Business Litigation

Details

We understand that litigation can be expensive and time-consuming. Accordingly, we work with clients to minimize litigation risks, reduce costs, and preserve important business relationships. We effectively blend trial strategy with business pragmatism to achieve results that are in the best interests of our clients. Our goal is to protect our clients’ rights while conserving their valuable time and resources.

HunterMaclean’s business litigation attorneys have extensive experience representing clients in federal and state courts, administrative proceedings, arbitration panels, and other alternative dispute resolution tribunals, and have achieved recent successes in many substantive areas, including:

• Appellate Litigation
• Bankruptcy
• Business Torts
• Class / Collective Actions
• Commercial Disputes
• Contracts
• Corporate Governance and Finance
• Defamation
• Directors’ & Officers’ Liability
• Documents of Title and Negotiable Instruments
• Employment
• ERISA & Employee Benefits
• Fair Housing
• Fiduciary Duties
• Franchise & Distribution Litigation
• Insurance Coverage & Recovery
• Intellectual Property
• Lender Liability
• Partnerships and LLCs
• Product Liability
• Professional Liability
• Real Estate
• Restrictive Covenants
• State and Federal RICO
• Securities
• Tax
• Trade Secrets
• Workers’ Compensation

“The parties to this appeal are represented by talented and skillful attorneys who have vigorously advanced their clients’ interests throughout this unique and complex piece of litigation.”

– Nalley v. Langdale, 319 Ga. App. 354 (2012) (Dillard, J., concurring dubitante in judgment only).

Experience

• Defense of oil company in lawsuit brought by minority shareholder alleging fraud and breaches of fiduciary duty by the company’s directors, officers, and majority shareholder, leading to favorable settlement.
• Favorable settlement of breach of contract claim brought in federal court against Fortune 500 company by software maintenance provider.
• Dismissal of class action lawsuit alleging litany of claims against payday lending company related to malfeasance by one of its former employees.
• Part of defense team in a large number of toxic tort/environmental lawsuits arising from the largest fish kill in Georgia history.
• Obtained Eleventh Circuit reversal of district court’s order dismissing non-FDIC defendants on an issue of first impression.
• Favorable settlement on behalf of party to loan participation agreement in lawsuit against limited liability company to which loan collateral was improperly transferred.
• Defense of lawsuit filed by manager of limited liability company demanding repurchase of member’s interest at below-market price, leading to favorable settlement.
• Favorable settlement of dispute between real estate development partners regarding ownership of various interests in which they co-invested.
• Favorable settlement of suit brought on behalf of franchisor against franchisee and third parties for misappropriation of trade secrets and unfair competition.
• Represented international product company in Lanham Act dispute, including claims of false advertising, trademark infringement, and trade dress infringement.
• Favorable settlement of claims between hospital and software provider related to alleged breaches of software license agreement.
• Filed lawsuit on behalf of physician practice to enforce terms of separation agreement with former member of the practice, leading to favorable settlement.
• Favorable settlement of claims against limited liability company related to alleged professional malpractice by former owner of the company.
• Obtained injunction on behalf of hospital in dispute related to potential foreclosure on hospital’s assets.
• Summary judgment for plaintiff business owner on claims including fraudulent inducement and breach of contract in connection with purchase of assets of a business.
• Obtained summary judgment (which was affirmed on appeal) on behalf of one of the nation’s largest publicly traded suppliers of aggregates and heavy building materials in $32 million lawsuit alleging breach of contract and other claims.
• Represented an investment consultant to pension plans in defending against claims under ERISA, concerning investments by trustees of a pension plan.
• Represented regional storage tank installer in alleged negligent installation of leaking tanks. Obtained a verdict of approximately 15% of the plaintiff’s final pre-trial demand in the first case and dismissals of two following cases.
• Favorable settlement in suit brought against major bank that failed to fund a loan for a client’s shopping center acquisition in October 2008 when the markets crashed, then attempted to charge the client for the bank’s trading losses in derivatives that it had acquired in connection with a rate lock agreement.
• Successfully represented several business owners in break-up disputes with partners and other shareholders.
• Successfully represented several individual clients in resolving family disputes and distribution of estates.
• Successfully defended a bank holding company and a community bank in three state court suits and a proceeding before the Georgia Securities Commissioner related to a merger and alleged securities fraud.

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