David represents individuals and businesses of all sizes. He has experience with business torts, RICO and racketeering claims, fraud, wrongful death, catastrophic injury, product liability, shareholder dispute, insurance coverage, international litigation, employer-employee restrictive covenants, internal investigations, embezzlement investigations, complex-damage determinations, nursing home liability, and breach of fiduciary duty.
David has both trial and arbitration experience, and he proceeds aggressively in litigation. His benchmarks for client service are promptness, efficiency and professionalism. He also has significant experience working with federal, state and local governments.
Significant Matters
• Secured a judgment in excess of $14 million on behalf of a telecommunications service provider against a telecommunications retailer.
• Prevailed in a First Amendment constitutional challenge against the State of Georgia and received all requested relief and our attorneys’ fees from the State.
• Prosecuting an action on behalf of a financial institution against another financial institution for fraud, breach of fiduciary duty and breach of contract related to large commercial real estate loan and involving alleged abuse of a government program.
• Won an important decision before the United States District Court for the Northern District of Georgia, establishing jurisdiction over RICO defendants domiciled in other states.
• Prevailed on summary judgment and received a multi- million dollar award from the United States District Court for the Northern District of Georgia on a claim for breach of a shareholder agreement involving the interpretation of a buy-sell clause.
• Won an arbitration award against an Atlanta-are accounting firm on behalf of a departing partner. My client was paid what he believed he was owed, plus his attorneys’ fees and costs.
• Secured a confidential settlement from a Fortune Global 100 company based in Korea on behalf of our client. In a rare and important international legal decision, which helped leverage a settlement, the United States District Court for the Northern District of Georgia compelled the defendant to stay or dismiss a parallel proceeding that it filed in South Korea so that the Northern District of Georgia could resolve the dispute.
Seminars & Presentations
• “Managing Complex Litigation,” Georgia Bar, July 2017
• “Partnering With Counsel On Complex Accounting Disputes, Including Negotiation, Mediation, Arbitration and Litigation, and Protecting the Accountant-Client Privilege,” September 2014
• “Depositions: Tactics and Strategies,” Trial and Error CLE, March 15, 2013
• “Be in the Know: What You Need to Know About Current Legal Issues that Impact You and Your Client’s Business,” Business Planning Seminar, 2010.
• “Counseling Your Clients about Privilege, Confidential Information and Trade Secrets,” Business Planning Seminar for Accountants, 2009
• “Electronic Discovery and the New Federal Rules of Civil Procedure,” Taking and Defending Effective Depositions CLE, 2006
• “Clouds on Title: Placing or removing Lis Pendens, Liens and Equitable Liens,” Real Estate Law from A-Z CLE, 2008
• “What to Do When A Restrictive Covenant is Breached: Counseling and Working With the Client,” Covenants Not to Compete CLE, 2008 and 2009
Articles
• “New State Representative Previews the 2017 General Assembly,” Daily Report, December 30,2016
• “Dancing with the Big Boys: Georgia Adopts (Most of) the Federal Rules of Evidence,” 63 Mercer L. Rev. 1, 3, Special Contribution (2011)
• “Pro & Con: Kagan’s Work History,” Atlanta Journal Constitution, Sunday May 16, 2010
News
• Atlanta-based Chamberlain Hrdlicka Attorneys Recognized as 2013 Georgia Super Lawyers and Rising Stars
• Could vacant 11th Circuit seat allow compromise?
• Atlanta-based Chamberlain Hrdlicka Shareholders Recognized as 2012 Super Lawyers
Professional Affiliations
• Georgia State Representative, House District 59
• Grant Park Conservancy, Past President
• Red Clay Democrats, Past Chairman
• Georgia Victory 2014, Voter Protection Litigation Chair
• Georgia State University Religious Student Department, Board of Advisors
• American Constitution Society, Georgia Lawyer Chapter, Past President
• Emory University Annual Fund Board, Past Member
• Emory Law Alumni Executive Committee, Past Member