Lawrence A.
Slovensky
(Larry)

Business Litigation and Corporate Governance Disputes

Argued and won final summary judgment on behalf of Emory Healthcare, Inc. in defense of a $391 million dollar lawsuit in the Superior of Fulton County, Georgia’s Business Court, in which the plaintiff attempted to enforce an MOU addressing potential terms for a co-owner buyout in a Georgia limited liability company that owns and operates Atlanta-based hospitals.

Represented a portfolio company of Oaktree Capital in connection with federal litigation filed against the City of Austin, Texas in W.D. Tex. relating to municipal efforts to use condemnation powers to terminate the company’s long-term contract for operation of the South Terminal at the Austin-Bergstrom International Airport and related state proceedings ultimately resulting in a $88 million settlement.

Successfully represented multi-family real estate company Resia in asserting multi-million dollar tortious interference and breach of contract claims in the Superior of Fulton County, Georgia’s Business Court arising from a failed commercial real estate purchase transaction.

Successfully represented an affiliate of Truist Bank in asserting multi-million dollar tort and contract-based claims in M.D. Fla. arising out of an equipment sale and lease-back transaction involving mobile solar generators.

Represented Global Payments Direct, Inc. in a successful appeal to the Georgia Court of Appeals overturning a $135 million jury verdict rendered in the Superior Court of DeKalb County, Georgia.

Won declaratory judgment and an attorney's fee award for a commercial real estate private equity fund in a Delaware Chancery Court expedited proceeding in an intra-LLC dispute over management of a major hotel and convention center renovation.

Won final summary judgment for private equity infrastructure fund Highstar Capital IV, LP and its officers in a long-running lawsuit in the Superior Court of Fulton County’s Business Court in which the plaintiff sought a multi-million dollar punitive damages award arising from the fund's $470 million acquisition of a portfolio company.

Won a jury trial in the Superior Court of Fulton County on behalf of a portfolio company of a private equity fund sued by a developer over a property line dispute in connection with the acquisition of a multimillion-dollar student housing development; affirmed on appeal by the Georgia Court of Appeals.

Won a bench trial in a case filed by a Georgia municipality in litigation relating to a long-term $40 million water supply agreement; obtained an order affirming the validity of the underlying agreement, affirmance by the Georgia Court of Appeals, and denial of petition for certiorari by the Georgia Supreme Court.

Obtained a multimillion-dollar award for a publicly traded corporation in a purchase price escrow dispute with former shareholders of an acquired telecommunications company.

Represented SunTrust Bank and an individual broker in defense of a $100 million claim before a Financial Industry Regulatory Authority arbitration panel arising from sale of preferred securities to state chartered banks.

Prepared an independent counsel report for a special litigation committee of a corporate board on responding to shareholder demands for institution of breach of fiduciary duty litigation against directors relating to prior corporate acquisitions.

Conducted an independent investigation for the board of a publicly traded pharmaceutical corporation in response to demands from two board members for review of prior corporate transactions; issued a substantial report to the board, which was unanimously accepted by the board, including by the dissenting board members.

Represented a software purchaser in litigation against a software development company in the Superior Court of DeKalb County and obtained a jury verdict awarding all damages sought.

Legal Malpractice and Professional Liability Defense

Won final summary judgment for an AM Law 100 law firm in a N.D. Ga. lawsuit brought by a receiver alleging malpractice arising from a Georgia regional bank failure.

Represented an AM Law 100 law firm and an individually-named lawyer in defense of RICO and business tort claims in E.D. Pa. asserted against the law firm by a third party relating to a client's activities and obtained dismissal with prejudice of all claims.

Represented an AM 100 law firm in breach of fiduciary duty and malpractice litigation in the Superior Court of DeKalb County, Georgia arising from the firm’s prior representation of a closely-held corporation.

Represented a national law firm and individually named lawyers in defense of legal malpractice claims asserted by receiver on behalf of creditors of former regional bank client.

Represented a regional law firm in connection with favorable resolution of legal malpractice claims asserted by a bankruptcy trustee on behalf of the estate of the firm’s former real estate developer client.

Represented an Atlanta-based law firm in connection with favorable resolution of contribution and malpractice claims arising from damages awarded against a former client for fraud in a prior lawsuit.

Represented individual Georgia lawyers in fee arbitration matters and responses to bar grievances before the State Bar of Georgia.

Class Action Litigation

Represented a national court reporting company in defense of multiple statewide consumer class actions relating to billing practices, resulting in two orders denying class certification under California and Florida consumer protection statutes and voluntary dismissals of all related cases. See In Re: Motions to Certify Classes Against Court Reporting Firms, 715 F. Supp. 2d 1265 (S.D. Fla. 2010) (aff’d by 11th Cir.); Colapinto v. Esquire Deposition Services, LLC, 2011 WL 913251 (C.D. Cal. 2011).

Represented a telecommunications company in defense of a class action lawsuit under California’s call-recording statue and obtained less-than-cost-of-defense settlement.

Represented a national Internet service provider in defense of consumer class action relating to billing practices and related false advertising claims; obtained order compelling arbitration and subsequent favorable settlement and dismissal of claims.

Represented a national Internet service provider in defense of nationwide class action relating to early termination fees; obtained order dismissing damages claims based on voluntary payment doctrine.

Represented a healthcare insurance company in defense of multiple consumer and public interest class actions challenging company’s conversion from nonprofit to for-profit status.