Commercial Litigation

HLP attorneys use their thorough knowledge of the law and trial tested legal experience to effectively represent clients in a full range of complex commercial cases in federal and state courts. We bring the full weight of our collective knowledge and experience to bear to craft creative and practical strategies to achieve client goals and success. HLP attorneys also use their experience to counsel clients prior to litigation to resolve disputes before a lawsuit is filed.

If a lawsuit is filed, HLP has a proven track record of resolving cases prior to trial through successful motions and mediation. When cases do go to trial, HLP attorneys are well armed with traditional advocacy skills and modern technology tools that allow us to persuasively tell our client’s story to the jury.

HLP attorneys are always mindful of controlling litigation costs and responding to client needs and goals.

HLP’s Commercial Litigation practice includes:

Appellate Advocacy

HLP attorneys have argued appeals in the Georgia Court of Appeals and Georgia Supreme Court, as well as in federal appellate courts.  We have extensive experience with appellate practice and advocacy, including oral argument and written briefs.

Reported appellate decisions include:

  • In re Goerg, 930 F.2d 1569 (11th Cir. 1991)
  • Henderson v. ScientificAtlanta. 971 F.2d 1567 (11th Cir. 1992)
  • Region Forest Service Timber Purchasing Council v. Hancock, 993 F.2 800 (11th Cir. 1993)
  • Schlachter v Georgia State Bd. Of Examiners of Psychologists. 215 Ga. App. 171 (1994)
  • Georgia Real Estate Com'n v Peavy, 229 Ga. App. 201 (1997)
  • Elderv State, 230 Ga. App. 122 (1998)
  • Lifestyle Family LP v. Lawyers Title Ins, Corp., 256 Ga. App. 305 (2002)
  • ABF Capital Corp. v. Yancey, 264 Ga. App. 850 (2003)
  • Pazur v Belcher, 272 Ga. App. 456 (2004)
  • Fayette County Georgia v. Mayor Kenneth Steele, et at, 268 Ga. 13 (2004)
  • Interfinancial Midtown. Inc. v. Choate Construction Co., 284 Ga. App. 747 (2007)D.C. Ecker Const. Inc. v. Ponce Inv. LLC. 294 Ga. App. 833 (2008)
  • Scott v ING Clarion Partners, 262 Fed. Appx. 983 (11th Cir. 2008)
  • Anderson v Daniel, 314 Ga. App. 394 (2012)

Banking Litigation

HLP represent banks and bank officers and directors in a variety of matters, including lender liability, officer and director liability, suits on notes and guaranties, disputes between banks, and regulatory actions for civil money penalties.

HLP has extensive experience defending bank officers and directors in sutis brought by the FDIC in the wake of the recent banking crisis.

Business Litigation

HLP provides trial tested representation and practical advice to large and small businesses in all manner of business-related disputes, including breach of contract, tortious interference with business relations, misrepresentation, fraud, breach of fiduciary duties, business ownership disputes, and shareholder litigation. Our attorneys pursue business-minded strategies and are dedicated to resolving these disputes at the earliest possible stage to minimize their impact on our clients' businesses.

Contract Disputes

HLP routinely represents businesses on a variety of breach of contract claims across a wide array of industries, including construction contracts, lending disputes, lease disputes, commission disputes, sales of goods and services, employment contracts, and purchases and sales of businesses and other significant assets.

Corporate Governance/Ownership Disputes

HLP has extensive experience representing corporations, majority shareholders, minority shareholders, and partners in disputes involving corporate management, corporate control, and business divorce.  HLP has also represented officers and directors against allegations of breach of duties, misrepresentation and fraud.

Employment

HLP knows that employment disputes can affect every business, no matter the industry. HLP is committed to helping its clients avoid potential pitfalls through preventative counseling and the drafting of enforceable employment agreements that work to protect our clients and their businesses. If a dispute winds up in the courtroom, HLP is experienced in defending a wide range of federal and state employment matters, including claims of sexual harassment, discrimination, and violation of federal regulations. HLP also represents clients in cases enforcing and challenging restrictive covenants in employment contracts.

Government/Land Use/Zoning

HLP has extensive experience in matters relating to local Government. Representing private companies, citizens and government entities we bring a broad base of experience and perspective. In recent years, we have been engaged by a number of local government entities to serve as Special Counsel for disputes. Our recent work include prosecuting a number of construction claims, defending the appeal of multiple condemnation actions, defense of charges assessed by an authority as distinguished from impact fees, defending a municipal court against allegations of constitutional torts; drafting front end construction agreements and advising regarding best practices in procurement of construction services. Additionally, we represent both land owners and Governments in matters relating to zoning and land use including matters before Zoning Boards of Appeals, Boards of Commissioners and City Councils. When necessary we are experienced in appeals of zoning decisions to the superior courts of Georgia. We have been called upon on multiple occasions to give presentations to government trade organizations including the Georgia Municipal Association.

Trade Secrets

HLP attorneys have represented numerous companies whose trade secrets have been stolen and companies whose employees are accused of theft of trade secrets. This experience includes obtaining and defending against requests for temporary restraining orders and injunctions so that these important questions can be resolved quickly and companies can remain focused on their primary business goals. HLP attorneys have handled cases involving cyber theft and trespass and have extensive experience using practical and cost-effective techniques in computer forensic examinations required in these types of cases.

Real Estate Litigation

HLP routinely represents parties in disputes involving real property and leases, including property owners, property managers, commercial landlords, brokers, tenants and contractors.  We have experience in the following areas:

  • Commercial landlord/tenant disputes
  • Brokerage commission disputes
  • Purchase and sales transaction disputes
  • Title insurance issues
  • Zoning and Land Use
  • Construction litigation
  • Mechanics liens
  • Homeowners Association claims
  • Boundary and Easement Disputes


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