfillment center for products sold on eBay, in patent infringement case brought by license plate bumper manufacturer. Keystone Global LLC v. eBay, Inc. et al. (E.D. New York)

Summary judgment obtained for building owner in a premises liability case involving elevators; decision affirmed by the Court of Appeals.

Represented clients to negotiate settlement of disputes with general contractors.

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.

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.

She has represented organizations across the country in defending personal injury cases, including child sexual abuse. She served as a federal prosecutor, handling crimes against children, and has deep experience in constitutional litigation.

She has worked with parents on the requirements of the Individuals with Disabilities Education Act, including Individual Education Plans. She also has advised numerous and varying youth-serving organizations ...

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.

Recovered and obtained injunction for large home builder for copyright infringement of architectural plans.

Won summary judgment so convincingly for the defendant in wrongful death action arising from trenching accident that plaintiff did not appeal.

Obtained $1.3 Million judgment on behalf of nationwide restaurant chain against defaulting contractor.

Won summary judgment for steel subcontractor on contention that client was alter ego of another corporation and succeeded in staying arbitration against client.

Recovered on payment bond claim for electrical components distributor on the UGA Fraternity Row project.

Recovered for material supplier in claim for payment and defended counter-claims asserting defective materials and construction delays.

Recovered on Payment Bond for steel subcontractor while overcoming counterclaim.

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.  

Recovered for breach of contract and mechanics lien under consulting contract on the beleaguered City Center Project in Las Vegas, Nevada.

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.  

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.

Recovered for home builder for copyright infringement of architectural plans and obtained injunction.

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.

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.

Representing 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. Cooper Lighting, LLC v. Cordelia Lighting, Inc. (N.D. Ga.)

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. Gillespie v. Prestige Royal Liquors, et. al. (N.D. California)

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. Sprinturf, LLC v. UBU Sports and Maumee Bay (N.D. Ga.)

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 shortly after the CBM petition was filed.  Lyssa Networks, LLC ...

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.

Taylor English handled the successful defense of 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 that are televised on ESPN. 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 ...

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 ...

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 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 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 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. 

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 on behalf of policyholders in connection with claims against carriers for coverage under disability policies. 

Lead counsel on behalf of policyholder in connection with denial of benefits under accidental death insurance policy.

Lead coverage counsel on behalf of governmental entity in connection with coverage of multi-million dollar discrimination claims alleged by current and former employees. 

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.

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. 

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.

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 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.

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. 

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.

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. 

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.

Led the defense against an inventor/patentee in a case involving claims of infringement of a patent related to a boat dock ladder. Successfully petitioned the USPTO to reexamine the asserted patents—resulting in cancellation of all claims of one patent and significant narrowing amendments to the remaining patent’s claims. After a favorable claim construction ruling from the Special Master, the case was dismissed with prejudice, with no payments from the ...

Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, ICH Intellectual Capital Holdings, Inc., for infringement of patents related to automated meter reading technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. ICH Intellectual Capital Holdings, Inc. v. Badger Meter, Inc., et. al.

Represented Mueller Water Products, Inc. in action against Datamatic Ltd. alleging patent infringement of Mueller’s patents for technology relating to Advanced Metering Infrastructure (AMI) systems. Negotiated a favorable settlement with defendant. Mueller International, LLC et al v. Datamatic Ltd.

Led the defense of generic pharmaceutical company in a case involving allegations of false advertising and infringement of a patent related to prenatal vitamins and iron supplements. The parties reached a confidential settlement right before trial. Mission Pharmacal Co. v. Virtus Pharma., LLC (W.D. Texas)

Represented Mueller Water Products, Inc. in suits for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by defendant, non-misappropriation of the defendants’ alleged trade secrets, and validity, inventorship, and ownership of client’s patent. Mueller Systems, LLC et al v. Teti et al. (E.D. Virginia and D. Massachussetts)

Represented several outdoor advertising companies in actions brought by a patent troll, T-Rex Property AB, for infringement of patents related to digital advertising technology.  The parties reached a confidential settlement.

Successfully transferred, deferred, or achieved dismissal of numerous patent infringement suits brought against a client’s distributors in favor of declaratory judgment suit filed by the client, the product manufacturer.

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 11^th 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.

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.

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.

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.

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.

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.

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.

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.

Achieved successful resolution of lawsuit involving copying of clients' "ABC’s of Life" poem, which was reproduced without permission on posters and plaques.

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.

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.

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 ...

Achieved favorable settlement for client defending claims of copyright infringement for medical billing software.

Defended, and successfully settled, copyright infringement lawsuit brought against book publisher client that had used plaintiff’s photograph in book.

Upon receipt of an anti-SLAPP notice, Plaintiff voluntarily dismissed its defamation complaint, which sought damages relating to FOX 5's investigative reporting regarding health conditions occurring at the Plaintiff's eyebrow-waxing business.

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.

Won appeal to the Court of Appeals of Georgia on premises liability matter for national retail grocery chain.

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 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.

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.

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.

Recovered verdict of $1 million from MARTA for the attack on a patron in a MARTA station.

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.

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.

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.

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 ...

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.

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.

Represented Byrne Medical in patent infringement and false marking case relating to endoscopic devices. Negotiated favorable confidential settlement.

Represented Mueller Water Products, Inc. in action against Singer Valve, Inc. and Singer Valve, LLC alleging patent infringement of Mueller’s patent for an apparatus for the enhancement of water quality in a subterranean pressurized water distribution system. Negotiated a favorable settlement with defendants. Mueller Water Products, Inc. v. Singer Valve, Inc. and Singer Valve, LLC.

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 major airline in claims brought by 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 same underlying facts, conducted discovery and negotiated settlement in which plaintiff dismissed the case with prejudice and with no payments from our client.

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.

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

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.

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.

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.

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.)

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)

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.

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.

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.

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.)

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.

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 ...

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.

Provided counsel to Bernie Bilski and Rand Warsaw in conjunction with the landmark U.S. Supreme Court case Bilski v. Kappos.

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.

Prevailed on summary judgment (affirmed on appeal by the Eleventh Circuit) on behalf of American Express in major copyright infringement action involving maps of Atlanta in a dining guide. Crownfire Publications v. American Express.

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.

Successfully defended manufacturing company executives and management employees in lawsuit brought by former employee for wrongful termination, intentional infliction of emotional distress, and other tort claims. Obtained dismissal of all claims.

Achieved favorable confidential settlement at mediation on behalf of healthcare provider resolving litigation concerning race and national origin discrimination and retaliation claims in the Northern District of Georgia.

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.

Defended a Chinese manufacturer in a counterfeiting and trade dress claim. Client was awarded attorneys’ fees in excess of $300,000.

Defended mortgage corporation against wrongful foreclosure and breach of contract claim. Client received an award of attorneys’ fees in excess of $30,000.

Suit by purchaser of computer equipment from Radio Shack. Plaintiff complained that the computer he purchased did not perform as advertised, thereby adversely affecting his business because, as he said, he could not perform spreadsheets. Directed verdict in favor for Tandy Corporation following two days of trial.

Co-defense counsel in case brought by family brought suit against Orkin, alleging exposure to chlordane and heptachlor, two termiticides in wide use at the time of trial. Directed verdict in favor of Orkin, after nearly two weeks of trial.

Family brought suit against Orkin in Alabama state court, alleging exposure to termiticides chlordane and helptachlor. Defense verdict in favor of Orkin after one week trial. Served as co-defense counsel.

Plaintiff alleged overspray exposure to pesticides while working in construction on a hotel in Palm Beach Gardens, Florida. Case settled on extremely favorable terms after discovery of plaintiff in West Virginia, his home state, showed no ill or lingering effects of exposure.

FAA alleged shipment of solvent, not properly identified. After preparation for hearing before NTSB, matter settled for favorable terms.

Premises liability case against pediatrics practice involving allegations of magazine racks falling and causing neurological damage on 17-year-old boy. Following a week-long trial, jury delivered a defense verdict in 19 minutes.

Case brought on behalf of against insurance company for failure to apply proper “trigger of coverage” for amounts of available coverage, which, before suit, had severely and adversely affected insurance coverage available. In a case of first impression, summary judgment granted on behalf of Arrow, finding “continuous trigger” was in effect, thereby impacting insurance coverage from 1984–2009.

Property owner brought action against pest control operator alleging termite damage to his house, of which he should have been made aware and, he alleged, should have been repaired. Directed verdict granted in favor of Guardian Pest Control.

Plaintiff brought suit alleging property damage resulting from faulty inspection and treatment. During trial, plaintiff dismissed their complaint before motion for directed verdict could be ruled upon (law is now changed so that dismissal as a matter of right, which happened in this case, cannot be had once the first witness is sworn).

Plaintiff brought suit against exterminator alleging property damage, caused by termites, to her home. Plaintiff claimed more than $150,000 in actual damages, and punitive damages. Jury verdict for $19,000 after a four day trial.

Served as co-counsel on restrictive covenant matter, where former Orkin termite technician was servicing his former Orkin customers for his new employer, in violation of his non-compete agreement. In the first case to uphold a restrictive covenant in Georgia in almost 20 years, the Supreme Court of Georgia upheld the restrictions as being reasonable as to time and territory, and affirmed the grant of an injunction entered by the trial court. Co-prosecuting ...

Fire loss, allegedly caused by washing machine which caught on fire after hours, resulting in substantial damage to a large orthopedics practice. Matter settled for confidential amount, covering entire loss.

Plaintiff brought suit without attaching professional malpractice affidavit, which at that time included pest control operators. Trial court granted motion for summary judgment, which was affirmed by the Georgia Court of Appeals.

Successfully represented Georgia DOT in its claims against contractor and in defense of counterclaims in trial courts and on appeal. Litigation over faulty construction of highways; involved complex analysis of chemical testing and accounting data.

Defended four Waste Management companies against claims of several hundred plaintiffs arising out of allegedly contaminated well water from adjacent dump site. Supervised discovery, wrote briefs, prepared fact witnesses for deposition and defended depositions, selected expert witnesses and defended at depositions, and took expert and plaintiff depositions. Case settled at close of discovery.

Claims of more than 500 individuals and businesses for personal injuries and property damage arising from exposure to dioxin. Took plaintiff depositions, selected and prepared expert witnesses, assisted at wrongful death trial, and general research and briefing.

Represented a large federal government contractor in a dispute against the surety of a defaulted grading subcontractor. The grading subcontractor had already been paid nearly 90 percent of the contract amount when the contractor had to terminate the grading subcontractor. The work was so defective that the contractor incurred costs exceeding the original contract in completing the work. After a two year arbitration, achieved an award against the surety for ...

Represented a grading contractor in a dispute involving the construction of a cemetery on behalf of the Veterans Administration in Puerto Rico.

Defended HomeBanc, and its former CEO, in Wage-Hour collective actions in Georgia and Florida federal courts seeking to treat mortgage loan officers as non-exempt and thereby entitled to overtime pay. All were settled very inexpensively.

Co-counsel in federal lawsuit seeking redress against the IRS and individual defendants for unconstitutional viewpoint discrimination against non-profit educational and advocacy groups.

Representing a large, international aircraft parts manufacturer in complex property tax dispute.

Representing one of the world's largest religious organizations in an unprecedented sales and use tax case.

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 defendant accounting firm on claim of accounting malpractice. Obtained dismissal of case before discovery, and case was never re-filed.

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.

Client Bill Wilkinson worked with Mick Ramunno at Renaissance Asset Management, where Mr. Ramunno traded a commodity investment pool on behalf of investors. During an audit by the National Futures Association, Ramunno admitted that the operation was a Ponzi scheme. Over the next several months, Mr. Leonard guided Mr. Wilkinson through investigations by the Commodities Futures Trading Commission (which sued Mr. Ramunno and Renaissance for commodities fraud but ...

Represented international oil company in substantial condemnation dispute. Achieved multimillion-dollar settlement over 10 times higher than state’s initial offer.

Represented national insurance company in putative nationwide class action alleging overcharge of insurance premiums. Class certification denied and case dismissed.

Lead counsel for United States manufacturer in international arbitration tried to verdict in New York under foreign law. Favorable verdict for client with arbitrator fees assessed against adverse party.

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.

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 ...

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.

Won jury verdict for large privately held company in dispute over the terms and conditions of the lease for its corporate headquarters.

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 ...

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.

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.

Resolved breach of contract, corporate veil liability and fraud claims.

After a six week jury trial presenting 17 consolidated, yet individually proved plaintiff’s cases, obtained a civil conspiracy to defraud verdict in the total amount of $3.5 million on behalf of each of 17 investors in a commercial building arising from fraud in the financing of the purchase. In the same trial, obtained judgment for an additional $500,000 in punitive damages against the syndicator.

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 ...

Successfully defended non-profit advocacy group against claim that it did not own rights to its name.

Successfully defended a private school against claims by the United States Department of Labor that its vocational program violated child labor laws and obtained an order awarding the school its attorneys’ fees. The favorable opinion from the Sixth Circuit Court of Appeals established precedent for all similar schools in the four-state circuit.

Represented plaintiff in suit arising out of cost overruns on $100 million boiler project due to faulty construction drawings. Interviewed witnesses, reviewed documents, drafted motions and briefs, successfully argued against motion for partial summary judgment, assisted at trial, co-wrote post-trial and appellate briefs. Verdict for client in the amount of more than $4.6 million. United States Court of Appeals for the Fourth Circuit affirmed judgment and ...