Litigation, Mediation and Arbitration

We handle virtually every type of business litigation and dispute. We strive to achieve the best possible resolution for our clients, whether through trial or a negotiated resolution. We understand that, although many cases settle, litigation counsel must always be prepared to take a case to trial if necessary. We also understand that many cases cannot settle merely for a payment in exchange for a release. We are experienced in exploring creative resolutions when in the best interests of our clients, whether in direct negotiations with the opposing party, or through alternative dispute mechanisms such as mediation. We have litigated disputes in the following areas, among others:

Contract Disputes

We handle disputes regarding many types of contracts, including acquisition agreements, loan agreements, service contracts, sales agreements, equipment contracts, construction contracts, real estate contracts, letters of credit, leases, government procurement contracts, distributorship agreements, services agreements, franchise agreements, partnership agreements, joint venture agreements, and securities agreements. We also handle contract-based claims involving alleged breach of express and implied warranties.

Unfair Competition and Business Torts

We have extensive experience regarding claims for many types of unfair competition, including misappropriation of trade secrets, tortious interference with contractual and business relationships, common law fraud, conversion, and defamation. We have also handled false advertising claims under the Lanham Act and the Deceptive Trade Practices Act. Claims involving the misappropriation or misuse of electronically stored information have become increasingly important, and we have experience with the Federal Computer Fraud and Abuse Claim Act and the Georgia Computer Systems Protection Act. We have experience in working with forensic experts in cases involving electronically stored information.

Corporate and Partnership Disputes

We handle many types of corporate and partnership litigation, including shareholder derivative suits, breach of fiduciary duty suits, officer and director litigation, control disputes, shareholder disputes, merger and acquisition disputes, and dissolution litigation.

Creditors' Rights and Bankruptcy Litigation

We deal with many disputes involving the collection of debts and the recovery of collateral. We also have experience with claims involving receivers or alleging lender liability. We have also litigated matters in bankruptcy court, including disputes involving preferences, cash collateral, relief from stay and discharge. We have also handled adversary proceedings in bankruptcy involving different types of claims.

Intellectual Property

Intellectual property disputes have become increasingly important to businesses. We litigate claims involving confidentiality and non-disclosure agreements, trade secrets, trademarks, trade dress, copyrights, patents, and licensing agreements.

Insurance Coverage

We have experience in representing policyholders and insurers in disputes arising under CGL, excess liability, professional liability, builders risk and other types of insurance policies. We also handle claims involving allegations of insurer bad faith.

Appellate Litigation

As part of our appellate practice, we represent clients in appeals for cases that we originally tried or otherwise took to judgment at the trial court level - seeking to preserve favorable results obtained by our trial counsel or to correct errors that may have occurred in the lower courts. We also handle appeals from judgments obtained by other trial court counsel. We routinely litigate appeals in both state and federal courts, and our appellate practice has included appeals before the United States Supreme Court. We are known and respected for our brief writing and oral advocacy skills, and our appellate practice includes handling complex, high-stakes cases. We also serve our clients by examining pending laws to determine their constitutionality and to gauge the likelihood of successful legal challenges.

Litigation and Coverage Coordination

We have experience in working with corporate general counsel and risk managers of product manufacturers throughout the United States. We coordinate litigation defense and relations with insurance carriers for clients with large self-insured retentions. We monitor defense counsel engaged by or appointed for our clients, and we assist the insured should any disagreement arise with the insurer.

Product Liability

Manufacturers, sellers and distributors of products continue to face substantial risk from product liability litigation. We handle and manage product liability litigation, and have particular experience in handling claims involving windows and doors, machinery and equipment, and natural gas. We also have experience in handling claims regarding the cause and origin of fires.

Construction Litigation

We litigate claims involving payment disputes, extra work, delay damages, and disruption. We have particular experience regarding industrial projects.

Statutory Litigation

We handle statutory litigation claims arising under various federal statutes, including antitrust, securities, and ERISA.

Employment Litigation

We represent employers, officers, and employees in employment contract litigation, disputes regarding covenants not to compete or not to solicit customers or employees, and employment discrimination matters.

Real Estate Disputes

We litigate claims arising under purchase and sale or option contracts and leases. We also handle foreclosures, including foreclosures involving hotels, apartments, office buildings and other commercial real estate.

Health Care

We represent physicians, hospitals, and other health care providers in litigation pertaining to the health care field.

Alternative Dispute Resolution

Many contracts require that cases be brought in arbitration. Our attorneys try cases in arbitration under the Rules of the American Arbitration Association, as well as other rules. We also have experience in litigating the enforcement of arbitration clauses. Many cases also wind up, either voluntarily, or as a result of a court order, in mediation. Our lawyers have handled numerous cases in mediation. In addition, one of our attorneys is a trained mediator, and is also available to serve as a mediator.

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