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  Areas of Practice

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Listed below are our general areas of practice:

 

 

Complex Commercial and Business Litigation

 

·          The Firm has significant experience in complex commercial litigation, including contracts, trademark and trade secret disputes, business torts, partnership and joint venture disputes, employment agreements and covenants not to complete.  We have also handled several emergency matters, including seeking and defending TRO’s and other injunctive relief.

 

·          We have served as lead counsel to Bankruptcy Trustee in litigation against several former officers and directors of a debtor corporation.  Claims included breach of fiduciary duty, fraud, conversion and civil RICO. We have also represented parties in fraud and breach of fiduciary duty claims against officers and directors of corporations, including of one of largest failed technology companies in Southeast.

 

·          The Firm as acted as counsel to upscale golf course developer in multi-million dollar lawsuit filed by purported joint venture partner, and has represented several commercial and residential real estate developers in various matters.

 

·          The Firm has represented several clients with respect to the dissolution of businesses or employment relationships, including disputes over employment agreements and restrictive covenants, and over partnership and LLC agreements.  

 

 

Bankruptcy and Bankruptcy Litigation

 

 

     ·          We publish the Georgia Bankruptcy Blog, the most updated resource available for bankruptcy updates and  developments.

                          The site provides summaries for virtually all published, and many unpublished, decisions in Georgia and the Eleventh Circuit Court of

                  Appeals, major cases from other jurisdictions, and commentary on other developments.  It is our goal to stay on top of the law and

                  judicial decisions to better serve our clients.

 

     ·          We have extensive experience representing debtors, creditors, trustees and other parties in Bankruptcy Court.  We

                 have acted as counsel to several Chapter 11 debtors, including real estate developers, an advertising company, manufacturer of high-

                 end home filtration units, a restaurant chain, an HVAC company, a large wholesale printing company, and commercial contractors. 

                 We also act as special counsel to trustees.

 

·          We represent individual debtors in bankruptcy, specializing in complex cases involving significant debt and assets, or business or real estate debt. 

 

·          Our firm represents debtors, principals, purchasers, and creditors in connection with non-Bankruptcy business reorganization and workouts. We work with our clients and their business, financial, and accounting consultants to determine whether there are viable alternatives to Bankruptcy.

 

·          We represented a commercial real estate developer in involuntary Bankruptcy case filed by a competitor.  After bench trial, the Bankruptcy Court determined that the involuntary petition was filed in bad faith and in violation of Rule 11.  In re Smith, 243 B.R. 169 (Bankr. N.D. Ga. 1999). The ruling led to a significant six-figure settlement on behalf of the client.

 

·          The Firm also represents creditors in both consumer and business Bankruptcy cases, and in adversary proceedings filed in Bankruptcy Court. We represent clients in connection with virtually any litigation matters in bankruptcy cases, including defending or prosecuting preference claims, defense or prosecution of suits to recover fraudulent transfers, enforcement or lifting of the automatic stay, defense or prosecution of suits to recover assets for the bankruptcy estate, and objecting to or supporting plans of reorganization and sales of assets.

 

·          We assist owners and lessors of personal property, general trade creditors, and landlords in enforcing their rights in accordance with applicable state and federal law. Services rendered to assist these clients include the filing of collection suits, collection and domestication of judgments, and enforcement of rights under loan and lease documents, including real and personal property foreclosures, recovery of leased equipment, and presentation of deficiency claims.

 

 

Construction Litigation (Industrial, Commercial, Residential)

 

·          Lawyers in the Firm have an industrial and commercial construction litigation practice, with extensive experience in prosecuting and defending cases in several jurisdictions. 

 

·         We have acted as counsel to national industrial contractors, including a national contractor with a multi-million dollar claim against a Vermont power generation plant, a Louisiana based chemical company, and a national hotel contraactor.

 

·          The Firm has representated a national HVAC/Air Filtration company in several lawsuits regarding toxic mold in homes.

 

·          The Firm has represented homeowners and builders in water runoff litigation, contract disputes and latent defects.

 

  

Commercial and Residential Real Estate and Title Litigation

 

·          The Firm has acted as counsel to several commercial and residential real estate developers, including a developer of upscale golf communities and the developer of several upscale residential developments.

 

·          Lawyers in the firm have acted as counsel to title insurance companies with respect to claims including defects in title and closing attorney negligence.

 

·          The Firm has represented purchasers and sellers in several residential and commercial mortgage fraud cases, involving hundreds of properties. 

 

 

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