|Jonathan Hawkins Talks Business Divorce |
An article on business divorce in the Atlanta Business Chronicle featured Jonathan Hawkins on the complex and painful process of a business breakup. Hawkins discussed the kind of business scenario whi..... Read more...
|Herman Fussell Defeats and Reverses a $200,000 Subcontractor Claim|
In a construction case concerning a large condominium complex in Palm Coast, Florida, on September 9, 2012, the Fifth District Court of Appeals of Florida ruled that the lower trial court ruling grant..... Read more...
In the category of Best General Commercial 2011, Chambers USA America's Leading Lawyers for Business Guide stated "market sources praise practice lead Halsey Knapp for being extremely organized, very personable and very results oriented." Halsey puts it more simply: “I know how to try cases and I enjoy what I do very much.”Halsey specializes in Atlanta Business Litigation and tries civil cases in state and federal courts in Georgia and other states. His multifaceted practice includes representing clients in complex commercial litigation, business tort, trade secret, restrictive covenant, technology litigation, and employment law.
“There are generally three different kinds of experiences that I have in my practice. I have a group of existing clients that I handle all of their business issues: employment issues, relationships with suppliers, relationships with competitors, problems with governance and regulators, and so forth. Also I get a tremendous number of referrals from other law firms, and those are typically business tort cases that tend to center on corporate governance and disputes between business owners. Finally, my partners have a lot of real estate clients, so I do a good deal of real estate litigation – especially in the current economic environment.”
Massaro Limited Partnership, (Park West Two.) v. Baker & Taylor, Inc.,
Civil Action No. 00-1234. (U.S.D.C.W. D. Pa. Judge Gary L. Lancaster). Mr. Knapp and Mr. Hudson represented Baker & Taylor at the April 2003 trial of a prominent Pittsburgh developer who sought to enforce, as a lease, a letter of intent explicitly conditioned on Baker & Taylor's board approval. Mr. Knapp and Mr. Hudson secured a defense jury verdict on fraud and breach of contract claims. On appeal to the Third Circuit, then Chief Judge Samuel L. Alito, Jr. chaired a three member panel which, after a vigorous oral argument, reversed the trial court's promissory estoppel finding and entered a defense judgment on all claims. 161 Fed. Appx. 185, 2005 WL 3449066 (3rd Cir., Dec. 15, 2005).
BKJB Partnership v. Richard Moseman,
Civil Action File No. 02-VS-035222; (Judge Brenda Cole, State Court of Fulton County). Mr. Knapp and Ms. Walker defended Richard Moseman, a former business partner of the plaintiff, from claims of abusive litigation brought by the BKJB partnership composed of Robert D. Cheeley, Keith Breedlove, James E. Butler and Bobby M. Thomas. The BKJB Partnership defeated Moseman's underlying securities fraud suit filed in the U.S.D.C. in Baltimore, Maryland. Moseman v. Van Leer, 263 F. 3d 129 (4th Circuit 2001) cert. denied, 534 U.S. 1128 (2002). BKJB filed suit in Georgia against Mr. Moseman, a California resident whose company had participated in building the MARTA system 20 years earlier, in a second effort to obtain an award of attorney's fees for alleged abusive litigation. Mr. Knapp successfully defeated BKJB's claim by motion for summary judgment. This order was affirmed by the Court of Appeals, BKJB Partnership et al. v. Richard L. Moseman, 284 Ga. App. 862, 644 S. E. 2d 874, 7 FCDR 1169 (2007), and BKJB's Petition for Certiorari was denied Case No. S07C1249 (July 2007).
The Fiderion Group, LLC and Fiderion Financial Services Group, LLC v. Robert J. Gallagher, Jeffrey L. Campbell and ALPHA XS, LLC,
Civil Action No. 2008-CV-149324 (Judge John H. Goger, Fulton County Superior Court). Mr. Knapp, Mr. Baer and Ms. Lockett represented Fiderion, a financial services retained search firm, in this suit against several former employees who set up a competing firm. Our team enjoined the defendants from engaging in unfair competition, theft of trade secrets and of company property and violations of restrictive covenants. During the course of the proceeding, our team was able to revive the electronic data proving these violations despite the defendants' use of Evidence Blaster and other electronic tools designed to delete all data from their hard drives. Subsequent violations of the Court's injunctive relief and the parties' settlement agreement have been proven when the defendants yet again resorted to commonly available hard drive scrubbing programs, Evidence Eliminator. Our experts, nonetheless, defeated these efforts at spoliation. Contempt sanctions including incarceration for the defendant was ordered based in part on videos we obtained from a Fedex/Kinkos seemingly showing the primary defendant sending an incriminating facsimile in which he impersonated the principal of our client.
J. Maxwell Technologies, Inc. and William M. Brander v. Maxwell Chase Technologies, LLC and Michael Walsh,
Civil Action No. 2007-CV137120 (Judge Fulton County Superior Court). Mr. Knapp and Ms. Walker represented Plaintiffs, inventors of packaging technology, in their suit to force the limited liability company, which they founded originally, to declare distributions of profits and to honor employment and licensing agreements. Plaintiffs exchanged management control for several capital infusions under protections afforded by a shareholder operating agreement, a license agreement and an employment agreement which mandated certain payments and the distribution of profits to members. When then current management refused to honor these obligations, Plaintiffs filed suit. After minimal discovery, Plaintiffs achieved a favorable seven figure settlement in mediation.
Mohegan Tribe Gaming Authority ("MTGA") Claim,
Mr. Knapp represented an estimating and construction management client in this pre-litigation negotiation. The Mohegan Sun casino facility located in Uncasville, Connecticut complained that the $100 million plus difference between a total construction cost estimate based on 100% conceptual drawings and a reconciled budget performed shortly thereafter was prima facie evidence of negligence. Counsel demonstrated with detailed PowerPoint presentations in a series of face-to-face meetings with MTGA that the client had in fact discharged its duties in conformity with all applicable professional standards. MTGA did not pursue the claim into litigation. (2009)
Malone Construction Company v. Ron and Susan Antinori,
In this five day arbitration, Mr. Knapp represented Malone Construction Company and collected the six figure balance due this general contractor for its construction of a $6 million modern showcase home in Ansley Park. We defeated the homeowner's efforts to cast design issues regarding the unique elements at issue-a geo-thermal radiant heating system, spiral stair case and vast expanses of exterior glass-on to the shoulders of the general contractor under the guise of a claim of faulty construction. Our client also recovered its attorney's fees. (2006)
- In Fulton County Superior Court, Judge Lane Bensonetta Tipton, obtained settlement after favorable hearing on motions to dismiss and for summary judgment on behalf of our client, Hyatt Corporation, in suit seeking $9.2 million capital account deficiency. E-47910, MRI Ravinia Assocs., L.P. et al. v. The Hyatt Corporation et al. 1997.
- In Fulton County Superior Court, Judge Stephanie B. Manis, obtained temporary restraining order prohibiting NationsBank from honoring letter of credit it issued to confirming bank in Peru due to alleged alteration of shipping documents that literally complied with terms of letter of credit. E-47901, Tarrant Apparel Group v. NationsBank, N.A. (South).
- Successfully defended Atlanta branch of National Linen Service from competitor's claims of predatory pricing and attempted monopolization under Section 2 of Sherman Act. 15 U.S.C. § 2. Carr Linen v. NSI.
- Defended the owners of a hotel in Orlando, Florida from a claim by its management company, Bryanston Group, Inc., that they should indemnify the management company for a $350,000 sexual harassment judgment arising from the latter's operational activities. Judge Gail C. Flake, Dekalb Superior Court, presided.
- Defending a therapy service provider to nursing homes, Vencor, Inc., from a claim under a written indemnity agreement by Mariner Health Care seeking to recover approximately $7 mil. of Medicare disallowances purportedly related to the therapy services. Judge Bedford T. Jackson, Jr., Fulton Superior, presided.
Mr. Knapp represents executives in business formation, strategic employment, compensation negotiations and business break-ups, and is a frequent speaker on jury selection and complex commercial litigation. He specializes in Atlanta business litigation.
Halsey served as the President of the Lamar American Inn of Court from 2001-2004, has been on the Executive Committee since 2000, and a Master since 1992. He is also the secretary of the Eleventh Circuit Historical Society, and was formerly a board member of the Atlanta Bar Association Litigation Section.
Mr. Knapp received his undergraduate degree from Cornell University before earning his law degree from Emory University School of Law, where he received the Best Brief Award in the Law Day Competition and served as President of the Student Bar Association.