L Joseph Loveland (Joe)

Some of the more significant matters in which he has recently been involved include:

• Lead counsel for Verizon Wireless defending litigation brought by AT&T to enjoin Verizon’s “There’s a Map for That” commercials comparing the 3G networks of the two companies.  The U.S. District Court for the Northern District of Georgia denied AT&T’s request for a temporary restraining order on the commercials, and the action was subsequently dismissed.
  
  
• Lead counsel for Imperial Tobacco Co. of Canada in litigation filed in San Francisco state court by a former subsidiary asserting claims of fraudulent conveyance, illegal dividends, and alter ego arising out of inter-corporate transfers.  The action is also connected with the subsidiary’s bankruptcy action in Delaware.
  
  
• Lead counsel for Wachovia and Wells Fargo in action filed by Elavon, Inc. in federal court in Atlanta asserting claims of breach of contract and tortious interference with contractual relationships arising out of the merger of Wachovia and Wells Fargo.
  
  
• Lead counsel for Ernst & Young in securities litigation and accounting liability cases in federal court in Tennessee and Mississippi.
  
  
• Lead counsel for The Coca-Cola Company in litigation filed in both federal and state court by more than 50 independent bottlers challenging the right of the Company and Coca-Cola Enterprises to warehouse deliver certain products to major retailers, including Wal-Mart.
  
  
• Lead counsel for General Electric Healthcare in defense of claims of breach of contract and misappropriation of trade secrets with regard to software in federal court in Austin, Texas.
  
  
• Lead counsel defending The Coca-Cola Company against whistleblower allegations of financial and accounting improprieties filed by a former employee in litigation in both state and federal court in Georgia.  Mr. Loveland also coordinated the Company’s response to investigations into these activities by the Department of Justice and the SEC.
  
  
• Coordinating counsel for WellCare Health Plans, Inc. and its subsidiaries in responding to the investigation of the Company by the United States Department of Justice and other state and federal agencies arising out of WellCare’s Medicaid health plan.
  
  
• Lead counsel for ACS in an action asserting breach of contract and misappropriation of ACS trade secrets claims against a former vendor in Chancery Court in Wilmington, Delaware.
  
  
• Lead counsel for Miller Brewing Company in federal court in Milwaukee in antitrust and contract suit seeking the right to terminate Miller’s Canadian License Agreement with Molson.
  
  
• Lead counsel for various not-for-profit hospital systems in class action litigation in federal and state courts challenging pricing and collection policies of hospitals in Georgia and West Virginia. 

Mr. Loveland's trial experience includes:

• Lead counsel for Texaco Inc. and Texaco Pipeline Inc. in a three-month toxic tort jury trial in Beaumont, Texas defending against claims of personal injury and property damages arising from a pipeline rupture and subsequent fire on the San Jacinto River.  The jury returned a defense verdict on all claims.  The case was selected by the National Law Journal as one of the Top Ten Defense Wins for the year.
  
  
• Lead counsel for The Coca-Cola Company in a two-week jury trial in federal court in Atlanta asserting claims against its international apparel licensee for trademark infringement, breach of contract, breach of a loan agreement, and defending against counterclaims for breach of contract and fraud.  The jury returned a verdict for The Coca-Cola Company on all claims.
  
  
• Lead counsel for Baxter Healthcare in 2011 arbitration against Teva Pharmaceuticals involving indemnification for Nevada propofol litigation.
  
  
• Lead counsel for Donnie Cleveland Lance in a death penalty habeas corpus evidentiary hearing in Georgia. 
  
  
• Lead counsel for Ernst & Young in a month-long accountant liability jury trial in Gulfport, Mississippi in February, 2007.  The jury allocated 75% of liability to settling defendants and 25% of liability to Ernst & Young.  Mr. Loveland argued the appeal of the verdict in the Fifth Circuit.
  
  
• Lead counsel for Small Smiles Holding in trial in state court in Madison, Wisconsin involving post-closing demands on an escrow fund created upon the purchase of a business.  The plaintiff seeking release of the funds dismissed the claims with prejudice. 
  
  
• Defending Banca Nazionale del Lavoro in a number of suits in state and federal courts arising out of $2 billion of unauthorized loans by the bank’s Atlanta branch to the government of Iraq.
  
  
• Lead counsel in the defense of Columbia HCA and one of its hospitals in a three-week trial in federal court in Atlanta on claims of breach of contract and misappropriation of trade secrets involving computerized hospital information systems.  The court found in favor of Columbia HCA on the trade secret claims and awarded minimal damages on the breach of contract claim.
  
  
• Lead counsel for a group of United States and Netherlands Antilles corporations in two separate jury trials and appeals against corporate alter ego and fraudulent conveyance claims brought by a German construction company arising out of commercial transactions in Iran.  The Georgia Supreme Court ultimately ordered that judgment be entered in the groups’ favor on all claims.
  
  
• Lead counsel for Miller Brewing Company in distribution litigation in federal court in Tampa involving claims of antitrust violations, RICO, fraud and breach of contract, as well as claims by Miller of breach of contract and trademark infringement.

Mr. Loveland’s recent appellate matters include the following:

• Lead counsel for Chevron Corp. in appeal pending the United States Court of Appeals for the Fourth Circuit on executive stock option case.  Mr. Loveland also handled the case in the United States District Court in South Carolina and obtained summary judgment for Chevron. 
  
  
• Lead counsel for The Coca-Cola Company in appeal in the United States Court of Appeals for the Eleventh Circuit involving issues of international abstention.  This matter was argued in 2010, and the Eleventh Circuit affirmed the District Court’s grant of a stay of United States litigation against The Coca-Cola Company. 
  
  
• Lead counsel for MillerCoors in appeal currently pending in the United States Court of Appeals for the Sixth Circuit dealing with the application of Ohio statute governing the right of a successor manufacturer to change distributors. 
  
  
• Lead counsel for DeKalb County in appeal to the Georgia Supreme Court involving the constitutionality of an intergovernmental agreement involving distribution of tax revenues.  Mr. Loveland has argued the case in the Georgia Court of Appeals as well as the Georgia Supreme Court on two occasions.  The Georgia Supreme Court recently affirmed summary judgment for DeKalb County.
  
  
• Lead counsel for Ernst & Young in appeal to the United States Court of Appeals for the Sixth Circuit in alleged class action involving claims of securities fraud.  The Sixth Circuit affirmed the District Court’s grant of a motion to dismiss.  Mr. Loveland served as lead counsel in the District Court as well.
  
  
• Lead counsel for Ernst & Young in appeal to the United States Court of Appeals for the Fifth Circuit in appeal from jury verdict in accountant liability action in the United States District Court in Mississippi.  Mr. Loveland served as both lead trial counsel and lead counsel on the appeal.  
  
  
• Lead counsel for NBC Universal in certified question proceeding before the Georgia Supreme Court.  The United States District Court for the Northern District of Georgia certified an issue regarding the scope of Georgia’s anti-gaming statute to the Georgia Supreme Court for decision.  Mr. Loveland argued the case in both the District Court and the Georgia Supreme Court.  Following determination by the Georgia Supreme Court, the District Court dismissed the class action proceeding brought against NBC Universal.