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During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade,\u0026nbsp;and\u0026nbsp;winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the \u0026ldquo;v.\u0026rdquo; In particular,\u0026nbsp;he\u0026nbsp;has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to\u0026nbsp;rejoining King \u0026amp; Spalding, where he worked earlier in his career, Will\u0026nbsp;served as Associate General Counsel\u0026nbsp;for\u0026nbsp;The Home Depot and\u0026nbsp;was a member of the\u0026nbsp;company\u0026rsquo;s\u0026nbsp;Legal Senior Leadership Team.\u0026nbsp;As leader of\u0026nbsp;The Home Depot\u0026rsquo;s\u0026nbsp;commercial litigation team for more than ten years, he\u0026nbsp;was responsible for\u0026nbsp;the\u0026nbsp;company\u0026rsquo;s most significant commercial and business litigation,\u0026nbsp;which\u0026nbsp;frequently\u0026nbsp;challenged core aspects of the company\u0026rsquo;s business. During his\u0026nbsp;21-year tenure\u0026nbsp;with The Home Depot,\u0026nbsp;Will\u0026nbsp;led the successful defense\u0026nbsp;of several hundred class\u0026nbsp;actions, created and led the company\u0026rsquo;s recovery litigation program,\u0026nbsp;and\u0026nbsp;successfully managed multiple high-profile investigations\u0026nbsp;and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups. Will has been described by a Fortune 20 GC as \"an exceptionally talented lawyer, strong leader and trusted counsel to senior level executives.\"\u003c/p\u003e\n\u003cp\u003eA recognized thought leader in complex litigation,\u0026nbsp;Will\u0026nbsp;argued before the U.S. Supreme Court in the 2019 term\u0026mdash;one of the few in-house\u0026nbsp;counsel\u0026nbsp;to do so. He received the\u0026nbsp;Atlanta Business Chronicle\u0026rsquo;s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works,\u0026nbsp;Misunderstanding Original Jurisdiction\u0026nbsp;and\u0026nbsp;There Is No Conservative Case for Class Actions,\u0026nbsp;ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He\u0026nbsp;frequently\u0026nbsp;lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee\u0026nbsp;Winston\u0026nbsp;College of Law, where he earned the Harold C. Warner Outstanding\u0026nbsp;Adjunct\u0026nbsp;Professor Award in 2025.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eWill\u0026nbsp;chaired the Board of Georgians for Lawsuit Reform,\u0026nbsp;which was\u0026nbsp;instrumental in passing Georgia\u0026rsquo;s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will\u0026nbsp;played\u0026nbsp;varsity college basketball at Sewanee and is a member of the American Law Institute.\u003c/p\u003e","slug":"william-barnette-2","email":"wbarnette@kslaw.com ","phone":null,"matters":["\u003cp\u003eRepresenting national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.)\u003c/p\u003e","\u003cp\u003eRepresenting national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.)\u003c/p\u003e","\u003cp\u003eWon reversal of order finding violation of federal labor law,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. NLRB\u003c/em\u003e, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon three ERISA class actions alleging breaches of fiduciary duty in management of 401(k)\u0026nbsp;plan,\u0026nbsp;\u003cem\u003eCano v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25);\u0026nbsp;\u003cem\u003ePizarro v. Home Depot USA, Inc.\u003c/em\u003e, 111 F.4th 1165 (11th Cir. 2024);\u0026nbsp;\u003cem\u003eLanfear v. Home Depot USA, Inc.\u003c/em\u003e, 679 F.3d 1267 (11th Cir. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of massive data breach/privacy class actions,\u0026nbsp;\u003cem\u003eIn re: The Home Depot Customer Data Security Breach Litig.\u003c/em\u003e, MDL No. 2583 (N.D. Ga. 2014)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials,\u0026nbsp;\u003cem\u003eIn re: Chinese-Manufactured Drywall Products Liability Litig.\u003c/em\u003e, MDL No. 2047 (E.D. La. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber,\u003cem\u003e\u0026nbsp;e.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eKitzes v. Home Depot USA, Inc.\u003c/em\u003e, 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers,\u0026nbsp;\u003cem\u003ee.g., Mathews v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25);\u0026nbsp;\u003cem\u003eBerger v. Home Depot\u003c/em\u003e, 741 F.3d 1061 (9th Cir. 2014);\u0026nbsp;\u003cem\u003eChochorowski v. Home Depot USA, Inc.\u003c/em\u003e, 404 S.W. 3d 220 (Mo. 2013);\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 535 F.3d 661 (7th Cir. 2008);\u0026nbsp;\u003cem\u003eO\u0026rsquo;Neill v. Home Depot USA, Inc.\u003c/em\u003e, 243 F.R.D. 469 (S.D. Fla. 2006)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eMarino v. Home Depot USA, Inc.\u003c/em\u003e, 245 F.R.D. 729 (S.D. Fla. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions alleging product defects in sale of dryer vents,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eGoldstein v. Home Depot USA, Inc.\u003c/em\u003e, 609 F. Supp. 2d 1340 (N.D. Ga. 2009)\u0026nbsp;*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions challenging permitting and licensing practices,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eVarnes v. Home Depot USA, Inc.\u003c/em\u003e, 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15);\u0026nbsp;\u003cem\u003eWillard v. Home Depot\u003c/em\u003e, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDefense trial team member in state-wide class action seeking medical monitoring and smoking cessation,\u0026nbsp;\u003cem\u003eScott v. Am. Tobacco Co.\u003c/em\u003e, 725 So. 2d 10 (La. 4th Cir. 1998)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon dismissal of securities fraud class action and affirmance on appeal,\u0026nbsp;\u003cem\u003eMizzaro v. Home Depot, Inc.\u003c/em\u003e, 544 F.3d 1230 (11th Cir. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of individual smoking and health jury trials,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eEiser v. Brown \u0026amp; Williamson Tobacco Corp.\u003c/em\u003e, 2005 Phila. Ct. Common Pleas Lexis 43 (2005)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRecovery\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, MDL No. 1720 (E.D. N.Y. 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall,\u0026nbsp;\u003cem\u003eIn re: Domestic Drywall Antitrust Litig.\u003c/em\u003e, MDL No. 2437 (E.D. Pa. 2013)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board,\u0026nbsp;\u003cem\u003eIn re: OSB Litig.\u003c/em\u003e, No. 06-826 (E.D. Pa. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam,\u0026nbsp;\u003cem\u003eIn re: Polyurethane Foam Antitrust Litig.\u003c/em\u003e, MDL No. 2196 (N.D. Ohio 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services,\u0026nbsp;\u003cem\u003eIn re: Puerto Rican Cabotage Antitrust Liig.\u003c/em\u003e, MDL No. 1960 (D. P.R. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAppeals\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDrafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068\u003c/p\u003e","\u003cp\u003eArgued jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eHome Depot v. Jackson\u003c/em\u003e, 139 S.Ct. 1743 (2019)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eArgued and won insurance policy and assignment of rights dispute,\u0026nbsp;\u003cem\u003eWoodfield v. Bowman\u003c/em\u003e, 193 F.3d 354 (5th Cir. 1999)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating striking of expert testimony,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. Lafarge N. Am., Inc.\u003c/em\u003e, 59 F.4th 55 (3d Cir. 2023)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeals which twice vacated excessive class counsel fee awards,\u0026nbsp;\u003cem\u003eIn re: Home Depot, Inc., Customer Data Sec. Breach Litig.,\u003c/em\u003e\u0026nbsp;931 F.3d 1065 (11th Cir. 2019),\u0026nbsp;\u003cem\u003eon remand\u003c/em\u003e, 2022 U.S. App. Lexis 297 (11th Cir. 2022)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating unfavorable class settlement and overly broad release,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, 827 F.3d 223 (2d Cir. 2016)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eFrederico v. Home Depot USA, Inc.\u003c/em\u003e, 507 F.3d 188 (3d Cir. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases,\u0026nbsp;\u003cem\u003eTransunion v. Ramirez\u003c/em\u003e, 141 S.Ct. 2190 (2021);\u0026nbsp;\u003cem\u003eFacebook v. Duguid\u003c/em\u003e, 141 S.Ct. 813 (2020);\u0026nbsp;\u003cem\u003eUnited States PTO v. Booking.com BV\u003c/em\u003e, 591 U.S, 549 (2020)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eInvestigations\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cem\u003e*Representation while in-house counsel\u003c/em\u003e\u0026nbsp;\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":3,"guid":"3.capabilities","index":0,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":4,"source":"capabilities"},{"id":7,"guid":"7.capabilities","index":5,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":6,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":7,"source":"capabilities"},{"id":111,"guid":"111.capabilities","index":8,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":9,"source":"capabilities"},{"id":127,"guid":"127.capabilities","index":10,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":11,"source":"smartTags"},{"id":1176,"guid":"1176.smart_tags","index":12,"source":"smartTags"},{"id":502,"guid":"502.smart_tags","index":13,"source":"smartTags"},{"id":952,"guid":"952.smart_tags","index":14,"source":"smartTags"},{"id":1188,"guid":"1188.smart_tags","index":15,"source":"smartTags"},{"id":1199,"guid":"1199.smart_tags","index":16,"source":"smartTags"},{"id":1206,"guid":"1206.smart_tags","index":17,"source":"smartTags"},{"id":750,"guid":"750.smart_tags","index":18,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":19,"source":"capabilities"}],"is_active":true,"last_name":"Barnette","nick_name":"Will","clerkships":[{"name":"Law Clerk, Hon. Sol Gothard, Louisiana","years_held":"1995 - 1996"}],"first_name":"William","title_rank":9999,"updated_by":202,"law_schools":[{"id":1136,"meta":{"degree":"J.D.","honors":"magna cum laude","is_law_school":"1","graduation_date":"1995-01-01 00:00:00"},"order":0,"pin_order":null,"pin_expiration":null}],"middle_name":"P.","name_suffix":"","recognitions":[{"title":"Chairman-Board of Directors","detail":"Atlanta Legal Aid Society, 2020"},{"title":"Chairman-Class Actions Section","detail":"State Bar of Georgia, 2024-present "},{"title":"Chairman-Board of Directors","detail":"Georgians for Lawsuit Reform, 2023-25"},{"title":"General Counsel Pro Bono Award","detail":"The Home Depot, 2020"},{"title":"Store Support Excellence Award","detail":"The Home Depot, 2024"},{"title":"Corporate Counsel Advocacy Award","detail":"Atlanta Business Chronicle, 2016"},{"title":"Member","detail":"American Law Institute, 2025-present"},{"title":"Harold C. Warner Outstanding Adjunct Professor Award","detail":"University of Tennessee Winston College of Law, 2025"},{"title":"Litigation Counsel of America Senior Fellow","detail":"2024-present"},{"title":"Litigation Counsel of America Fellow ","detail":"2019-2023"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eWill Barnette is a partner in the Atlanta office of King \u0026amp; Spalding, where he is a member of the firm\u0026rsquo;s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade,\u0026nbsp;and\u0026nbsp;winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the \u0026ldquo;v.\u0026rdquo; In particular,\u0026nbsp;he\u0026nbsp;has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to\u0026nbsp;rejoining King \u0026amp; Spalding, where he worked earlier in his career, Will\u0026nbsp;served as Associate General Counsel\u0026nbsp;for\u0026nbsp;The Home Depot and\u0026nbsp;was a member of the\u0026nbsp;company\u0026rsquo;s\u0026nbsp;Legal Senior Leadership Team.\u0026nbsp;As leader of\u0026nbsp;The Home Depot\u0026rsquo;s\u0026nbsp;commercial litigation team for more than ten years, he\u0026nbsp;was responsible for\u0026nbsp;the\u0026nbsp;company\u0026rsquo;s most significant commercial and business litigation,\u0026nbsp;which\u0026nbsp;frequently\u0026nbsp;challenged core aspects of the company\u0026rsquo;s business. During his\u0026nbsp;21-year tenure\u0026nbsp;with The Home Depot,\u0026nbsp;Will\u0026nbsp;led the successful defense\u0026nbsp;of several hundred class\u0026nbsp;actions, created and led the company\u0026rsquo;s recovery litigation program,\u0026nbsp;and\u0026nbsp;successfully managed multiple high-profile investigations\u0026nbsp;and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups. Will has been described by a Fortune 20 GC as \"an exceptionally talented lawyer, strong leader and trusted counsel to senior level executives.\"\u003c/p\u003e\n\u003cp\u003eA recognized thought leader in complex litigation,\u0026nbsp;Will\u0026nbsp;argued before the U.S. Supreme Court in the 2019 term\u0026mdash;one of the few in-house\u0026nbsp;counsel\u0026nbsp;to do so. He received the\u0026nbsp;Atlanta Business Chronicle\u0026rsquo;s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works,\u0026nbsp;Misunderstanding Original Jurisdiction\u0026nbsp;and\u0026nbsp;There Is No Conservative Case for Class Actions,\u0026nbsp;ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He\u0026nbsp;frequently\u0026nbsp;lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee\u0026nbsp;Winston\u0026nbsp;College of Law, where he earned the Harold C. Warner Outstanding\u0026nbsp;Adjunct\u0026nbsp;Professor Award in 2025.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eWill\u0026nbsp;chaired the Board of Georgians for Lawsuit Reform,\u0026nbsp;which was\u0026nbsp;instrumental in passing Georgia\u0026rsquo;s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will\u0026nbsp;played\u0026nbsp;varsity college basketball at Sewanee and is a member of the American Law Institute.\u003c/p\u003e","matters":["\u003cp\u003eRepresenting national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.)\u003c/p\u003e","\u003cp\u003eRepresenting national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.)\u003c/p\u003e","\u003cp\u003eWon reversal of order finding violation of federal labor law,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. NLRB\u003c/em\u003e, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon three ERISA class actions alleging breaches of fiduciary duty in management of 401(k)\u0026nbsp;plan,\u0026nbsp;\u003cem\u003eCano v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25);\u0026nbsp;\u003cem\u003ePizarro v. Home Depot USA, Inc.\u003c/em\u003e, 111 F.4th 1165 (11th Cir. 2024);\u0026nbsp;\u003cem\u003eLanfear v. Home Depot USA, Inc.\u003c/em\u003e, 679 F.3d 1267 (11th Cir. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of massive data breach/privacy class actions,\u0026nbsp;\u003cem\u003eIn re: The Home Depot Customer Data Security Breach Litig.\u003c/em\u003e, MDL No. 2583 (N.D. Ga. 2014)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials,\u0026nbsp;\u003cem\u003eIn re: Chinese-Manufactured Drywall Products Liability Litig.\u003c/em\u003e, MDL No. 2047 (E.D. La. 2012)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber,\u003cem\u003e\u0026nbsp;e.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eKitzes v. Home Depot USA, Inc.\u003c/em\u003e, 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers,\u0026nbsp;\u003cem\u003ee.g., Mathews v. Home Depot USA, Inc.\u003c/em\u003e, 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25);\u0026nbsp;\u003cem\u003eBerger v. Home Depot\u003c/em\u003e, 741 F.3d 1061 (9th Cir. 2014);\u0026nbsp;\u003cem\u003eChochorowski v. Home Depot USA, Inc.\u003c/em\u003e, 404 S.W. 3d 220 (Mo. 2013);\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 535 F.3d 661 (7th Cir. 2008);\u0026nbsp;\u003cem\u003eO\u0026rsquo;Neill v. Home Depot USA, Inc.\u003c/em\u003e, 243 F.R.D. 469 (S.D. Fla. 2006)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eMarino v. Home Depot USA, Inc.\u003c/em\u003e, 245 F.R.D. 729 (S.D. Fla. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions alleging product defects in sale of dryer vents,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eGoldstein v. Home Depot USA, Inc.\u003c/em\u003e, 609 F. Supp. 2d 1340 (N.D. Ga. 2009)\u0026nbsp;*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of three class actions challenging permitting and licensing practices,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eVarnes v. Home Depot USA, Inc.\u003c/em\u003e, 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15);\u0026nbsp;\u003cem\u003eWillard v. Home Depot\u003c/em\u003e, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDefense trial team member in state-wide class action seeking medical monitoring and smoking cessation,\u0026nbsp;\u003cem\u003eScott v. Am. Tobacco Co.\u003c/em\u003e, 725 So. 2d 10 (La. 4th Cir. 1998)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon dismissal of securities fraud class action and affirmance on appeal,\u0026nbsp;\u003cem\u003eMizzaro v. Home Depot, Inc.\u003c/em\u003e, 544 F.3d 1230 (11th Cir. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eWon series of individual smoking and health jury trials,\u0026nbsp;\u003cem\u003ee.g.\u003c/em\u003e,\u0026nbsp;\u003cem\u003eEiser v. Brown \u0026amp; Williamson Tobacco Corp.\u003c/em\u003e, 2005 Phila. Ct. Common Pleas Lexis 43 (2005)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRecovery\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, MDL No. 1720 (E.D. N.Y. 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall,\u0026nbsp;\u003cem\u003eIn re: Domestic Drywall Antitrust Litig.\u003c/em\u003e, MDL No. 2437 (E.D. Pa. 2013)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board,\u0026nbsp;\u003cem\u003eIn re: OSB Litig.\u003c/em\u003e, No. 06-826 (E.D. Pa. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam,\u0026nbsp;\u003cem\u003eIn re: Polyurethane Foam Antitrust Litig.\u003c/em\u003e, MDL No. 2196 (N.D. Ohio 2010)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services,\u0026nbsp;\u003cem\u003eIn re: Puerto Rican Cabotage Antitrust Liig.\u003c/em\u003e, MDL No. 1960 (D. P.R. 2008)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eAppeals\u0026nbsp;\u003c/p\u003e","\u003cp\u003eDrafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068\u003c/p\u003e","\u003cp\u003eArgued jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eHome Depot v. Jackson\u003c/em\u003e, 139 S.Ct. 1743 (2019)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eArgued and won insurance policy and assignment of rights dispute,\u0026nbsp;\u003cem\u003eWoodfield v. Bowman\u003c/em\u003e, 193 F.3d 354 (5th Cir. 1999)\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating striking of expert testimony,\u0026nbsp;\u003cem\u003eHome Depot USA, Inc. v. Lafarge N. Am., Inc.\u003c/em\u003e, 59 F.4th 55 (3d Cir. 2023)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeals which twice vacated excessive class counsel fee awards,\u0026nbsp;\u003cem\u003eIn re: Home Depot, Inc., Customer Data Sec. Breach Litig.,\u003c/em\u003e\u0026nbsp;931 F.3d 1065 (11th Cir. 2019),\u0026nbsp;\u003cem\u003eon remand\u003c/em\u003e, 2022 U.S. App. Lexis 297 (11th Cir. 2022)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful appeal vacating unfavorable class settlement and overly broad release,\u0026nbsp;\u003cem\u003eIn re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig.\u003c/em\u003e, 827 F.3d 223 (2d Cir. 2016)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eFrederico v. Home Depot USA, Inc.\u003c/em\u003e, 507 F.3d 188 (3d Cir. 2007)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged successful jurisdictional appeal under the Class Action Fairness Act,\u0026nbsp;\u003cem\u003eRickher v. Home Depot USA, Inc.\u003c/em\u003e, 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eManaged drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases,\u0026nbsp;\u003cem\u003eTransunion v. Ramirez\u003c/em\u003e, 141 S.Ct. 2190 (2021);\u0026nbsp;\u003cem\u003eFacebook v. Duguid\u003c/em\u003e, 141 S.Ct. 813 (2020);\u0026nbsp;\u003cem\u003eUnited States PTO v. Booking.com BV\u003c/em\u003e, 591 U.S, 549 (2020)*\u0026nbsp;\u003c/p\u003e","\u003cp\u003eInvestigations\u0026nbsp;\u003c/p\u003e","\u003cp\u003eSuccessfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cem\u003e*Representation while in-house counsel\u003c/em\u003e\u0026nbsp;\u003c/p\u003e"],"recognitions":[{"title":"Chairman-Board of Directors","detail":"Atlanta Legal Aid Society, 2020"},{"title":"Chairman-Class Actions Section","detail":"State Bar of Georgia, 2024-present "},{"title":"Chairman-Board of Directors","detail":"Georgians for Lawsuit Reform, 2023-25"},{"title":"General Counsel Pro Bono Award","detail":"The Home Depot, 2020"},{"title":"Store Support Excellence Award","detail":"The Home Depot, 2024"},{"title":"Corporate Counsel Advocacy Award","detail":"Atlanta Business Chronicle, 2016"},{"title":"Member","detail":"American Law Institute, 2025-present"},{"title":"Harold C. Warner Outstanding Adjunct Professor Award","detail":"University of Tennessee Winston College of Law, 2025"},{"title":"Litigation Counsel of America Senior Fellow","detail":"2024-present"},{"title":"Litigation Counsel of America Fellow ","detail":"2019-2023"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13228}]},"capability_group_id":3},"created_at":"2026-03-31T22:04:40.000Z","updated_at":"2026-03-31T22:04:40.000Z","searchable_text":"Barnette{{ FIELD }}{:title=\u0026gt;\"Chairman-Board of Directors\", :detail=\u0026gt;\"Atlanta Legal Aid Society, 2020\"}{{ FIELD }}{:title=\u0026gt;\"Chairman-Class Actions Section\", :detail=\u0026gt;\"State Bar of Georgia, 2024-present \"}{{ FIELD }}{:title=\u0026gt;\"Chairman-Board of Directors\", :detail=\u0026gt;\"Georgians for Lawsuit Reform, 2023-25\"}{{ FIELD }}{:title=\u0026gt;\"General Counsel Pro Bono Award\", :detail=\u0026gt;\"The Home Depot, 2020\"}{{ FIELD }}{:title=\u0026gt;\"Store Support Excellence Award\", :detail=\u0026gt;\"The Home Depot, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Corporate Counsel Advocacy Award\", :detail=\u0026gt;\"Atlanta Business Chronicle, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Member\", :detail=\u0026gt;\"American Law Institute, 2025-present\"}{{ FIELD }}{:title=\u0026gt;\"Harold C. Warner Outstanding Adjunct Professor Award\", :detail=\u0026gt;\"University of Tennessee Winston College of Law, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Litigation Counsel of America Senior Fellow\", :detail=\u0026gt;\"2024-present\"}{{ FIELD }}{:title=\u0026gt;\"Litigation Counsel of America Fellow \", :detail=\u0026gt;\"2019-2023\"}{{ FIELD }}Representing national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.){{ FIELD }}Representing national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.){{ FIELD }}Won reversal of order finding violation of federal labor law, Home Depot USA, Inc. v. NLRB, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)* {{ FIELD }}Won three ERISA class actions alleging breaches of fiduciary duty in management of 401(k) plan, Cano v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25); Pizarro v. Home Depot USA, Inc., 111 F.4th 1165 (11th Cir. 2024); Lanfear v. Home Depot USA, Inc., 679 F.3d 1267 (11th Cir. 2012)* {{ FIELD }}Successfully litigated to favorable resolution of massive data breach/privacy class actions, In re: The Home Depot Customer Data Security Breach Litig., MDL No. 2583 (N.D. Ga. 2014)* {{ FIELD }}Successfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials, In re: Chinese-Manufactured Drywall Products Liability Litig., MDL No. 2047 (E.D. La. 2012)* {{ FIELD }}Won series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber, e.g., Kitzes v. Home Depot USA, Inc., 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)* {{ FIELD }}Won series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers, e.g., Mathews v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25); Berger v. Home Depot, 741 F.3d 1061 (9th Cir. 2014); Chochorowski v. Home Depot USA, Inc., 404 S.W. 3d 220 (Mo. 2013); Rickher v. Home Depot USA, Inc., 535 F.3d 661 (7th Cir. 2008); O’Neill v. Home Depot USA, Inc., 243 F.R.D. 469 (S.D. Fla. 2006)* {{ FIELD }}Won series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services, e.g., Marino v. Home Depot USA, Inc., 245 F.R.D. 729 (S.D. Fla. 2007)* {{ FIELD }}Won series of three class actions alleging product defects in sale of dryer vents, e.g., Goldstein v. Home Depot USA, Inc., 609 F. Supp. 2d 1340 (N.D. Ga. 2009) * {{ FIELD }}Won series of three class actions challenging permitting and licensing practices, e.g., Varnes v. Home Depot USA, Inc., 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15); Willard v. Home Depot, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)* {{ FIELD }}Defense trial team member in state-wide class action seeking medical monitoring and smoking cessation, Scott v. Am. Tobacco Co., 725 So. 2d 10 (La. 4th Cir. 1998) {{ FIELD }}Won dismissal of securities fraud class action and affirmance on appeal, Mizzaro v. Home Depot, Inc., 544 F.3d 1230 (11th Cir. 2008)* {{ FIELD }}Won series of individual smoking and health jury trials, e.g., Eiser v. Brown \u0026amp; Williamson Tobacco Corp., 2005 Phila. Ct. Common Pleas Lexis 43 (2005) {{ FIELD }}Recovery {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., MDL No. 1720 (E.D. N.Y. 2010)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall, In re: Domestic Drywall Antitrust Litig., MDL No. 2437 (E.D. Pa. 2013)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board, In re: OSB Litig., No. 06-826 (E.D. Pa. 2007)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam, In re: Polyurethane Foam Antitrust Litig., MDL No. 2196 (N.D. Ohio 2010)* {{ FIELD }}Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services, In re: Puerto Rican Cabotage Antitrust Liig., MDL No. 1960 (D. P.R. 2008)* {{ FIELD }}Appeals {{ FIELD }}Drafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068{{ FIELD }}Argued jurisdictional appeal under the Class Action Fairness Act, Home Depot v. Jackson, 139 S.Ct. 1743 (2019)* {{ FIELD }}Argued and won insurance policy and assignment of rights dispute, Woodfield v. Bowman, 193 F.3d 354 (5th Cir. 1999) {{ FIELD }}Managed successful appeal vacating striking of expert testimony, Home Depot USA, Inc. v. Lafarge N. Am., Inc., 59 F.4th 55 (3d Cir. 2023)* {{ FIELD }}Managed successful appeals which twice vacated excessive class counsel fee awards, In re: Home Depot, Inc., Customer Data Sec. Breach Litig., 931 F.3d 1065 (11th Cir. 2019), on remand, 2022 U.S. App. Lexis 297 (11th Cir. 2022)* {{ FIELD }}Managed successful appeal vacating unfavorable class settlement and overly broad release, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., 827 F.3d 223 (2d Cir. 2016)* {{ FIELD }}Managed successful jurisdictional appeal under the Class Action Fairness Act, Frederico v. Home Depot USA, Inc., 507 F.3d 188 (3d Cir. 2007)* {{ FIELD }}Managed successful jurisdictional appeal under the Class Action Fairness Act, Rickher v. Home Depot USA, Inc., 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)* {{ FIELD }}Managed drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases, Transunion v. Ramirez, 141 S.Ct. 2190 (2021); Facebook v. Duguid, 141 S.Ct. 813 (2020); United States PTO v. Booking.com BV, 591 U.S, 549 (2020)* {{ FIELD }}Investigations {{ FIELD }}Successfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act {{ FIELD }}*Representation while in-house counsel {{ FIELD }}Will Barnette is a partner in the Atlanta office of King \u0026amp; Spalding, where he is a member of the firm’s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade, and winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the “v.” In particular, he has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations. \nPrior to rejoining King \u0026amp; Spalding, where he worked earlier in his career, Will served as Associate General Counsel for The Home Depot and was a member of the company’s Legal Senior Leadership Team. As leader of The Home Depot’s commercial litigation team for more than ten years, he was responsible for the company’s most significant commercial and business litigation, which frequently challenged core aspects of the company’s business. During his 21-year tenure with The Home Depot, Will led the successful defense of several hundred class actions, created and led the company’s recovery litigation program, and successfully managed multiple high-profile investigations and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups. Will has been described by a Fortune 20 GC as \"an exceptionally talented lawyer, strong leader and trusted counsel to senior level executives.\"\nA recognized thought leader in complex litigation, Will argued before the U.S. Supreme Court in the 2019 term—one of the few in-house counsel to do so. He received the Atlanta Business Chronicle’s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works, Misunderstanding Original Jurisdiction and There Is No Conservative Case for Class Actions, ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He frequently lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee Winston College of Law, where he earned the Harold C. Warner Outstanding Adjunct Professor Award in 2025. \nWill chaired the Board of Georgians for Lawsuit Reform, which was instrumental in passing Georgia’s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will played varsity college basketball at Sewanee and is a member of the American Law Institute. Partner Chairman-Board of Directors Atlanta Legal Aid Society, 2020 Chairman-Class Actions Section State Bar of Georgia, 2024-present  Chairman-Board of Directors Georgians for Lawsuit Reform, 2023-25 General Counsel Pro Bono Award The Home Depot, 2020 Store Support Excellence Award The Home Depot, 2024 Corporate Counsel Advocacy Award Atlanta Business Chronicle, 2016 Member American Law Institute, 2025-present Harold C. Warner Outstanding Adjunct Professor Award University of Tennessee Winston College of Law, 2025 Litigation Counsel of America Senior Fellow 2024-present Litigation Counsel of America Fellow  2019-2023 Sewanee: The University of the South  Loyola University New Orleans Loyola University New Orleans College of Law Supreme Court of the United States Georgia Louisiana Chairman, State Bar of Georgia, Class Actions Section, 2024-present Member, American Law Institute, 2025-present Member, Board of Directors, Georgians for Lawsuit Reform, 2017-present; Vice-Chairman, 2022-23; Chairman; 2023-25 Member, In-House Counsel Advisory Board, Emory Law Institute for Complex Litigation and Mass Claims, 2017-present Member, Lawyers Club of Atlanta, 2002-present Member, State Bar of Georgia, 2000-present Member, Louisiana State Bar Association, 1995-present Member, Executive Committee of Board of Directors of the Atlanta Legal Aid Society, 2013-2021; Secretary (2017); Treasurer (2018); Vice-President (2019); President (2020) Member, Georgia Senate Study Committee on Legal Reform, 2019-2020 Member, American Bar Association House of Delegates, 1998-2002 Law Clerk, Hon. Sol Gothard, Louisiana Representing national retailer in series of class actions alleging consumer fraud related to pricing practices, e.g., Berger v. Home Depot U.S.A., Inc., No. 24-01435 (N.D. Ga.) Representing national retailer in antitrust MDL class action alleging price-fixing related to algorithmic pricing, In re: Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.) Won reversal of order finding violation of federal labor law, Home Depot USA, Inc. v. NLRB, 2025 U.S. App. Lexis 29091 (8th Cir. 11/6/25)*  Won three ERISA class actions alleging breaches of fiduciary duty in management of 401(k) plan, Cano v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 176101 (N.D. Ga. 8/26/25); Pizarro v. Home Depot USA, Inc., 111 F.4th 1165 (11th Cir. 2024); Lanfear v. Home Depot USA, Inc., 679 F.3d 1267 (11th Cir. 2012)*  Successfully litigated to favorable resolution of massive data breach/privacy class actions, In re: The Home Depot Customer Data Security Breach Litig., MDL No. 2583 (N.D. Ga. 2014)*  Successfully litigated to favorable resolution of eight class actions alleging product defects in sale of builiding materials, In re: Chinese-Manufactured Drywall Products Liability Litig., MDL No. 2047 (E.D. La. 2012)*  Won series of eight class actions alleging product defects and consumer fraud in sale of pressure-treated lumber, e.g., Kitzes v. Home Depot USA, Inc., 374 Ill. 3d 1053 (Ill. 1st Dist. 2007)*  Won series of 20 class actions alleging consumer fraud in tool rental business and sale of damage waivers, e.g., Mathews v. Home Depot USA, Inc., 2025 U.S. Dist. Lexis 82577 (N.D. Ga. 2/14/25); Berger v. Home Depot, 741 F.3d 1061 (9th Cir. 2014); Chochorowski v. Home Depot USA, Inc., 404 S.W. 3d 220 (Mo. 2013); Rickher v. Home Depot USA, Inc., 535 F.3d 661 (7th Cir. 2008); O’Neill v. Home Depot USA, Inc., 243 F.R.D. 469 (S.D. Fla. 2006)*  Won series of four class actions challenging pricing practices and alleging consumer fraud and breach of contract in sale of flooring installation services, e.g., Marino v. Home Depot USA, Inc., 245 F.R.D. 729 (S.D. Fla. 2007)*  Won series of three class actions alleging product defects in sale of dryer vents, e.g., Goldstein v. Home Depot USA, Inc., 609 F. Supp. 2d 1340 (N.D. Ga. 2009) *  Won series of three class actions challenging permitting and licensing practices, e.g., Varnes v. Home Depot USA, Inc., 2015 U.S. Dist. Lexis 118592 (M.D. Fla. 9/4/15); Willard v. Home Depot, 2009 U.S. Dist. Lexis 113493 (N.D. Fla. 12/7/09)*  Defense trial team member in state-wide class action seeking medical monitoring and smoking cessation, Scott v. Am. Tobacco Co., 725 So. 2d 10 (La. 4th Cir. 1998)  Won dismissal of securities fraud class action and affirmance on appeal, Mizzaro v. Home Depot, Inc., 544 F.3d 1230 (11th Cir. 2008)*  Won series of individual smoking and health jury trials, e.g., Eiser v. Brown \u0026amp; Williamson Tobacco Corp., 2005 Phila. Ct. Common Pleas Lexis 43 (2005)  Recovery  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from payment card interchange fee-setting allegations, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., MDL No. 1720 (E.D. N.Y. 2010)*  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of drywall, In re: Domestic Drywall Antitrust Litig., MDL No. 2437 (E.D. Pa. 2013)*  Successfully litigated opt-out claims to favorable resolution in antitrust litigation arising from price-fixing allegations in sale of oriented strand board, In re: OSB Litig., No. 06-826 (E.D. Pa. 2007)*  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of polyurethane foam, In re: Polyurethane Foam Antitrust Litig., MDL No. 2196 (N.D. Ohio 2010)*  Successfully litigated opt-out claims to favorable resolution in multidistrict antitrust litigation arising from price-fixing allegations in sale of Puerto Rican cabotage services, In re: Puerto Rican Cabotage Antitrust Liig., MDL No. 1960 (D. P.R. 2008)*  Appeals  Drafted amicus brief on behalf of Retail Litigation Center in the U.S. Supreme Court in Monsanto Co. v. Durnell, No. 24-1068 Argued jurisdictional appeal under the Class Action Fairness Act, Home Depot v. Jackson, 139 S.Ct. 1743 (2019)*  Argued and won insurance policy and assignment of rights dispute, Woodfield v. Bowman, 193 F.3d 354 (5th Cir. 1999)  Managed successful appeal vacating striking of expert testimony, Home Depot USA, Inc. v. Lafarge N. Am., Inc., 59 F.4th 55 (3d Cir. 2023)*  Managed successful appeals which twice vacated excessive class counsel fee awards, In re: Home Depot, Inc., Customer Data Sec. Breach Litig., 931 F.3d 1065 (11th Cir. 2019), on remand, 2022 U.S. App. Lexis 297 (11th Cir. 2022)*  Managed successful appeal vacating unfavorable class settlement and overly broad release, In re: Payment Card Inter. Fee and Merchant Disc. Antitrust Litig., 827 F.3d 223 (2d Cir. 2016)*  Managed successful jurisdictional appeal under the Class Action Fairness Act, Frederico v. Home Depot USA, Inc., 507 F.3d 188 (3d Cir. 2007)*  Managed successful jurisdictional appeal under the Class Action Fairness Act, Rickher v. Home Depot USA, Inc., 2006 U.S. App. Lexis 32391 (7th Cir. 5/22/06)*  Managed drafting of amicus briefs supporting winning side in three recent significant U.S. Supreme Court cases, Transunion v. Ramirez, 141 S.Ct. 2190 (2021); Facebook v. Duguid, 141 S.Ct. 813 (2020); United States PTO v. Booking.com BV, 591 U.S, 549 (2020)*  Investigations  Successfully managed internal investigations and resolved related regulatory matters involving various federal and state laws, including whistleblower laws, privacy laws, Toxic Substances Control Act, and Lacey Act  *Representation while in-house counsel ","searchable_name":"William P. Barnette (Will)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"7.0","total_score":0,"last_name":"brigman","first_name":"james","middle_name":"matthew","nick_name":"matt","id":447452,"version":1,"owner_type":"Person","owner_id":4165,"payload":{"bio":"\u003cp\u003eMatt Brigman is a business lawyer with experience litigating complex commercial disputes in state and federal courts across the country. Matt has particular experience defending companies against consumer class actions. This includes successfully defending multiple Fortune 500 companies against class actions alleging fraud, breach of contract, and violation of state and federal consumer protection laws.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMatt has extensive expertise defending data breach class actions, having guided clients through the incident response process to defending ensuing class action lawsuits in some of the largest and most complex data breaches in the country\u0026rsquo;s history.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eIn addition to his class action work, Matt maintains a robust, traditional business litigation practice. Matt has successfully litigated numerous high-stakes business disputes on both the plaintiff and defendant side, including trying multiple cases to verdict. These cases have involved disputes over prominent real estate developments, claims of stolen intellectual property, and alleged professional malpractice. Matt is a co-author of a treatise on Georgia business litigation, and is regularly consulted for advice on litigating business tort claims under Georgia law.\u003c/p\u003e\n\u003cp\u003eBefore joining the firm, Matt was an associate with a boutique commercial litigation firm in Atlanta. Matt also served as a law clerk to the Honorable Harold L. Murphy of the United States District Court for the Northern District of Georgia.\u003c/p\u003e\n\u003cp\u003eMatt is on the board of directors of the Atlanta Chapter of the Federal Bar Association and Trees Atlanta, a local non-profit dedicated to preserving Atlanta\u0026rsquo;s urban forest.\u003c/p\u003e","slug":"james-brigman","email":"mbrigman@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented\u003cstrong\u003e Lehigh Valley Health Network\u003c/strong\u003e in class action litigation stemming from a 2023 ransomware attack.\u003c/p\u003e","\u003cp\u003eCurrently representing \u003cstrong\u003eProgressive Casualty Insurance Company (and its affiliates)\u003c/strong\u003e in nationwide class action litigation challenging Progressive's use of third-party software to value vehicles that were totaled as a result of an accident.\u003c/p\u003e","\u003cp\u003eCurrently representing \u003cstrong\u003eEquifax \u003c/strong\u003ein multiple class action lawsuits alleging violation of the Federal Credit Reporting Act (FCRA).\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eReproSource Fertility Solutions (a subsidiary of Quest Diagnostics)\u003c/strong\u003e in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in Massachusetts, Nevada, and California.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eNational Western Life Insurance Company\u003c/strong\u003e in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in California and Missouri.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eEquifax \u003c/strong\u003ein nationwide class action litigation filed against Equifax by financial institution plaintiffs stemming from its 2017 data breach. Achieved dismissal of the majority of the financial institutions' claims and subsequently resolved the case on a classwide basis.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eProgressive Casualty Insurance Company (and its affiliates)\u003c/strong\u003e in class action litigation challenging its handling of salvage vehicles. Achieved victories on summary judgment in state and federal courts in Broward County, Florida.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eBrookfield Properties\u003c/strong\u003e in litigation over access and utility rights to the Grand Canal Shoppes at the Venetian resort in Las Vegas.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eResia\u003c/strong\u003e, a Miami-based multi-family developer, in litigation over development rights to a mixed used development in Atlanta. The case settled after King \u0026amp; Spalding defeated the defendant's motion for summary judgment.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein litigation against former vendor to recover costs incurred after vendor's software led to data security incident.\u003c/p\u003e","\u003cp\u003eRepresented AmLaw 100 law firm in legal malpractice case brought by a private equity fund former client. Achieved favorable verdict after two week jury trial.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":6,"guid":"6.capabilities","index":1,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":2,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":3,"source":"smartTags"}],"is_active":true,"last_name":"Brigman","nick_name":"Matt","clerkships":[{"name":"Law Clerk, Harold L. Murphy, U.S. District Court for the Northern District of Georgia","years_held":"2013-2014"}],"first_name":"James","title_rank":9999,"updated_by":202,"law_schools":[{"id":2190,"meta":{"degree":"J.D.","honors":"magna cum laude, Order of the Coif","is_law_school":"1","graduation_date":"2013-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"Matthew","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMatt Brigman is a business lawyer with experience litigating complex commercial disputes in state and federal courts across the country. Matt has particular experience defending companies against consumer class actions. This includes successfully defending multiple Fortune 500 companies against class actions alleging fraud, breach of contract, and violation of state and federal consumer protection laws.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMatt has extensive expertise defending data breach class actions, having guided clients through the incident response process to defending ensuing class action lawsuits in some of the largest and most complex data breaches in the country\u0026rsquo;s history.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eIn addition to his class action work, Matt maintains a robust, traditional business litigation practice. Matt has successfully litigated numerous high-stakes business disputes on both the plaintiff and defendant side, including trying multiple cases to verdict. These cases have involved disputes over prominent real estate developments, claims of stolen intellectual property, and alleged professional malpractice. Matt is a co-author of a treatise on Georgia business litigation, and is regularly consulted for advice on litigating business tort claims under Georgia law.\u003c/p\u003e\n\u003cp\u003eBefore joining the firm, Matt was an associate with a boutique commercial litigation firm in Atlanta. Matt also served as a law clerk to the Honorable Harold L. Murphy of the United States District Court for the Northern District of Georgia.\u003c/p\u003e\n\u003cp\u003eMatt is on the board of directors of the Atlanta Chapter of the Federal Bar Association and Trees Atlanta, a local non-profit dedicated to preserving Atlanta\u0026rsquo;s urban forest.\u003c/p\u003e","matters":["\u003cp\u003eRepresented\u003cstrong\u003e Lehigh Valley Health Network\u003c/strong\u003e in class action litigation stemming from a 2023 ransomware attack.\u003c/p\u003e","\u003cp\u003eCurrently representing \u003cstrong\u003eProgressive Casualty Insurance Company (and its affiliates)\u003c/strong\u003e in nationwide class action litigation challenging Progressive's use of third-party software to value vehicles that were totaled as a result of an accident.\u003c/p\u003e","\u003cp\u003eCurrently representing \u003cstrong\u003eEquifax \u003c/strong\u003ein multiple class action lawsuits alleging violation of the Federal Credit Reporting Act (FCRA).\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eReproSource Fertility Solutions (a subsidiary of Quest Diagnostics)\u003c/strong\u003e in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in Massachusetts, Nevada, and California.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eNational Western Life Insurance Company\u003c/strong\u003e in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in California and Missouri.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eEquifax \u003c/strong\u003ein nationwide class action litigation filed against Equifax by financial institution plaintiffs stemming from its 2017 data breach. Achieved dismissal of the majority of the financial institutions' claims and subsequently resolved the case on a classwide basis.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eProgressive Casualty Insurance Company (and its affiliates)\u003c/strong\u003e in class action litigation challenging its handling of salvage vehicles. Achieved victories on summary judgment in state and federal courts in Broward County, Florida.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eBrookfield Properties\u003c/strong\u003e in litigation over access and utility rights to the Grand Canal Shoppes at the Venetian resort in Las Vegas.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eResia\u003c/strong\u003e, a Miami-based multi-family developer, in litigation over development rights to a mixed used development in Atlanta. The case settled after King \u0026amp; Spalding defeated the defendant's motion for summary judgment.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein litigation against former vendor to recover costs incurred after vendor's software led to data security incident.\u003c/p\u003e","\u003cp\u003eRepresented AmLaw 100 law firm in legal malpractice case brought by a private equity fund former client. Achieved favorable verdict after two week jury trial.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5919}]},"capability_group_id":3},"created_at":"2026-04-10T04:56:17.000Z","updated_at":"2026-04-10T04:56:17.000Z","searchable_text":"Brigman{{ FIELD }}Represented Lehigh Valley Health Network in class action litigation stemming from a 2023 ransomware attack.{{ FIELD }}Currently representing Progressive Casualty Insurance Company (and its affiliates) in nationwide class action litigation challenging Progressive's use of third-party software to value vehicles that were totaled as a result of an accident.{{ FIELD }}Currently representing Equifax in multiple class action lawsuits alleging violation of the Federal Credit Reporting Act (FCRA).{{ FIELD }}Represented ReproSource Fertility Solutions (a subsidiary of Quest Diagnostics) in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in Massachusetts, Nevada, and California.{{ FIELD }}Represented National Western Life Insurance Company in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in California and Missouri.{{ FIELD }}Represented Equifax in nationwide class action litigation filed against Equifax by financial institution plaintiffs stemming from its 2017 data breach. Achieved dismissal of the majority of the financial institutions' claims and subsequently resolved the case on a classwide basis.{{ FIELD }}Represented Progressive Casualty Insurance Company (and its affiliates) in class action litigation challenging its handling of salvage vehicles. Achieved victories on summary judgment in state and federal courts in Broward County, Florida.{{ FIELD }}Represented Brookfield Properties in litigation over access and utility rights to the Grand Canal Shoppes at the Venetian resort in Las Vegas.{{ FIELD }}Represented Resia, a Miami-based multi-family developer, in litigation over development rights to a mixed used development in Atlanta. The case settled after King \u0026amp; Spalding defeated the defendant's motion for summary judgment.{{ FIELD }}Represented an international airline in litigation against former vendor to recover costs incurred after vendor's software led to data security incident.{{ FIELD }}Represented AmLaw 100 law firm in legal malpractice case brought by a private equity fund former client. Achieved favorable verdict after two week jury trial.{{ FIELD }}Matt Brigman is a business lawyer with experience litigating complex commercial disputes in state and federal courts across the country. Matt has particular experience defending companies against consumer class actions. This includes successfully defending multiple Fortune 500 companies against class actions alleging fraud, breach of contract, and violation of state and federal consumer protection laws. \nMatt has extensive expertise defending data breach class actions, having guided clients through the incident response process to defending ensuing class action lawsuits in some of the largest and most complex data breaches in the country’s history. \nIn addition to his class action work, Matt maintains a robust, traditional business litigation practice. Matt has successfully litigated numerous high-stakes business disputes on both the plaintiff and defendant side, including trying multiple cases to verdict. These cases have involved disputes over prominent real estate developments, claims of stolen intellectual property, and alleged professional malpractice. Matt is a co-author of a treatise on Georgia business litigation, and is regularly consulted for advice on litigating business tort claims under Georgia law.\nBefore joining the firm, Matt was an associate with a boutique commercial litigation firm in Atlanta. Matt also served as a law clerk to the Honorable Harold L. Murphy of the United States District Court for the Northern District of Georgia.\nMatt is on the board of directors of the Atlanta Chapter of the Federal Bar Association and Trees Atlanta, a local non-profit dedicated to preserving Atlanta’s urban forest. Partner University of Georgia University of Georgia School of Law University of Georgia University of Georgia School of Law U.S. Court of Appeals for the First Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Tenth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Western District of Texas U.S. District Court for the Western District of Michigan U.S. District Court for the Eastern District of Wisconsin U.S. District Court for the District of Colorado U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Georgia Supreme Court of Georgia Atlanta Bar Association  (2014) Federal Bar Association  (2014) Law Clerk, Harold L. Murphy, U.S. District Court for the Northern District of Georgia Represented Lehigh Valley Health Network in class action litigation stemming from a 2023 ransomware attack. Currently representing Progressive Casualty Insurance Company (and its affiliates) in nationwide class action litigation challenging Progressive's use of third-party software to value vehicles that were totaled as a result of an accident. Currently representing Equifax in multiple class action lawsuits alleging violation of the Federal Credit Reporting Act (FCRA). Represented ReproSource Fertility Solutions (a subsidiary of Quest Diagnostics) in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in Massachusetts, Nevada, and California. Represented National Western Life Insurance Company in class action litigation stemming from a possible data breach. Successfully consolidated and resolved cases filed in state and federal courts in California and Missouri. Represented Equifax in nationwide class action litigation filed against Equifax by financial institution plaintiffs stemming from its 2017 data breach. Achieved dismissal of the majority of the financial institutions' claims and subsequently resolved the case on a classwide basis. Represented Progressive Casualty Insurance Company (and its affiliates) in class action litigation challenging its handling of salvage vehicles. Achieved victories on summary judgment in state and federal courts in Broward County, Florida. Represented Brookfield Properties in litigation over access and utility rights to the Grand Canal Shoppes at the Venetian resort in Las Vegas. Represented Resia, a Miami-based multi-family developer, in litigation over development rights to a mixed used development in Atlanta. The case settled after King \u0026amp; Spalding defeated the defendant's motion for summary judgment. Represented an international airline in litigation against former vendor to recover costs incurred after vendor's software led to data security incident. Represented AmLaw 100 law firm in legal malpractice case brought by a private equity fund former client. Achieved favorable verdict after two week jury trial.","searchable_name":"James Matthew Brigman (Matt)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"6.0","total_score":0,"last_name":"butterfield","first_name":"randall","middle_name":"j.","nick_name":"randy","id":448874,"version":1,"owner_type":"Person","owner_id":1005,"payload":{"bio":"\u003cp\u003eRandy Butterfield helps lead the firm\u0026rsquo;s Atlanta Environmental, Health and Safety Practice Group, where he concentrates his practice on environmental and toxic tort litigation as well as\u0026nbsp;emergency incident response. Randy's practice focuses in particular on assisting clients in the wake of catastrophic emergency incidents, such as explosions, fires, industrial accidents, chemical releases, spills, and other environmental and industrial calamities. In that capacity, Randy is frequently called upon in the immediate aftermath of these emergencies to provide time-critical crisis management addressing a wide range of pressing concerns, including forensic investigation; workplace safety; site security and evidence preservation; regulatory disclosures, investigation, and potential enforcement; environmental remediation; internal investigations; and insurance coverage. Recent incidents on which Randy has helped lead the response have involved over $2 billion in property damages, business losses, and insurance claims; significant personal injury lawsuits; as well as enforcement actions from federal and state regulators.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eIn addition, Randy has handled numerous mass joinder and class action cases involving personal injury and property damage claims, both at the trial and appellate levels. Randy has played a particularly significant role in preparing and defending the defense experts\u0026mdash;as well as deposing and critiquing plaintiffs\u0026rsquo; experts\u0026mdash;on a wide variety of technical topics, such as air and groundwater modeling, emission inventories, dose reconstruction, geostatistics, human health risk assessment, toxicology, epidemiology,\u0026nbsp;fate and transport,\u0026nbsp;remediation,\u0026nbsp;property valuation, and damage assessments. Over his career, Randy\u0026rsquo;s litigation matters have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims.\u003c/p\u003e\n\u003cp\u003eRandy has published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context. He has also co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association as well as a chapter on administrative appeals published by LexisNexis. Randy served on the Environmental and Toxic Tort Section of the Atlanta Bar Association, including as Board Chair in 2018. Randy also served on\u0026nbsp;\u003cem\u003eLaw360\u003c/em\u003e\u0026rsquo;s Environmental Editorial Advisory Board from 2021-2022.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eBooks, Articles \u0026amp; Presentations\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u0026bull; LexisNexis Practice Guide:\u0026nbsp;\u003cem\u003eGeorgia Environmental Law\u003c/em\u003e, 2022 ed.\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, moderator, Roundtable with Georgia Office of State Administrative Hearing Judges\u0026nbsp;\u0026amp; Litigants, Atlanta Bar Association, Toxic Tort and Environmental Law CLE, Feb. 1, 2018\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield \u0026amp; Stephen A. McCullers,\u0026nbsp;\u003cem\u003eRaising the Class Action Certification Bar in Georgia:\u0026nbsp;\u003c/em\u003eGeorgia-Pacific Consumer Products, LP v. Ratner, Perspectives on Georgia\u0026rsquo;s Environment (State Bar of\u0026nbsp;Georgia), Spring 2015, at 6-9\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eRecent \u0026amp; Recurring Issues in Toxic Tort Cases\u003c/em\u003e, State Bar of Georgia, Toxic Tort\u0026nbsp;Litigation CLE, Mar. 2014\u003c/p\u003e\n\u003cp\u003e\u0026bull; J Kevin Buster \u0026amp; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eCommon Defenses in Toxic Tort Litigation\u003c/em\u003e\u0026nbsp;(book chapter) (ABA\u0026nbsp;2d ed. 2013)\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, Note,\u0026nbsp;\u003cem\u003eRecovering Environmental Cleanup Costs Under the Resource Conservation\u0026nbsp;and Recovery Act: A Potential Solution to a Persistent Problem\u003c/em\u003e, 49 Vand. L. Rev. 689 (1997)\u003c/p\u003e","slug":"randall-butterfield","email":"rbutterfield@kslaw.com","phone":null,"matters":["\u003cp\u003eA midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery.\u003c/p\u003e","\u003cp\u003eOne of the world\u0026rsquo;s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases.\u003c/p\u003e","\u003cp\u003eAn LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio.\u003c/p\u003e","\u003cp\u003eAn international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).\u003c/p\u003e","\u003cp\u003eThe country\u0026rsquo;s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim.\u003c/p\u003e","\u003cp\u003eA worldwide mining and petroleum company as standby incident response counsel.\u003c/p\u003e","\u003cp\u003eAn engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA\u0026rsquo;s resulting investigation and implementing a nationwide safety audit.\u003c/p\u003e","\u003cp\u003eA carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation.\u003c/p\u003e","\u003cp\u003eA water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records.\u003c/p\u003e","\u003cp\u003eOne of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion.\u003c/p\u003e","\u003cp\u003eA chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors.\u003c/p\u003e","\u003cp\u003eA chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality.\u003c/p\u003e","\u003cp\u003eA medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado.\u003c/p\u003e","\u003cp\u003eA world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru.\u003c/p\u003e","\u003cp\u003eSuccessfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA\u0026rsquo;s Lead Renovation, Repair and Painting (\u0026ldquo;RRP\u0026rdquo;) Rule under the Toxic Substances Control Act (\u0026ldquo;TSCA\u0026rdquo;).\u003c/p\u003e","\u003cp\u003eA large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims.\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC\u003c/em\u003e, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019).\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier, Inc.\u003c/em\u003e, No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).\u003c/p\u003e","\u003cp\u003eSea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper v. U.S. Army Corps of Eng\u0026rsquo;rs\u003c/em\u003e, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020).\u003c/p\u003e","\u003cp\u003eA large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.\u003c/p\u003e","\u003cp\u003eA carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.\u003c/p\u003e","\u003cp\u003eDefense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements.\u003c/p\u003e","\u003cp\u003eThe City of Atlanta and other local governments in the tri-state \u0026ldquo;water wars\u0026rdquo; litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida\u0026rsquo;s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in the appeal of a $27 million jury verdict in a \u0026ldquo;dram shop\u0026rdquo; case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company\u0026rsquo;s former chlor-alkali plant.\u003c/p\u003e","\u003cp\u003eMore than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":71,"guid":"71.capabilities","index":0,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":1,"source":"capabilities"},{"id":1015,"guid":"1015.smart_tags","index":2,"source":"smartTags"},{"id":111,"guid":"111.capabilities","index":3,"source":"capabilities"},{"id":1236,"guid":"1236.smart_tags","index":4,"source":"smartTags"},{"id":1168,"guid":"1168.smart_tags","index":5,"source":"smartTags"},{"id":102,"guid":"102.capabilities","index":6,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":7,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":8,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":9,"source":"smartTags"},{"id":11,"guid":"11.capabilities","index":10,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":11,"source":"capabilities"}],"is_active":true,"last_name":"Butterfield","nick_name":"Randy","clerkships":[{"name":"Law Clerk, Chief Judge Robert L. Echols, U.S. District Court for the Middle District of Tennessee","years_held":"1997 - 1999"}],"first_name":"Randall","title_rank":9999,"updated_by":34,"law_schools":[],"middle_name":"J.","name_suffix":"","recognitions":[{"title":"Law360 Selects Nine from King \u0026 Spalding to Serve on 2021 Editorial Advisory Boards","detail":"Law 360, April 2021"}],"linked_in_url":"https://www.linkedin.com/in/randy-butterfield-237ab87/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eRandy Butterfield helps lead the firm\u0026rsquo;s Atlanta Environmental, Health and Safety Practice Group, where he concentrates his practice on environmental and toxic tort litigation as well as\u0026nbsp;emergency incident response. Randy's practice focuses in particular on assisting clients in the wake of catastrophic emergency incidents, such as explosions, fires, industrial accidents, chemical releases, spills, and other environmental and industrial calamities. In that capacity, Randy is frequently called upon in the immediate aftermath of these emergencies to provide time-critical crisis management addressing a wide range of pressing concerns, including forensic investigation; workplace safety; site security and evidence preservation; regulatory disclosures, investigation, and potential enforcement; environmental remediation; internal investigations; and insurance coverage. Recent incidents on which Randy has helped lead the response have involved over $2 billion in property damages, business losses, and insurance claims; significant personal injury lawsuits; as well as enforcement actions from federal and state regulators.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eIn addition, Randy has handled numerous mass joinder and class action cases involving personal injury and property damage claims, both at the trial and appellate levels. Randy has played a particularly significant role in preparing and defending the defense experts\u0026mdash;as well as deposing and critiquing plaintiffs\u0026rsquo; experts\u0026mdash;on a wide variety of technical topics, such as air and groundwater modeling, emission inventories, dose reconstruction, geostatistics, human health risk assessment, toxicology, epidemiology,\u0026nbsp;fate and transport,\u0026nbsp;remediation,\u0026nbsp;property valuation, and damage assessments. Over his career, Randy\u0026rsquo;s litigation matters have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims.\u003c/p\u003e\n\u003cp\u003eRandy has published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context. He has also co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association as well as a chapter on administrative appeals published by LexisNexis. Randy served on the Environmental and Toxic Tort Section of the Atlanta Bar Association, including as Board Chair in 2018. Randy also served on\u0026nbsp;\u003cem\u003eLaw360\u003c/em\u003e\u0026rsquo;s Environmental Editorial Advisory Board from 2021-2022.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eBooks, Articles \u0026amp; Presentations\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u0026bull; LexisNexis Practice Guide:\u0026nbsp;\u003cem\u003eGeorgia Environmental Law\u003c/em\u003e, 2022 ed.\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, moderator, Roundtable with Georgia Office of State Administrative Hearing Judges\u0026nbsp;\u0026amp; Litigants, Atlanta Bar Association, Toxic Tort and Environmental Law CLE, Feb. 1, 2018\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield \u0026amp; Stephen A. McCullers,\u0026nbsp;\u003cem\u003eRaising the Class Action Certification Bar in Georgia:\u0026nbsp;\u003c/em\u003eGeorgia-Pacific Consumer Products, LP v. Ratner, Perspectives on Georgia\u0026rsquo;s Environment (State Bar of\u0026nbsp;Georgia), Spring 2015, at 6-9\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eRecent \u0026amp; Recurring Issues in Toxic Tort Cases\u003c/em\u003e, State Bar of Georgia, Toxic Tort\u0026nbsp;Litigation CLE, Mar. 2014\u003c/p\u003e\n\u003cp\u003e\u0026bull; J Kevin Buster \u0026amp; Randy J. Butterfield,\u0026nbsp;\u003cem\u003eCommon Defenses in Toxic Tort Litigation\u003c/em\u003e\u0026nbsp;(book chapter) (ABA\u0026nbsp;2d ed. 2013)\u003c/p\u003e\n\u003cp\u003e\u0026bull; Randy J. Butterfield, Note,\u0026nbsp;\u003cem\u003eRecovering Environmental Cleanup Costs Under the Resource Conservation\u0026nbsp;and Recovery Act: A Potential Solution to a Persistent Problem\u003c/em\u003e, 49 Vand. L. Rev. 689 (1997)\u003c/p\u003e","matters":["\u003cp\u003eA midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery.\u003c/p\u003e","\u003cp\u003eOne of the world\u0026rsquo;s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases.\u003c/p\u003e","\u003cp\u003eAn LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio.\u003c/p\u003e","\u003cp\u003eAn international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).\u003c/p\u003e","\u003cp\u003eThe country\u0026rsquo;s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim.\u003c/p\u003e","\u003cp\u003eA worldwide mining and petroleum company as standby incident response counsel.\u003c/p\u003e","\u003cp\u003eAn engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA\u0026rsquo;s resulting investigation and implementing a nationwide safety audit.\u003c/p\u003e","\u003cp\u003eA carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation.\u003c/p\u003e","\u003cp\u003eA water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records.\u003c/p\u003e","\u003cp\u003eOne of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion.\u003c/p\u003e","\u003cp\u003eA chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors.\u003c/p\u003e","\u003cp\u003eA chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality.\u003c/p\u003e","\u003cp\u003eA medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado.\u003c/p\u003e","\u003cp\u003eA world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru.\u003c/p\u003e","\u003cp\u003eSuccessfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA\u0026rsquo;s Lead Renovation, Repair and Painting (\u0026ldquo;RRP\u0026rdquo;) Rule under the Toxic Substances Control Act (\u0026ldquo;TSCA\u0026rdquo;).\u003c/p\u003e","\u003cp\u003eA large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims.\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC\u003c/em\u003e, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019).\u003c/p\u003e","\u003cp\u003eRayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper, Inc. v. Rayonier, Inc.\u003c/em\u003e, No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).\u003c/p\u003e","\u003cp\u003eSea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits.\u0026nbsp;\u003cem\u003eAltamaha Riverkeeper v. U.S. Army Corps of Eng\u0026rsquo;rs\u003c/em\u003e, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020).\u003c/p\u003e","\u003cp\u003eA large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.\u003c/p\u003e","\u003cp\u003eA carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.\u003c/p\u003e","\u003cp\u003eDefense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements.\u003c/p\u003e","\u003cp\u003eThe City of Atlanta and other local governments in the tri-state \u0026ldquo;water wars\u0026rdquo; litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida\u0026rsquo;s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.\u003c/p\u003e","\u003cp\u003eA Fortune 50 energy company in the appeal of a $27 million jury verdict in a \u0026ldquo;dram shop\u0026rdquo; case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company.\u003c/p\u003e","\u003cp\u003eA chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company\u0026rsquo;s former chlor-alkali plant.\u003c/p\u003e","\u003cp\u003eMore than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.\u003c/p\u003e"],"recognitions":[{"title":"Law360 Selects Nine from King \u0026 Spalding to Serve on 2021 Editorial Advisory Boards","detail":"Law 360, April 2021"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":757}]},"capability_group_id":2},"created_at":"2026-05-28T22:09:07.000Z","updated_at":"2026-05-28T22:09:07.000Z","searchable_text":"Butterfield{{ FIELD }}{:title=\u0026gt;\"Law360 Selects Nine from King \u0026amp; Spalding to Serve on 2021 Editorial Advisory Boards\", :detail=\u0026gt;\"Law 360, April 2021\"}{{ FIELD }}A midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery.{{ FIELD }}One of the world’s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases.{{ FIELD }}An LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns.{{ FIELD }}A Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio.{{ FIELD }}An international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).{{ FIELD }}The country’s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim.{{ FIELD }}A worldwide mining and petroleum company as standby incident response counsel.{{ FIELD }}An engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA’s resulting investigation and implementing a nationwide safety audit.{{ FIELD }}A carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation.{{ FIELD }}A water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records.{{ FIELD }}One of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion.{{ FIELD }}A chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors.{{ FIELD }}A chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality.{{ FIELD }}A medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado.{{ FIELD }}A world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru.{{ FIELD }}Successfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA’s Lead Renovation, Repair and Painting (“RRP”) Rule under the Toxic Substances Control Act (“TSCA”).{{ FIELD }}A large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims.{{ FIELD }}Rayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit. Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019).{{ FIELD }}Rayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts. Altamaha Riverkeeper, Inc. v. Rayonier, Inc., No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).{{ FIELD }}Sea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits. Altamaha Riverkeeper v. U.S. Army Corps of Eng’rs, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020).{{ FIELD }}A large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.{{ FIELD }}A carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.{{ FIELD }}Defense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements.{{ FIELD }}The City of Atlanta and other local governments in the tri-state “water wars” litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida’s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.{{ FIELD }}A chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.{{ FIELD }}A Fortune 50 energy company in the appeal of a $27 million jury verdict in a “dram shop” case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company.{{ FIELD }}A chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company’s former chlor-alkali plant.{{ FIELD }}More than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.{{ FIELD }}Randy Butterfield helps lead the firm’s Atlanta Environmental, Health and Safety Practice Group, where he concentrates his practice on environmental and toxic tort litigation as well as emergency incident response. Randy's practice focuses in particular on assisting clients in the wake of catastrophic emergency incidents, such as explosions, fires, industrial accidents, chemical releases, spills, and other environmental and industrial calamities. In that capacity, Randy is frequently called upon in the immediate aftermath of these emergencies to provide time-critical crisis management addressing a wide range of pressing concerns, including forensic investigation; workplace safety; site security and evidence preservation; regulatory disclosures, investigation, and potential enforcement; environmental remediation; internal investigations; and insurance coverage. Recent incidents on which Randy has helped lead the response have involved over $2 billion in property damages, business losses, and insurance claims; significant personal injury lawsuits; as well as enforcement actions from federal and state regulators.\nIn addition, Randy has handled numerous mass joinder and class action cases involving personal injury and property damage claims, both at the trial and appellate levels. Randy has played a particularly significant role in preparing and defending the defense experts—as well as deposing and critiquing plaintiffs’ experts—on a wide variety of technical topics, such as air and groundwater modeling, emission inventories, dose reconstruction, geostatistics, human health risk assessment, toxicology, epidemiology, fate and transport, remediation, property valuation, and damage assessments. Over his career, Randy’s litigation matters have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims.\nRandy has published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context. He has also co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association as well as a chapter on administrative appeals published by LexisNexis. Randy served on the Environmental and Toxic Tort Section of the Atlanta Bar Association, including as Board Chair in 2018. Randy also served on Law360’s Environmental Editorial Advisory Board from 2021-2022.\nBooks, Articles \u0026amp; Presentations\n• LexisNexis Practice Guide: Georgia Environmental Law, 2022 ed.\n• Randy J. Butterfield, moderator, Roundtable with Georgia Office of State Administrative Hearing Judges \u0026amp; Litigants, Atlanta Bar Association, Toxic Tort and Environmental Law CLE, Feb. 1, 2018\n• Randy J. Butterfield \u0026amp; Stephen A. McCullers, Raising the Class Action Certification Bar in Georgia: Georgia-Pacific Consumer Products, LP v. Ratner, Perspectives on Georgia’s Environment (State Bar of Georgia), Spring 2015, at 6-9\n• Randy J. Butterfield, Recent \u0026amp; Recurring Issues in Toxic Tort Cases, State Bar of Georgia, Toxic Tort Litigation CLE, Mar. 2014\n• J Kevin Buster \u0026amp; Randy J. Butterfield, Common Defenses in Toxic Tort Litigation (book chapter) (ABA 2d ed. 2013)\n• Randy J. Butterfield, Note, Recovering Environmental Cleanup Costs Under the Resource Conservation and Recovery Act: A Potential Solution to a Persistent Problem, 49 Vand. L. Rev. 689 (1997) Partner Law360 Selects Nine from King \u0026amp; Spalding to Serve on 2021 Editorial Advisory Boards Law 360, April 2021 Arizona State University Sandra Day O'Connor College of Law Vanderbilt University Vanderbilt University School of Law U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Georgia Georgia Texas Court of Appeals of Georgia Supreme Court of Georgia State Bar of Georgia, Environmental Law Section Atlanta Bar Association, Environmental and Toxic Tort Section (past President) American Bar Association, Section on Natural Resources, Energy and Environmental Law Defense Research Institute (DRI) Law Clerk, Chief Judge Robert L. Echols, U.S. District Court for the Middle District of Tennessee A midstream energy company in connection with investigations by Federal and State environmental agencies as well as the Occupational Safety and Health Administration (OSHA) into an explosion and fire at a natural gas processing facility resulting in catastrophic loss. Oversaw root cause investigation, coordinated responses to agency inquiries, and provided advice and counsel in connection with successful insurance recovery. One of the world’s largest producers of methanol from natural gas as standby incident response counsel, including in connection with environmental investigations into spills and releases. An LNG facility in connection with government investigations by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Chemical Safety and Hazard Investigation Board (CSB) arising out of an explosion that resulted in operational shutdown and extensive damage to piping and other equipment and in connection with insurance coverage concerns. A Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio. An international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others OSHA; State and Federal environmental agencies; the CSB; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The country’s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by the U.S. Environmental Protection Agency, OSHA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim. A worldwide mining and petroleum company as standby incident response counsel. An engineering and construction company in connection with a trench collapse resulting in a fatality, including responding to OSHA’s resulting investigation and implementing a nationwide safety audit. A carbon capture company in connection with building collapse resulting in extensive damages to multiple rail cars. Led root cause investigation. A water and wastewater treatment provider in connection with a civil and criminal investigation into wastewater treatment plant compliance involving allegations of falsification of records. One of the largest specialty pulp and paper manufacturers in the United States in connection with investigations by EPA, OSHA, and various state and local agencies arising out of a catastrophic explosion. A chemical facility following release of trichlorosilane during line break that resulted in serious injuries to contractors. A chemical facility in connection with explosion caused by the failure of an expansion joint, resulting in numerous injuries and one fatality. A medical sterilization company in pending litigation involving air emissions of ethylene oxide (EtO) from its facility in Colorado. A world-leading manufacturer to defend the claims of 3,000 plaintiffs stemming from air emissions of lead, arsenic, and other substances from a polymetallic smelter in Peru. Successfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA’s Lead Renovation, Repair and Painting (“RRP”) Rule under the Toxic Substances Control Act (“TSCA”). A large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims. Rayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit. Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019). Rayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts. Altamaha Riverkeeper, Inc. v. Rayonier, Inc., No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015). Sea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits. Altamaha Riverkeeper v. U.S. Army Corps of Eng’rs, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020). A large electric utility company in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country. Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims. A carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims. Defense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama. Cases ultimately resolved in nuisance value settlements. The City of Atlanta and other local governments in the tri-state “water wars” litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida’s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species. A chemical manufacturer against claims related to the contamination of a former fertilizer manufacturing facility. Following extensive fact and expert discovery, the district court granted summary judgment in favor of the company on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit. A Fortune 50 energy company in the appeal of a $27 million jury verdict in a “dram shop” case asserting agency liability based upon the use of brand standards for independent service stations. The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of the company. A chemical manufacturer in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from the company’s former chlor-alkali plant. More than a dozen manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who alleged personal injury due to inhalation of manganese particles produced by the welding process.","searchable_name":"Randall J. Butterfield (Randy)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"5.0","total_score":0,"last_name":"bayman","first_name":"andrew","middle_name":"t.","nick_name":"andy","id":446413,"version":1,"owner_type":"Person","owner_id":826,"payload":{"bio":"\u003cp\u003eAndy Bayman is a trial lawyer who represents pharmaceutical companies, medical device manufacturers, retailers, automotive manufacturers and other major companies in complex and novel product liability,\u0026nbsp;toxic tort, and other tort\u0026nbsp;cases. He has tried over 20 cases in state and federal courts, many of which are first of kind such as the first pharmaceutical products liability lawsuit ever tried under the theory of \u0026ldquo;Innovator Liability,\u0026rdquo; the first MDL bellwether trial involving an atypical femur fracture allegedly caused by Merck\u0026rsquo;s osteoporosis medicine, Fosamax\u0026reg; and, more recently, the first Zantac case to go to trial.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAndy is often called upon as coordinating and lead counsel on some of the most brand-threatening, high-profile crisis matters for major manufacturers, many of which are in MDLs.\u0026nbsp; He is lead counsel for Boehringer Ingelheim Pharmaceuticals, Inc. and one of four Defense Co-Leads in personal injury and class actions in the \u003cem\u003eIn Re Zantac \u003c/em\u003eMDL in the United States District Court for the Southern District of Florida and in coordinated state court proceedings in various states.\u003c/p\u003e\n\u003cp\u003eAndy successfully tried the first Zantac case to a defense verdict in Cook County, IL. The plaintiff claimed that ingestion of Zantac for heartburn caused her colon cancer and asked the jury to award $640 million.\u0026nbsp; \u003cem\u003eThe American Lawyer\u003c/em\u003e recognized Andy as a \u0026ldquo;Litigator of the Week\u0026rdquo; for that victory.\u0026nbsp; In his second Zantac trial in Cook County, the jury deadlocked 11-1 in Andy\u0026rsquo;s client\u0026rsquo;s favor. In his third Zantac trial (involving the retrial of two plaintiffs whose cases had previously mistried), Andy and his team won a complete defense verdict in less than 90 minutes.\u0026nbsp;\u0026nbsp;He and his team also won two subsequent Zantac trials in Cook County.\u0026nbsp; Cook County continues to be ranked in the American Tort Reform Association\u0026rsquo;s list of most difficult jurisdictions for corporate defendants and has been labelled \u0026ldquo;Gound Zero for Nuclear Verdicts in the State.\u0026rdquo;\u003c/p\u003e\n\u003cp\u003eHe led a King \u0026amp; Spalding team that successfully argued, alongside co-defendants\u0026rsquo; counsel, that the plaintiffs\u0026rsquo; general causation experts in the Zantac MDL should be excluded under FRE 702.\u0026nbsp; At the Daubert hearing, Andy argued, among other things, that the plaintiffs\u0026rsquo; testing expert used unreliable and unvalidated methodologies with a lack of documentation on how experiments were conducted, and that the expert offered to opine on the testing did not perform any of the analyses or assess their reliability himself but rather parroted the results given to him.\u0026nbsp; After excluding the plaintiffs\u0026rsquo; experts in a 340+ page Order, the MDL Court entered summary judgment for the defendants, dismissing thousands of cases and claims and effectively terminating the MDL before any case-specific discovery had begun. The Zantac Daubert win is considered as by far the largest in scale and magnitude of any MDL Daubert win.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAndy has frequently been recognized for his leading practice including by being named as a Product Liability MVP by \u003cem\u003eLaw360 \u003c/em\u003eand in Chambers Nationwide and Legal 500. He is notably a fellow of the Litigation Counsel of America, an honorary society limited to less than .05% of U.S. lawyers.\u003c/p\u003e\n\u003cp\u003eIn addition to his client work, Andy also is the Co-Chair of the firm\u0026rsquo;s new Product Liability and Mass Tort Practice Group.\u0026nbsp; He served for five years as the\u0026nbsp;Practice Group Leader of King \u0026amp; Spalding\u0026rsquo;s former Trial \u0026amp; Global Disputes practice group, a diverse group of over 550 litigators in 22 offices globally.\u003c/p\u003e","slug":"andrew-bayman","email":"abayman@kslaw.com","phone":null,"matters":["\u003cp\u003eActing as lead counsel for Boehringer Ingelheim Pharmaceuticals, Inc. and as one of four Defense Co-Leads in personal injury and class actions in the\u0026nbsp;\u003cem\u003eIn Re Zantac\u003c/em\u003e\u0026nbsp;MDL with more than 100,000 claimants in the United States District Court for the Southern District of Florida, as well as in various state courts and States Attorneys General actions.\u003c/p\u003e","\u003cp\u003eActing as co-lead counsel for The Renco Group, Inc. and Doe Run Resources Corp. in connection with thousands of lawsuits pending in the E.D. Missouri (St. Louis) filed on behalf of Peruvian children allegedly injured from exposure to lead and other contaminants at a metallurgical facility in La Oroya, Peru.\u003c/p\u003e","\u003cp\u003eActing as lead counsel for ride share company in defending against claims of driver assault.\u003c/p\u003e","\u003cp\u003eSuccessfully represented 3M in defeating two Combat Arms Earplugs plaintiffs\u0026rsquo; lawsuit to enjoin 3M from issuing dividends and spinning off its healthcare business.\u003c/p\u003e","\u003cp\u003eRepresented pharmaceutical giant GlaxoSmithKline (\u0026ldquo;GSK\u0026rdquo;) in the first lawsuit ever tried under a theory of \u0026ldquo;Innovator Liability\u0026rdquo; in which the plaintiff alleged that GSK was liable for the suicide of her late husband, the Chair of a global law firm\u0026rsquo;s Corporate and Securities practice following his ingestion of a generic version of GSK\u0026rsquo;s antidepressant Paxil\u0026reg;. The lawsuit alleged that the company had been negligent in its failure to warn of an increased risk of suicidal behavior in adult patients over the age of twenty-four. The United States District Court for the Northern District of Illinois denied GSK\u0026rsquo;s motion for summary judgment and the case proceeded to trial with the plaintiff seeking to hold GSK liable for injuries stemming from the ingestion of a product it did not manufacture. The case was the subject of extensive media coverage. After a five-week jury trial of which three days were spent deliberating, the jury came back with a verdict for the plaintiff in the amount of $3 million. This award was significantly less than the $39 million in damages that the plaintiff requested and less than the $14 million in economic losses that was put in front of the jury. The Seventh Circuit reversed the verdict and rendered judgment in GSK\u0026rsquo;s favor on federal preemption grounds in August 2018.\u003c/p\u003e","\u003cp\u003eObtained a complete defense verdict for Merck in the first bellwether trial in an MDL in the U.S. District Court for the District of New Jersey (\u003cem\u003eGlynn v. Merck)\u003c/em\u003e, in a case alleging that Merck\u0026rsquo;s osteoporosis drug Fosamax\u0026reg; caused the plaintiff\u0026rsquo;s atypical femur fracture. Following that trial, Judge Joel Pisano entered an Order to Show Cause dismissing Glynn and hundreds of other Fosamax\u0026reg; atypical femur fracture cases in the MDL on federal preemption grounds. Merck ultimately prevailed on preemption in that case in the United States Supreme Court.\u0026nbsp;\u003cem\u003eMerck v. Albrecht\u003c/em\u003e, 139 S.Ct. 1668 (2019).\u003c/p\u003e","\u003cp\u003eServes as lead, national coordinating counsel and trial counsel in product liability litigation involving allegations that\u0026nbsp;\u003cstrong\u003eGSK\u0026rsquo;s\u0026nbsp;\u003c/strong\u003eantidepressant, Paxil\u0026reg;, causes birth defects. In this role, which has spanned more than a decade and involves emotionally charged cases that are brand and business threatening, Andy and the King \u0026amp; Spalding team have defeated certification of both state and national classes of Paxil\u0026reg; consumers on consumer fraud, medical monitoring and personal injury allegations.\u003c/p\u003e","\u003cp\u003eActed as trial counsel for an international medical device company in female pelvic mesh litigation.\u003c/p\u003e","\u003cp\u003eActing as lead counsel for a Fortune 50 company in an MDL pending in the Northern District of California alleging that it marketed and sold purportedly defective JUUL e\u0026shy; cigarette products, including to minors.\u003c/p\u003e","\u003cp\u003eAchieved a motion to dismiss from the U.S. District Court of South Carolina as lead counsel for\u0026nbsp;\u003cstrong\u003eAllergan\u0026nbsp;\u003c/strong\u003ein a case alleging lip lesions and Lyme-disease-like symptoms after receiving injections with Allergan\u0026rsquo;s product Juviderm\u0026reg;, a Class III medical device.\u003c/p\u003e","\u003cp\u003eActed as Lead trial counsel or second chair trial counsel in 16 automotive product liability cases and in a dealership termination trial in the federal and state courts in New York, New Jersey, Georgia, Mississippi and Alabama.\u003c/p\u003e","\u003cp\u003eServed as national coordinating counsel for\u0026nbsp;\u003cstrong\u003ea large consumer healthcare product manufacturer\u0026nbsp;\u003c/strong\u003eand has supervised a national document collection and company-wide interviews for that client.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ea major medical device manufacturer\u0026nbsp;\u003c/strong\u003eas national coordinating counsel and lead trial counsel in product liability class actions and individual lawsuits involving a recalled medical device in which death or serious injury was alleged.\u003c/p\u003e","\u003cp\u003eAchieved a defense verdict for\u0026nbsp;\u003cstrong\u003eNissan\u0026nbsp;\u003c/strong\u003eas trial counsel in the first-ever case tried involving an alleged defect in a motorized seatbelt system\u0026nbsp;\u003cem\u003e(Smith-Green v. Nissan).\u003c/em\u003e\u003c/p\u003e","\u003cp\u003eServed as national trial counsel for\u0026nbsp;\u003cstrong\u003eQuest Diagnostics Incorporated,\u0026nbsp;\u003c/strong\u003ethe country\u0026rsquo;s largest private clinical laboratory company, in lawsuits arising out of the interpretation of laboratory specimens.\u003c/p\u003e","\u003cp\u003eActed as lead trial counsel in cases in Missouri and Ohio in which it was alleged that a misread Pap smear led to a delay in the diagnosis of cervical cancer and caused wrongful death or the loss of fertility.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":131}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":3,"source":"capabilities"},{"id":761,"guid":"761.smart_tags","index":4,"source":"smartTags"},{"id":17,"guid":"17.capabilities","index":5,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":6,"source":"capabilities"},{"id":970,"guid":"970.smart_tags","index":7,"source":"smartTags"},{"id":112,"guid":"112.capabilities","index":8,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":9,"source":"smartTags"},{"id":1223,"guid":"1223.smart_tags","index":10,"source":"smartTags"},{"id":1256,"guid":"1256.smart_tags","index":11,"source":"smartTags"},{"id":750,"guid":"750.smart_tags","index":12,"source":"smartTags"}],"is_active":true,"last_name":"Bayman","nick_name":"Andy","clerkships":[],"first_name":"Andrew","title_rank":9999,"updated_by":202,"law_schools":[{"id":2442,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"1989-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"T.","name_suffix":"","recognitions":[{"title":"Named Distinguished Leader","detail":"DAILY REPORT’S SOUTHEASTERN LEGAL AWARDS, 2024"},{"title":"Named Litigator of the Week","detail":"THE AMERICAN LAWYER, MAY 2024"},{"title":"“Highly Reputable, Skilled and a Phenomenal Counselor”","detail":"CHAMBERS USA"},{"title":"Named National Practice Area Star for Health Care and Mass Tort; Local Litigation Star.","detail":"Benchmark, 2019"},{"title":"Named a 2017 Product Liability MVP","detail":"Law360"},{"title":"Named Atlanta Product Liability Litigation-Defendants “Lawyer of the Year”","detail":"Best Lawyers, 2015"},{"title":"Ranked in Product Liability and Mass Torts (Nationwide)","detail":"Chambers USA"},{"title":"Representing “major pharmaceutical companies on their most significant product liability cases.” ","detail":"CHAMBER USA"},{"title":"Representing \"market-leading MDLs in the life sciences sector.\" ","detail":"CHAMBERS USA"},{"title":"“Accessible, responsive and will move heaven and earth to accommodate the client’s needs.”","detail":"Chambers USA"},{"title":"Ranked as a top defense lawyer in the nation","detail":"Super Lawyers Corporate Counsel, 2009–2022"},{"title":"Selected as a Georgia “Super Lawyer”","detail":"Law \u0026 Politics and Atlanta magazine, 2006–2022"},{"title":"Recognized as having “substantial lead trial expertise” ","detail":"Legal 500"},{"title":"An “excellent lawyer” who “gets results at a great value in automotive and pharmaceutical products litigation.” ","detail":"Legal 500"},{"title":"Elected Fellow of the Litigation Counsel of America, an honorary society limited to less than .05% of U.S. lawyers","detail":"Litigation Counsel of America, 2014"},{"title":"Named by The Best Lawyers in America","detail":"2006–2022"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAndy Bayman is a trial lawyer who represents pharmaceutical companies, medical device manufacturers, retailers, automotive manufacturers and other major companies in complex and novel product liability,\u0026nbsp;toxic tort, and other tort\u0026nbsp;cases. He has tried over 20 cases in state and federal courts, many of which are first of kind such as the first pharmaceutical products liability lawsuit ever tried under the theory of \u0026ldquo;Innovator Liability,\u0026rdquo; the first MDL bellwether trial involving an atypical femur fracture allegedly caused by Merck\u0026rsquo;s osteoporosis medicine, Fosamax\u0026reg; and, more recently, the first Zantac case to go to trial.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAndy is often called upon as coordinating and lead counsel on some of the most brand-threatening, high-profile crisis matters for major manufacturers, many of which are in MDLs.\u0026nbsp; He is lead counsel for Boehringer Ingelheim Pharmaceuticals, Inc. and one of four Defense Co-Leads in personal injury and class actions in the \u003cem\u003eIn Re Zantac \u003c/em\u003eMDL in the United States District Court for the Southern District of Florida and in coordinated state court proceedings in various states.\u003c/p\u003e\n\u003cp\u003eAndy successfully tried the first Zantac case to a defense verdict in Cook County, IL. The plaintiff claimed that ingestion of Zantac for heartburn caused her colon cancer and asked the jury to award $640 million.\u0026nbsp; \u003cem\u003eThe American Lawyer\u003c/em\u003e recognized Andy as a \u0026ldquo;Litigator of the Week\u0026rdquo; for that victory.\u0026nbsp; In his second Zantac trial in Cook County, the jury deadlocked 11-1 in Andy\u0026rsquo;s client\u0026rsquo;s favor. In his third Zantac trial (involving the retrial of two plaintiffs whose cases had previously mistried), Andy and his team won a complete defense verdict in less than 90 minutes.\u0026nbsp;\u0026nbsp;He and his team also won two subsequent Zantac trials in Cook County.\u0026nbsp; Cook County continues to be ranked in the American Tort Reform Association\u0026rsquo;s list of most difficult jurisdictions for corporate defendants and has been labelled \u0026ldquo;Gound Zero for Nuclear Verdicts in the State.\u0026rdquo;\u003c/p\u003e\n\u003cp\u003eHe led a King \u0026amp; Spalding team that successfully argued, alongside co-defendants\u0026rsquo; counsel, that the plaintiffs\u0026rsquo; general causation experts in the Zantac MDL should be excluded under FRE 702.\u0026nbsp; At the Daubert hearing, Andy argued, among other things, that the plaintiffs\u0026rsquo; testing expert used unreliable and unvalidated methodologies with a lack of documentation on how experiments were conducted, and that the expert offered to opine on the testing did not perform any of the analyses or assess their reliability himself but rather parroted the results given to him.\u0026nbsp; After excluding the plaintiffs\u0026rsquo; experts in a 340+ page Order, the MDL Court entered summary judgment for the defendants, dismissing thousands of cases and claims and effectively terminating the MDL before any case-specific discovery had begun. The Zantac Daubert win is considered as by far the largest in scale and magnitude of any MDL Daubert win.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAndy has frequently been recognized for his leading practice including by being named as a Product Liability MVP by \u003cem\u003eLaw360 \u003c/em\u003eand in Chambers Nationwide and Legal 500. He is notably a fellow of the Litigation Counsel of America, an honorary society limited to less than .05% of U.S. lawyers.\u003c/p\u003e\n\u003cp\u003eIn addition to his client work, Andy also is the Co-Chair of the firm\u0026rsquo;s new Product Liability and Mass Tort Practice Group.\u0026nbsp; He served for five years as the\u0026nbsp;Practice Group Leader of King \u0026amp; Spalding\u0026rsquo;s former Trial \u0026amp; Global Disputes practice group, a diverse group of over 550 litigators in 22 offices globally.\u003c/p\u003e","matters":["\u003cp\u003eActing as lead counsel for Boehringer Ingelheim Pharmaceuticals, Inc. and as one of four Defense Co-Leads in personal injury and class actions in the\u0026nbsp;\u003cem\u003eIn Re Zantac\u003c/em\u003e\u0026nbsp;MDL with more than 100,000 claimants in the United States District Court for the Southern District of Florida, as well as in various state courts and States Attorneys General actions.\u003c/p\u003e","\u003cp\u003eActing as co-lead counsel for The Renco Group, Inc. and Doe Run Resources Corp. in connection with thousands of lawsuits pending in the E.D. Missouri (St. Louis) filed on behalf of Peruvian children allegedly injured from exposure to lead and other contaminants at a metallurgical facility in La Oroya, Peru.\u003c/p\u003e","\u003cp\u003eActing as lead counsel for ride share company in defending against claims of driver assault.\u003c/p\u003e","\u003cp\u003eSuccessfully represented 3M in defeating two Combat Arms Earplugs plaintiffs\u0026rsquo; lawsuit to enjoin 3M from issuing dividends and spinning off its healthcare business.\u003c/p\u003e","\u003cp\u003eRepresented pharmaceutical giant GlaxoSmithKline (\u0026ldquo;GSK\u0026rdquo;) in the first lawsuit ever tried under a theory of \u0026ldquo;Innovator Liability\u0026rdquo; in which the plaintiff alleged that GSK was liable for the suicide of her late husband, the Chair of a global law firm\u0026rsquo;s Corporate and Securities practice following his ingestion of a generic version of GSK\u0026rsquo;s antidepressant Paxil\u0026reg;. The lawsuit alleged that the company had been negligent in its failure to warn of an increased risk of suicidal behavior in adult patients over the age of twenty-four. The United States District Court for the Northern District of Illinois denied GSK\u0026rsquo;s motion for summary judgment and the case proceeded to trial with the plaintiff seeking to hold GSK liable for injuries stemming from the ingestion of a product it did not manufacture. The case was the subject of extensive media coverage. After a five-week jury trial of which three days were spent deliberating, the jury came back with a verdict for the plaintiff in the amount of $3 million. This award was significantly less than the $39 million in damages that the plaintiff requested and less than the $14 million in economic losses that was put in front of the jury. The Seventh Circuit reversed the verdict and rendered judgment in GSK\u0026rsquo;s favor on federal preemption grounds in August 2018.\u003c/p\u003e","\u003cp\u003eObtained a complete defense verdict for Merck in the first bellwether trial in an MDL in the U.S. District Court for the District of New Jersey (\u003cem\u003eGlynn v. Merck)\u003c/em\u003e, in a case alleging that Merck\u0026rsquo;s osteoporosis drug Fosamax\u0026reg; caused the plaintiff\u0026rsquo;s atypical femur fracture. Following that trial, Judge Joel Pisano entered an Order to Show Cause dismissing Glynn and hundreds of other Fosamax\u0026reg; atypical femur fracture cases in the MDL on federal preemption grounds. Merck ultimately prevailed on preemption in that case in the United States Supreme Court.\u0026nbsp;\u003cem\u003eMerck v. Albrecht\u003c/em\u003e, 139 S.Ct. 1668 (2019).\u003c/p\u003e","\u003cp\u003eServes as lead, national coordinating counsel and trial counsel in product liability litigation involving allegations that\u0026nbsp;\u003cstrong\u003eGSK\u0026rsquo;s\u0026nbsp;\u003c/strong\u003eantidepressant, Paxil\u0026reg;, causes birth defects. In this role, which has spanned more than a decade and involves emotionally charged cases that are brand and business threatening, Andy and the King \u0026amp; Spalding team have defeated certification of both state and national classes of Paxil\u0026reg; consumers on consumer fraud, medical monitoring and personal injury allegations.\u003c/p\u003e","\u003cp\u003eActed as trial counsel for an international medical device company in female pelvic mesh litigation.\u003c/p\u003e","\u003cp\u003eActing as lead counsel for a Fortune 50 company in an MDL pending in the Northern District of California alleging that it marketed and sold purportedly defective JUUL e\u0026shy; cigarette products, including to minors.\u003c/p\u003e","\u003cp\u003eAchieved a motion to dismiss from the U.S. District Court of South Carolina as lead counsel for\u0026nbsp;\u003cstrong\u003eAllergan\u0026nbsp;\u003c/strong\u003ein a case alleging lip lesions and Lyme-disease-like symptoms after receiving injections with Allergan\u0026rsquo;s product Juviderm\u0026reg;, a Class III medical device.\u003c/p\u003e","\u003cp\u003eActed as Lead trial counsel or second chair trial counsel in 16 automotive product liability cases and in a dealership termination trial in the federal and state courts in New York, New Jersey, Georgia, Mississippi and Alabama.\u003c/p\u003e","\u003cp\u003eServed as national coordinating counsel for\u0026nbsp;\u003cstrong\u003ea large consumer healthcare product manufacturer\u0026nbsp;\u003c/strong\u003eand has supervised a national document collection and company-wide interviews for that client.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ea major medical device manufacturer\u0026nbsp;\u003c/strong\u003eas national coordinating counsel and lead trial counsel in product liability class actions and individual lawsuits involving a recalled medical device in which death or serious injury was alleged.\u003c/p\u003e","\u003cp\u003eAchieved a defense verdict for\u0026nbsp;\u003cstrong\u003eNissan\u0026nbsp;\u003c/strong\u003eas trial counsel in the first-ever case tried involving an alleged defect in a motorized seatbelt system\u0026nbsp;\u003cem\u003e(Smith-Green v. Nissan).\u003c/em\u003e\u003c/p\u003e","\u003cp\u003eServed as national trial counsel for\u0026nbsp;\u003cstrong\u003eQuest Diagnostics Incorporated,\u0026nbsp;\u003c/strong\u003ethe country\u0026rsquo;s largest private clinical laboratory company, in lawsuits arising out of the interpretation of laboratory specimens.\u003c/p\u003e","\u003cp\u003eActed as lead trial counsel in cases in Missouri and Ohio in which it was alleged that a misread Pap smear led to a delay in the diagnosis of cervical cancer and caused wrongful death or the loss of fertility.\u003c/p\u003e"],"recognitions":[{"title":"Named Distinguished Leader","detail":"DAILY REPORT’S SOUTHEASTERN LEGAL AWARDS, 2024"},{"title":"Named Litigator of the Week","detail":"THE AMERICAN LAWYER, MAY 2024"},{"title":"“Highly Reputable, Skilled and a Phenomenal Counselor”","detail":"CHAMBERS USA"},{"title":"Named National Practice Area Star for Health Care and Mass Tort; Local Litigation Star.","detail":"Benchmark, 2019"},{"title":"Named a 2017 Product Liability MVP","detail":"Law360"},{"title":"Named Atlanta Product Liability Litigation-Defendants “Lawyer of the Year”","detail":"Best Lawyers, 2015"},{"title":"Ranked in Product Liability and Mass Torts (Nationwide)","detail":"Chambers USA"},{"title":"Representing “major pharmaceutical companies on their most significant product liability cases.” ","detail":"CHAMBER USA"},{"title":"Representing \"market-leading MDLs in the life sciences sector.\" ","detail":"CHAMBERS USA"},{"title":"“Accessible, responsive and will move heaven and earth to accommodate the client’s needs.”","detail":"Chambers USA"},{"title":"Ranked as a top defense lawyer in the nation","detail":"Super Lawyers Corporate Counsel, 2009–2022"},{"title":"Selected as a Georgia “Super Lawyer”","detail":"Law \u0026 Politics and Atlanta magazine, 2006–2022"},{"title":"Recognized as having “substantial lead trial expertise” ","detail":"Legal 500"},{"title":"An “excellent lawyer” who “gets results at a great value in automotive and pharmaceutical products litigation.” ","detail":"Legal 500"},{"title":"Elected Fellow of the Litigation Counsel of America, an honorary society limited to less than .05% of U.S. lawyers","detail":"Litigation Counsel of America, 2014"},{"title":"Named by The Best Lawyers in America","detail":"2006–2022"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":719}]},"capability_group_id":3},"created_at":"2026-03-03T21:41:51.000Z","updated_at":"2026-03-03T21:41:51.000Z","searchable_text":"Bayman{{ FIELD }}{:title=\u0026gt;\"Named Distinguished Leader\", :detail=\u0026gt;\"DAILY REPORT’S SOUTHEASTERN LEGAL AWARDS, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Named Litigator of the Week\", :detail=\u0026gt;\"THE AMERICAN LAWYER, MAY 2024\"}{{ FIELD }}{:title=\u0026gt;\"“Highly Reputable, Skilled and a Phenomenal Counselor”\", :detail=\u0026gt;\"CHAMBERS USA\"}{{ FIELD }}{:title=\u0026gt;\"Named National Practice Area Star for Health Care and Mass Tort; Local Litigation Star.\", :detail=\u0026gt;\"Benchmark, 2019\"}{{ FIELD }}{:title=\u0026gt;\"Named a 2017 Product Liability MVP\", :detail=\u0026gt;\"Law360\"}{{ FIELD }}{:title=\u0026gt;\"Named Atlanta Product Liability Litigation-Defendants “Lawyer of the Year”\", :detail=\u0026gt;\"Best Lawyers, 2015\"}{{ FIELD }}{:title=\u0026gt;\"Ranked in Product Liability and Mass Torts (Nationwide)\", :detail=\u0026gt;\"Chambers USA\"}{{ FIELD }}{:title=\u0026gt;\"Representing “major pharmaceutical companies on their most significant product liability cases.” \", :detail=\u0026gt;\"CHAMBER USA\"}{{ FIELD }}{:title=\u0026gt;\"Representing \\\"market-leading MDLs in the life sciences sector.\\\" \", :detail=\u0026gt;\"CHAMBERS USA\"}{{ FIELD }}{:title=\u0026gt;\"“Accessible, responsive and will move heaven and earth to accommodate the client’s needs.”\", :detail=\u0026gt;\"Chambers USA\"}{{ FIELD }}{:title=\u0026gt;\"Ranked as a top defense lawyer in the nation\", :detail=\u0026gt;\"Super Lawyers Corporate Counsel, 2009–2022\"}{{ FIELD }}{:title=\u0026gt;\"Selected as a Georgia “Super Lawyer”\", :detail=\u0026gt;\"Law \u0026amp; Politics and Atlanta magazine, 2006–2022\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as having “substantial lead trial expertise” \", :detail=\u0026gt;\"Legal 500\"}{{ FIELD }}{:title=\u0026gt;\"An “excellent lawyer” who “gets results at a great value in automotive and pharmaceutical products litigation.” \", :detail=\u0026gt;\"Legal 500\"}{{ FIELD }}{:title=\u0026gt;\"Elected Fellow of the Litigation Counsel of America, an honorary society limited to less than .05% of U.S. lawyers\", :detail=\u0026gt;\"Litigation Counsel of America, 2014\"}{{ FIELD }}{:title=\u0026gt;\"Named by The Best Lawyers in America\", :detail=\u0026gt;\"2006–2022\"}{{ FIELD }}Acting as lead counsel for Boehringer Ingelheim Pharmaceuticals, Inc. and as one of four Defense Co-Leads in personal injury and class actions in the In Re Zantac MDL with more than 100,000 claimants in the United States District Court for the Southern District of Florida, as well as in various state courts and States Attorneys General actions.{{ FIELD }}Acting as co-lead counsel for The Renco Group, Inc. and Doe Run Resources Corp. in connection with thousands of lawsuits pending in the E.D. Missouri (St. Louis) filed on behalf of Peruvian children allegedly injured from exposure to lead and other contaminants at a metallurgical facility in La Oroya, Peru.{{ FIELD }}Acting as lead counsel for ride share company in defending against claims of driver assault.{{ FIELD }}Successfully represented 3M in defeating two Combat Arms Earplugs plaintiffs’ lawsuit to enjoin 3M from issuing dividends and spinning off its healthcare business.{{ FIELD }}Represented pharmaceutical giant GlaxoSmithKline (“GSK”) in the first lawsuit ever tried under a theory of “Innovator Liability” in which the plaintiff alleged that GSK was liable for the suicide of her late husband, the Chair of a global law firm’s Corporate and Securities practice following his ingestion of a generic version of GSK’s antidepressant Paxil®. The lawsuit alleged that the company had been negligent in its failure to warn of an increased risk of suicidal behavior in adult patients over the age of twenty-four. The United States District Court for the Northern District of Illinois denied GSK’s motion for summary judgment and the case proceeded to trial with the plaintiff seeking to hold GSK liable for injuries stemming from the ingestion of a product it did not manufacture. The case was the subject of extensive media coverage. After a five-week jury trial of which three days were spent deliberating, the jury came back with a verdict for the plaintiff in the amount of $3 million. This award was significantly less than the $39 million in damages that the plaintiff requested and less than the $14 million in economic losses that was put in front of the jury. The Seventh Circuit reversed the verdict and rendered judgment in GSK’s favor on federal preemption grounds in August 2018.{{ FIELD }}Obtained a complete defense verdict for Merck in the first bellwether trial in an MDL in the U.S. District Court for the District of New Jersey (Glynn v. Merck), in a case alleging that Merck’s osteoporosis drug Fosamax® caused the plaintiff’s atypical femur fracture. Following that trial, Judge Joel Pisano entered an Order to Show Cause dismissing Glynn and hundreds of other Fosamax® atypical femur fracture cases in the MDL on federal preemption grounds. Merck ultimately prevailed on preemption in that case in the United States Supreme Court. Merck v. Albrecht, 139 S.Ct. 1668 (2019).{{ FIELD }}Serves as lead, national coordinating counsel and trial counsel in product liability litigation involving allegations that GSK’s antidepressant, Paxil®, causes birth defects. In this role, which has spanned more than a decade and involves emotionally charged cases that are brand and business threatening, Andy and the King \u0026amp; Spalding team have defeated certification of both state and national classes of Paxil® consumers on consumer fraud, medical monitoring and personal injury allegations.{{ FIELD }}Acted as trial counsel for an international medical device company in female pelvic mesh litigation.{{ FIELD }}Acting as lead counsel for a Fortune 50 company in an MDL pending in the Northern District of California alleging that it marketed and sold purportedly defective JUUL e­ cigarette products, including to minors.{{ FIELD }}Achieved a motion to dismiss from the U.S. District Court of South Carolina as lead counsel for Allergan in a case alleging lip lesions and Lyme-disease-like symptoms after receiving injections with Allergan’s product Juviderm®, a Class III medical device.{{ FIELD }}Acted as Lead trial counsel or second chair trial counsel in 16 automotive product liability cases and in a dealership termination trial in the federal and state courts in New York, New Jersey, Georgia, Mississippi and Alabama.{{ FIELD }}Served as national coordinating counsel for a large consumer healthcare product manufacturer and has supervised a national document collection and company-wide interviews for that client.{{ FIELD }}Represented a major medical device manufacturer as national coordinating counsel and lead trial counsel in product liability class actions and individual lawsuits involving a recalled medical device in which death or serious injury was alleged.{{ FIELD }}Achieved a defense verdict for Nissan as trial counsel in the first-ever case tried involving an alleged defect in a motorized seatbelt system (Smith-Green v. Nissan).{{ FIELD }}Served as national trial counsel for Quest Diagnostics Incorporated, the country’s largest private clinical laboratory company, in lawsuits arising out of the interpretation of laboratory specimens.{{ FIELD }}Acted as lead trial counsel in cases in Missouri and Ohio in which it was alleged that a misread Pap smear led to a delay in the diagnosis of cervical cancer and caused wrongful death or the loss of fertility.{{ FIELD }}Andy Bayman is a trial lawyer who represents pharmaceutical companies, medical device manufacturers, retailers, automotive manufacturers and other major companies in complex and novel product liability, toxic tort, and other tort cases. He has tried over 20 cases in state and federal courts, many of which are first of kind such as the first pharmaceutical products liability lawsuit ever tried under the theory of “Innovator Liability,” the first MDL bellwether trial involving an atypical femur fracture allegedly caused by Merck’s osteoporosis medicine, Fosamax® and, more recently, the first Zantac case to go to trial.\nAndy is often called upon as coordinating and lead counsel on some of the most brand-threatening, high-profile crisis matters for major manufacturers, many of which are in MDLs.  He is lead counsel for Boehringer Ingelheim Pharmaceuticals, Inc. and one of four Defense Co-Leads in personal injury and class actions in the In Re Zantac MDL in the United States District Court for the Southern District of Florida and in coordinated state court proceedings in various states.\nAndy successfully tried the first Zantac case to a defense verdict in Cook County, IL. The plaintiff claimed that ingestion of Zantac for heartburn caused her colon cancer and asked the jury to award $640 million.  The American Lawyer recognized Andy as a “Litigator of the Week” for that victory.  In his second Zantac trial in Cook County, the jury deadlocked 11-1 in Andy’s client’s favor. In his third Zantac trial (involving the retrial of two plaintiffs whose cases had previously mistried), Andy and his team won a complete defense verdict in less than 90 minutes.  He and his team also won two subsequent Zantac trials in Cook County.  Cook County continues to be ranked in the American Tort Reform Association’s list of most difficult jurisdictions for corporate defendants and has been labelled “Gound Zero for Nuclear Verdicts in the State.”\nHe led a King \u0026amp; Spalding team that successfully argued, alongside co-defendants’ counsel, that the plaintiffs’ general causation experts in the Zantac MDL should be excluded under FRE 702.  At the Daubert hearing, Andy argued, among other things, that the plaintiffs’ testing expert used unreliable and unvalidated methodologies with a lack of documentation on how experiments were conducted, and that the expert offered to opine on the testing did not perform any of the analyses or assess their reliability himself but rather parroted the results given to him.  After excluding the plaintiffs’ experts in a 340+ page Order, the MDL Court entered summary judgment for the defendants, dismissing thousands of cases and claims and effectively terminating the MDL before any case-specific discovery had begun. The Zantac Daubert win is considered as by far the largest in scale and magnitude of any MDL Daubert win. \nAndy has frequently been recognized for his leading practice including by being named as a Product Liability MVP by Law360 and in Chambers Nationwide and Legal 500. He is notably a fellow of the Litigation Counsel of America, an honorary society limited to less than .05% of U.S. lawyers.\nIn addition to his client work, Andy also is the Co-Chair of the firm’s new Product Liability and Mass Tort Practice Group.  He served for five years as the Practice Group Leader of King \u0026amp; Spalding’s former Trial \u0026amp; Global Disputes practice group, a diverse group of over 550 litigators in 22 offices globally. Andrew T Bayman Partner Named Distinguished Leader DAILY REPORT’S SOUTHEASTERN LEGAL AWARDS, 2024 Named Litigator of the Week THE AMERICAN LAWYER, MAY 2024 “Highly Reputable, Skilled and a Phenomenal Counselor” CHAMBERS USA Named National Practice Area Star for Health Care and Mass Tort; Local Litigation Star. Benchmark, 2019 Named a 2017 Product Liability MVP Law360 Named Atlanta Product Liability Litigation-Defendants “Lawyer of the Year” Best Lawyers, 2015 Ranked in Product Liability and Mass Torts (Nationwide) Chambers USA Representing “major pharmaceutical companies on their most significant product liability cases.”  CHAMBER USA Representing \"market-leading MDLs in the life sciences sector.\"  CHAMBERS USA “Accessible, responsive and will move heaven and earth to accommodate the client’s needs.” Chambers USA Ranked as a top defense lawyer in the nation Super Lawyers Corporate Counsel, 2009–2022 Selected as a Georgia “Super Lawyer” Law \u0026amp; Politics and Atlanta magazine, 2006–2022 Recognized as having “substantial lead trial expertise”  Legal 500 An “excellent lawyer” who “gets results at a great value in automotive and pharmaceutical products litigation.”  Legal 500 Elected Fellow of the Litigation Counsel of America, an honorary society limited to less than .05% of U.S. lawyers Litigation Counsel of America, 2014 Named by The Best Lawyers in America 2006–2022 Miami University-Oxford  Vanderbilt University Vanderbilt University School of Law Supreme Court of the United States U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Tenth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Western District of Michigan U.S. District Court for the Western District of Tennessee U.S. District Court for the Central District of Illinois U.S. District Court for the Eastern District of Wisconsin U.S. District Court for the District of Colorado U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia U.S. District Court for the Southern District of Georgia Georgia Court of Appeals of Georgia Supreme Court of Georgia American Bar Association State Bar of Georgia Atlanta Bar Association Federal Bar Association Acting as lead counsel for Boehringer Ingelheim Pharmaceuticals, Inc. and as one of four Defense Co-Leads in personal injury and class actions in the In Re Zantac MDL with more than 100,000 claimants in the United States District Court for the Southern District of Florida, as well as in various state courts and States Attorneys General actions. Acting as co-lead counsel for The Renco Group, Inc. and Doe Run Resources Corp. in connection with thousands of lawsuits pending in the E.D. Missouri (St. Louis) filed on behalf of Peruvian children allegedly injured from exposure to lead and other contaminants at a metallurgical facility in La Oroya, Peru. Acting as lead counsel for ride share company in defending against claims of driver assault. Successfully represented 3M in defeating two Combat Arms Earplugs plaintiffs’ lawsuit to enjoin 3M from issuing dividends and spinning off its healthcare business. Represented pharmaceutical giant GlaxoSmithKline (“GSK”) in the first lawsuit ever tried under a theory of “Innovator Liability” in which the plaintiff alleged that GSK was liable for the suicide of her late husband, the Chair of a global law firm’s Corporate and Securities practice following his ingestion of a generic version of GSK’s antidepressant Paxil®. The lawsuit alleged that the company had been negligent in its failure to warn of an increased risk of suicidal behavior in adult patients over the age of twenty-four. The United States District Court for the Northern District of Illinois denied GSK’s motion for summary judgment and the case proceeded to trial with the plaintiff seeking to hold GSK liable for injuries stemming from the ingestion of a product it did not manufacture. The case was the subject of extensive media coverage. After a five-week jury trial of which three days were spent deliberating, the jury came back with a verdict for the plaintiff in the amount of $3 million. This award was significantly less than the $39 million in damages that the plaintiff requested and less than the $14 million in economic losses that was put in front of the jury. The Seventh Circuit reversed the verdict and rendered judgment in GSK’s favor on federal preemption grounds in August 2018. Obtained a complete defense verdict for Merck in the first bellwether trial in an MDL in the U.S. District Court for the District of New Jersey (Glynn v. Merck), in a case alleging that Merck’s osteoporosis drug Fosamax® caused the plaintiff’s atypical femur fracture. Following that trial, Judge Joel Pisano entered an Order to Show Cause dismissing Glynn and hundreds of other Fosamax® atypical femur fracture cases in the MDL on federal preemption grounds. Merck ultimately prevailed on preemption in that case in the United States Supreme Court. Merck v. Albrecht, 139 S.Ct. 1668 (2019). Serves as lead, national coordinating counsel and trial counsel in product liability litigation involving allegations that GSK’s antidepressant, Paxil®, causes birth defects. In this role, which has spanned more than a decade and involves emotionally charged cases that are brand and business threatening, Andy and the King \u0026amp; Spalding team have defeated certification of both state and national classes of Paxil® consumers on consumer fraud, medical monitoring and personal injury allegations. Acted as trial counsel for an international medical device company in female pelvic mesh litigation. Acting as lead counsel for a Fortune 50 company in an MDL pending in the Northern District of California alleging that it marketed and sold purportedly defective JUUL e­ cigarette products, including to minors. Achieved a motion to dismiss from the U.S. District Court of South Carolina as lead counsel for Allergan in a case alleging lip lesions and Lyme-disease-like symptoms after receiving injections with Allergan’s product Juviderm®, a Class III medical device. Acted as Lead trial counsel or second chair trial counsel in 16 automotive product liability cases and in a dealership termination trial in the federal and state courts in New York, New Jersey, Georgia, Mississippi and Alabama. Served as national coordinating counsel for a large consumer healthcare product manufacturer and has supervised a national document collection and company-wide interviews for that client. Represented a major medical device manufacturer as national coordinating counsel and lead trial counsel in product liability class actions and individual lawsuits involving a recalled medical device in which death or serious injury was alleged. Achieved a defense verdict for Nissan as trial counsel in the first-ever case tried involving an alleged defect in a motorized seatbelt system (Smith-Green v. Nissan). Served as national trial counsel for Quest Diagnostics Incorporated, the country’s largest private clinical laboratory company, in lawsuits arising out of the interpretation of laboratory specimens. Acted as lead trial counsel in cases in Missouri and Ohio in which it was alleged that a misread Pap smear led to a delay in the diagnosis of cervical cancer and caused wrongful death or the loss of fertility.","searchable_name":"Andrew T. Bayman (Andy)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"2.0","total_score":0,"last_name":"balser","first_name":"david","middle_name":"l.","nick_name":"david","id":448703,"version":1,"owner_type":"Person","owner_id":3123,"payload":{"bio":"\u003cp\u003eDavid Balser tries high-stakes cases on behalf of Fortune 500 companies and other leading businesses in the financial services, telecommunications, energy, transportation, professional services, and private equity sectors. David is often called upon to handle clients\u0026rsquo; most sensitive, complex, and enterprise-threatening matters. A Fellow of the American College of Trial Lawyers, David focuses on contract disputes, business torts, class actions and professional liability litigation.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eRanked by \u003cem\u003eChambers USA\u003c/em\u003e as a \u0026ldquo;Star Individual\u0026rdquo; for Commercial Litigation, David is praised by his peers and clients for his command of the courtroom and his leadership in bet-the-company cases:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003e\u0026nbsp;\u0026ldquo;\u003cem\u003eHe is the preeminent class action lawyer in town. On his feet he's amazing, he's every bit as good as the best\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe has a mastery of law, a commanding presence and a real strategic approach to litigation\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe can be tough as nails, but has great manner with clients. He's extraordinarily impressive\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe is a bet-the-company litigator and a go-to. He might be the top bet-the-company litigator I've ever met\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe's a trusted adviser through and through. David is a rockstar of a lawyer.\u003c/em\u003e\u0026rdquo;\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eDavid\u0026rsquo;s creativity and collaborative style have earned him accolades such as\u0026nbsp;\u003cem\u003eDistinguished Leader\u003c/em\u003e\u0026nbsp;by the\u0026nbsp;\u003cem\u003eDaily Report \u003c/em\u003ein 2022, which praised his \u0026ldquo;\u003cem\u003eproven track record of creativity and collaboration [that] sets him apart from the competition.\u003c/em\u003e\u0026rdquo; He has also been named a \u0026ldquo;Litigation Star\u0026rdquo; by\u0026nbsp;\u003cem\u003eBenchmark Litigation\u003c/em\u003e and honored as a\u0026nbsp;\u003cem\u003eBTI Client Service All-Star\u003c/em\u003e. David\u0026rsquo;s reputation, built on excellence, strategy, and client trust, makes him a go-to lawyer for the most complex and consequential litigation challenges.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid leads the firm\u0026rsquo;s nationwide class action practice and has defended more than 200 class actions, including many filed in the most plaintiff-friendly jurisdictions in the country. At the forefront of developing and\u0026nbsp;litigating novel theories, David has been a trailblazer in shaping the evolving landscape\u0026nbsp;of complex data breaches and has served as lead counsel on some of the most notable cases in U.S. history, including high-profile matters for Equifax and Capital One.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","slug":"david-balser","email":"dbalser@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eClass Actions\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eCurrently defending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in parallel consumer class action and regulatory actions alleging deceptive marketing and unfair practices related to interest rates on the bank\u0026rsquo;s 360 Savings and 360 Performance Savings products.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;as lead counsel in over 60 consumer class actions relating to a data security incident announced in July 2019 involving approximately 100 million U.S. consumers. The firm obtained dismissal with prejudice of the alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;as lead counsel in the MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach. After more than a year and a half of contentious litigation, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;in a series of consumer class actions that were filed following the 2018 announcement of a cybersecurity incident involving a third-party vendor. Two of the cases were dismissed with prejudice, and the plaintiff in the third case discontinued the lawsuit.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eDaVita Inc.\u003c/strong\u003e\u0026nbsp;in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein a class action lawsuit in the Central District of California involving allegations of greenwashing and misrepresentation regarding the total environmental impact of its business operations and claims of carbon neutrality.\u003c/p\u003e","\u003cp\u003eObtained favorable settlement in securities class action for\u0026nbsp;\u003cstrong\u003eTivity Health, Inc.\u003c/strong\u003e\u0026nbsp;and certain current and former directors and officers regarding its $1.3B acquisition of Nutrisystem. As lead trial counsel, David successfully excluded Plaintiff\u0026rsquo;s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial.\u003c/p\u003e","\u003cp\u003eSecured dismissal of a putative nationwide class action in the District of New Jersey against\u0026nbsp;\u003cstrong\u003eHeartland Payment Systems\u003c/strong\u003e, a subsidiary of Global Payments, over alleged excessive merchant fees.\u003c/p\u003e","\u003cp\u003eConvinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against\u0026nbsp;\u003cstrong\u003eBenefytt Technologies Inc.\u003c/strong\u003e, an insurance technology company.\u003c/p\u003e","\u003cp\u003eObtained dismissal of consumer class actions for\u0026nbsp;\u003cstrong\u003eNovant Health, Inc.\u0026nbsp;\u003c/strong\u003ealleging failure to adequately safeguard patients\u0026rsquo; personally identifiable information and personal health information and allowed the improper and unauthorized transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant\u0026rsquo;s use of the Meta tracking pixel on Novant\u0026rsquo;s website.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative class action against\u0026nbsp;\u003cstrong\u003eShutterfly, LLC\u003c/strong\u003e\u0026nbsp;arising from a ransomware attack bringing several claims, including under California\u0026rsquo;s Unfair Competition Laws and cause of action under the relatively new California Consumer Privacy Act.\u003c/p\u003e","\u003cp\u003eDefend\u0026nbsp;\u003cstrong\u003eEmory University\u003c/strong\u003e\u0026nbsp;in a COVID-19 related class action seeking tuition refunds and obtained dismissal of the plaintiff's claims for breach of express contract and unjust enrichment.\u003c/p\u003e","\u003cp\u003eReached a favorable settlement for\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;in a COVID-19 related class action seeking ticket refunds.\u003c/p\u003e","\u003cp\u003eDefeated class certification and obtained summary judgment for\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance.\u003c/p\u003e","\u003cp\u003eDefeated class certification in $300 million consumer class action on behalf of\u0026nbsp;\u003cstrong\u003eaffiliates of The Southern Company\u003c/strong\u003e\u0026nbsp;in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCommercial Litigation and Other Disputes\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eSea Island Company\u0026nbsp;\u003c/strong\u003ein \u0026ldquo;bet-the-company\u0026rdquo; challenging Sea Island\u0026rsquo;s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ea large nuclear power provider\u003c/strong\u003e\u0026nbsp;in alleged antitrust price-fixing class action.\u003c/p\u003e","\u003cp\u003eLed the defense of \u0026ldquo;bet-the-company\u0026rdquo; litigation for\u0026nbsp;\u003cstrong\u003eSCANA Corporation\u0026nbsp;\u003c/strong\u003erelating to the abandonment of SCANA\u0026rsquo;s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA\u0026rsquo;s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eGeorgia Power\u0026nbsp;\u003c/strong\u003ein a contract dispute involving alleged obligations to cover certain construction costs associated with the Plant Vogtle nuclear power units per the terms of certain agreements that govern the co-owners\u0026rsquo; rights and obligations with respect to the project.\u003c/p\u003e","\u003cp\u003ePrevailed on appeal on behalf of\u0026nbsp;\u003cstrong\u003eGlobal Payments Direct, Inc.\u003c/strong\u003e, a global financial technology services company, in the reversal of a $135 million verdict awarded by a jury in DeKalb County, Georgia, to Frontline Processing Corporation, an independent sales organization. King \u0026amp; Spalding\u0026rsquo;s comprehensive challenge of the jury\u0026rsquo;s verdict staved off a \u0026ldquo;windfall\u0026rdquo; recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAHS Residential, LLC\u003c/strong\u003e, a Miami-based company that builds and operates multi-family housing across the U.S., in a breach of contract dispute involving an agreement to purchase 8.9 acres of land out of a larger tract in suburban Atlanta called \u0026ldquo;Assembly Yards.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eServed as lead counsel for\u0026nbsp;\u003cstrong\u003eAT\u0026amp;T\u003c/strong\u003e\u0026nbsp;in an international arbitration seeking to block enforcement of a multi-million dollar judgment obtained by a former executive in Argentina. In a complete victory, the arbitration panel, after an extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for a\u0026nbsp;\u003cstrong\u003eNew York based hedge fund\u003c/strong\u003e\u0026nbsp;in a jury trial in Superior Court of Fulton County. The client\u0026rsquo;s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense verdict and a verdict in his client\u0026rsquo;s favor on its counterclaims.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for an\u0026nbsp;\u003cstrong\u003eaffiliate of Roark Capital\u003c/strong\u003e, a leading private equity fund, in a trial in Delaware Chancery Court involving a post-acquisition tax dispute. David obtained a judgment in his client\u0026rsquo;s favor.\u003c/p\u003e","\u003cp\u003eDefended more than a dozen\u0026nbsp;\u003cstrong\u003eAmLaw 200 firms\u003c/strong\u003e\u0026nbsp;against claims of legal malpractice, breach of fiduciary duty, and related claims.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":18}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":4,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":5,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":6,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":7,"source":"capabilities"},{"id":1256,"guid":"1256.smart_tags","index":8,"source":"smartTags"},{"id":114,"guid":"114.capabilities","index":9,"source":"capabilities"},{"id":1157,"guid":"1157.smart_tags","index":10,"source":"smartTags"},{"id":1176,"guid":"1176.smart_tags","index":11,"source":"smartTags"},{"id":120,"guid":"120.capabilities","index":12,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":13,"source":"smartTags"},{"id":1256,"guid":"1256.smart_tags","index":14,"source":"smartTags"},{"id":1270,"guid":"1270.smart_tags","index":15,"source":"smartTags"},{"id":133,"guid":"133.capabilities","index":16,"source":"capabilities"},{"id":1243,"guid":"1243.smart_tags","index":17,"source":"smartTags"}],"is_active":true,"last_name":"Balser","nick_name":"David","clerkships":[{"name":"Law Clerk, Honorable Charles A. Moye, Jr., Chief Judge, U.S. District Court for the Northern District of Georgia","years_held":"1987-1989"}],"first_name":"David","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"L.","name_suffix":"","recognitions":[{"title":"Band 1: Georgia: Commercial Litigation","detail":"Chambers USA, 2006 - PRESENT"},{"title":"“His proven track record of creativity and collaboration sets him apart from the competition.” ","detail":"DISTINGUISHED LEADER, DAILY REPORT, 2022"},{"title":"\"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\" ","detail":"Chambers USA 2023"},{"title":"“He is top in class action litigation\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very solid in class actions, there's nobody better.”","detail":"CHAMBERS USA 2023"},{"title":"Recommend in Cyber Law (including Data Privacy and Data Protection)","detail":"THE LEGAL 500 UNITED STATES, 2022"},{"title":"“Bet the Company” Litigation, Commercial Litigation","detail":"Best Lawyers in America"},{"title":"U.S. “Litigation Star” ","detail":"Benchmark Litigation, 2018 - PRESENT"},{"title":"Top 100 Lawyers in Georgia","detail":"Georgia Super Lawyers, 2012–Present"},{"title":"2018 BTI Client Service All-Star","detail":"BTI, 2018"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDavid Balser tries high-stakes cases on behalf of Fortune 500 companies and other leading businesses in the financial services, telecommunications, energy, transportation, professional services, and private equity sectors. David is often called upon to handle clients\u0026rsquo; most sensitive, complex, and enterprise-threatening matters. A Fellow of the American College of Trial Lawyers, David focuses on contract disputes, business torts, class actions and professional liability litigation.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eRanked by \u003cem\u003eChambers USA\u003c/em\u003e as a \u0026ldquo;Star Individual\u0026rdquo; for Commercial Litigation, David is praised by his peers and clients for his command of the courtroom and his leadership in bet-the-company cases:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003e\u0026nbsp;\u0026ldquo;\u003cem\u003eHe is the preeminent class action lawyer in town. On his feet he's amazing, he's every bit as good as the best\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe has a mastery of law, a commanding presence and a real strategic approach to litigation\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe can be tough as nails, but has great manner with clients. He's extraordinarily impressive\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe is a bet-the-company litigator and a go-to. He might be the top bet-the-company litigator I've ever met\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe's a trusted adviser through and through. David is a rockstar of a lawyer.\u003c/em\u003e\u0026rdquo;\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eDavid\u0026rsquo;s creativity and collaborative style have earned him accolades such as\u0026nbsp;\u003cem\u003eDistinguished Leader\u003c/em\u003e\u0026nbsp;by the\u0026nbsp;\u003cem\u003eDaily Report \u003c/em\u003ein 2022, which praised his \u0026ldquo;\u003cem\u003eproven track record of creativity and collaboration [that] sets him apart from the competition.\u003c/em\u003e\u0026rdquo; He has also been named a \u0026ldquo;Litigation Star\u0026rdquo; by\u0026nbsp;\u003cem\u003eBenchmark Litigation\u003c/em\u003e and honored as a\u0026nbsp;\u003cem\u003eBTI Client Service All-Star\u003c/em\u003e. David\u0026rsquo;s reputation, built on excellence, strategy, and client trust, makes him a go-to lawyer for the most complex and consequential litigation challenges.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid leads the firm\u0026rsquo;s nationwide class action practice and has defended more than 200 class actions, including many filed in the most plaintiff-friendly jurisdictions in the country. At the forefront of developing and\u0026nbsp;litigating novel theories, David has been a trailblazer in shaping the evolving landscape\u0026nbsp;of complex data breaches and has served as lead counsel on some of the most notable cases in U.S. history, including high-profile matters for Equifax and Capital One.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eClass Actions\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eCurrently defending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in parallel consumer class action and regulatory actions alleging deceptive marketing and unfair practices related to interest rates on the bank\u0026rsquo;s 360 Savings and 360 Performance Savings products.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;as lead counsel in over 60 consumer class actions relating to a data security incident announced in July 2019 involving approximately 100 million U.S. consumers. The firm obtained dismissal with prejudice of the alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;as lead counsel in the MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach. After more than a year and a half of contentious litigation, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;in a series of consumer class actions that were filed following the 2018 announcement of a cybersecurity incident involving a third-party vendor. Two of the cases were dismissed with prejudice, and the plaintiff in the third case discontinued the lawsuit.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eDaVita Inc.\u003c/strong\u003e\u0026nbsp;in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein a class action lawsuit in the Central District of California involving allegations of greenwashing and misrepresentation regarding the total environmental impact of its business operations and claims of carbon neutrality.\u003c/p\u003e","\u003cp\u003eObtained favorable settlement in securities class action for\u0026nbsp;\u003cstrong\u003eTivity Health, Inc.\u003c/strong\u003e\u0026nbsp;and certain current and former directors and officers regarding its $1.3B acquisition of Nutrisystem. As lead trial counsel, David successfully excluded Plaintiff\u0026rsquo;s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial.\u003c/p\u003e","\u003cp\u003eSecured dismissal of a putative nationwide class action in the District of New Jersey against\u0026nbsp;\u003cstrong\u003eHeartland Payment Systems\u003c/strong\u003e, a subsidiary of Global Payments, over alleged excessive merchant fees.\u003c/p\u003e","\u003cp\u003eConvinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against\u0026nbsp;\u003cstrong\u003eBenefytt Technologies Inc.\u003c/strong\u003e, an insurance technology company.\u003c/p\u003e","\u003cp\u003eObtained dismissal of consumer class actions for\u0026nbsp;\u003cstrong\u003eNovant Health, Inc.\u0026nbsp;\u003c/strong\u003ealleging failure to adequately safeguard patients\u0026rsquo; personally identifiable information and personal health information and allowed the improper and unauthorized transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant\u0026rsquo;s use of the Meta tracking pixel on Novant\u0026rsquo;s website.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative class action against\u0026nbsp;\u003cstrong\u003eShutterfly, LLC\u003c/strong\u003e\u0026nbsp;arising from a ransomware attack bringing several claims, including under California\u0026rsquo;s Unfair Competition Laws and cause of action under the relatively new California Consumer Privacy Act.\u003c/p\u003e","\u003cp\u003eDefend\u0026nbsp;\u003cstrong\u003eEmory University\u003c/strong\u003e\u0026nbsp;in a COVID-19 related class action seeking tuition refunds and obtained dismissal of the plaintiff's claims for breach of express contract and unjust enrichment.\u003c/p\u003e","\u003cp\u003eReached a favorable settlement for\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;in a COVID-19 related class action seeking ticket refunds.\u003c/p\u003e","\u003cp\u003eDefeated class certification and obtained summary judgment for\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance.\u003c/p\u003e","\u003cp\u003eDefeated class certification in $300 million consumer class action on behalf of\u0026nbsp;\u003cstrong\u003eaffiliates of The Southern Company\u003c/strong\u003e\u0026nbsp;in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCommercial Litigation and Other Disputes\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eSea Island Company\u0026nbsp;\u003c/strong\u003ein \u0026ldquo;bet-the-company\u0026rdquo; challenging Sea Island\u0026rsquo;s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ea large nuclear power provider\u003c/strong\u003e\u0026nbsp;in alleged antitrust price-fixing class action.\u003c/p\u003e","\u003cp\u003eLed the defense of \u0026ldquo;bet-the-company\u0026rdquo; litigation for\u0026nbsp;\u003cstrong\u003eSCANA Corporation\u0026nbsp;\u003c/strong\u003erelating to the abandonment of SCANA\u0026rsquo;s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA\u0026rsquo;s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eGeorgia Power\u0026nbsp;\u003c/strong\u003ein a contract dispute involving alleged obligations to cover certain construction costs associated with the Plant Vogtle nuclear power units per the terms of certain agreements that govern the co-owners\u0026rsquo; rights and obligations with respect to the project.\u003c/p\u003e","\u003cp\u003ePrevailed on appeal on behalf of\u0026nbsp;\u003cstrong\u003eGlobal Payments Direct, Inc.\u003c/strong\u003e, a global financial technology services company, in the reversal of a $135 million verdict awarded by a jury in DeKalb County, Georgia, to Frontline Processing Corporation, an independent sales organization. King \u0026amp; Spalding\u0026rsquo;s comprehensive challenge of the jury\u0026rsquo;s verdict staved off a \u0026ldquo;windfall\u0026rdquo; recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAHS Residential, LLC\u003c/strong\u003e, a Miami-based company that builds and operates multi-family housing across the U.S., in a breach of contract dispute involving an agreement to purchase 8.9 acres of land out of a larger tract in suburban Atlanta called \u0026ldquo;Assembly Yards.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eServed as lead counsel for\u0026nbsp;\u003cstrong\u003eAT\u0026amp;T\u003c/strong\u003e\u0026nbsp;in an international arbitration seeking to block enforcement of a multi-million dollar judgment obtained by a former executive in Argentina. In a complete victory, the arbitration panel, after an extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for a\u0026nbsp;\u003cstrong\u003eNew York based hedge fund\u003c/strong\u003e\u0026nbsp;in a jury trial in Superior Court of Fulton County. The client\u0026rsquo;s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense verdict and a verdict in his client\u0026rsquo;s favor on its counterclaims.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for an\u0026nbsp;\u003cstrong\u003eaffiliate of Roark Capital\u003c/strong\u003e, a leading private equity fund, in a trial in Delaware Chancery Court involving a post-acquisition tax dispute. David obtained a judgment in his client\u0026rsquo;s favor.\u003c/p\u003e","\u003cp\u003eDefended more than a dozen\u0026nbsp;\u003cstrong\u003eAmLaw 200 firms\u003c/strong\u003e\u0026nbsp;against claims of legal malpractice, breach of fiduciary duty, and related claims.\u003c/p\u003e"],"recognitions":[{"title":"Band 1: Georgia: Commercial Litigation","detail":"Chambers USA, 2006 - PRESENT"},{"title":"“His proven track record of creativity and collaboration sets him apart from the competition.” ","detail":"DISTINGUISHED LEADER, DAILY REPORT, 2022"},{"title":"\"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\" ","detail":"Chambers USA 2023"},{"title":"“He is top in class action litigation\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very solid in class actions, there's nobody better.”","detail":"CHAMBERS USA 2023"},{"title":"Recommend in Cyber Law (including Data Privacy and Data Protection)","detail":"THE LEGAL 500 UNITED STATES, 2022"},{"title":"“Bet the Company” Litigation, Commercial Litigation","detail":"Best Lawyers in America"},{"title":"U.S. “Litigation Star” ","detail":"Benchmark Litigation, 2018 - PRESENT"},{"title":"Top 100 Lawyers in Georgia","detail":"Georgia Super Lawyers, 2012–Present"},{"title":"2018 BTI Client Service All-Star","detail":"BTI, 2018"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11778}]},"capability_group_id":3},"created_at":"2026-05-28T21:53:12.000Z","updated_at":"2026-05-28T21:53:12.000Z","searchable_text":"Balser{{ FIELD }}{:title=\u0026gt;\"Band 1: Georgia: Commercial Litigation\", :detail=\u0026gt;\"Chambers USA, 2006 - PRESENT\"}{{ FIELD }}{:title=\u0026gt;\"“His proven track record of creativity and collaboration sets him apart from the competition.” \", :detail=\u0026gt;\"DISTINGUISHED LEADER, DAILY REPORT, 2022\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\\\" \", :detail=\u0026gt;\"Chambers USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"“He is top in class action litigation\\\"\", :detail=\u0026gt;\"CHAMBERS USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\\\"\", :detail=\u0026gt;\"CHAMBERS USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He's very solid in class actions, there's nobody better.”\", :detail=\u0026gt;\"CHAMBERS USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"Recommend in Cyber Law (including Data Privacy and Data Protection)\", :detail=\u0026gt;\"THE LEGAL 500 UNITED STATES, 2022\"}{{ FIELD }}{:title=\u0026gt;\"“Bet the Company” Litigation, Commercial Litigation\", :detail=\u0026gt;\"Best Lawyers in America\"}{{ FIELD }}{:title=\u0026gt;\"U.S. “Litigation Star” \", :detail=\u0026gt;\"Benchmark Litigation, 2018 - PRESENT\"}{{ FIELD }}{:title=\u0026gt;\"Top 100 Lawyers in Georgia\", :detail=\u0026gt;\"Georgia Super Lawyers, 2012–Present\"}{{ FIELD }}{:title=\u0026gt;\"2018 BTI Client Service All-Star\", :detail=\u0026gt;\"BTI, 2018\"}{{ FIELD }}Class Actions{{ FIELD }}Currently defending Capital One in parallel consumer class action and regulatory actions alleging deceptive marketing and unfair practices related to interest rates on the bank’s 360 Savings and 360 Performance Savings products.{{ FIELD }}Defended Capital One as lead counsel in over 60 consumer class actions relating to a data security incident announced in July 2019 involving approximately 100 million U.S. consumers. The firm obtained dismissal with prejudice of the alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services.{{ FIELD }}Defended Equifax as lead counsel in the MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach. After more than a year and a half of contentious litigation, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit.{{ FIELD }}Defended an international airline in a series of consumer class actions that were filed following the 2018 announcement of a cybersecurity incident involving a third-party vendor. Two of the cases were dismissed with prejudice, and the plaintiff in the third case discontinued the lawsuit.{{ FIELD }}Representing DaVita Inc. in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.{{ FIELD }}Defending an international airline in a class action lawsuit in the Central District of California involving allegations of greenwashing and misrepresentation regarding the total environmental impact of its business operations and claims of carbon neutrality.{{ FIELD }}Obtained favorable settlement in securities class action for Tivity Health, Inc. and certain current and former directors and officers regarding its $1.3B acquisition of Nutrisystem. As lead trial counsel, David successfully excluded Plaintiff’s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial.{{ FIELD }}Secured dismissal of a putative nationwide class action in the District of New Jersey against Heartland Payment Systems, a subsidiary of Global Payments, over alleged excessive merchant fees.{{ FIELD }}Convinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against Benefytt Technologies Inc., an insurance technology company.{{ FIELD }}Obtained dismissal of consumer class actions for Novant Health, Inc. alleging failure to adequately safeguard patients’ personally identifiable information and personal health information and allowed the improper and unauthorized transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant’s use of the Meta tracking pixel on Novant’s website.{{ FIELD }}Obtained dismissal of putative class action against Shutterfly, LLC arising from a ransomware attack bringing several claims, including under California’s Unfair Competition Laws and cause of action under the relatively new California Consumer Privacy Act.{{ FIELD }}Defend Emory University in a COVID-19 related class action seeking tuition refunds and obtained dismissal of the plaintiff's claims for breach of express contract and unjust enrichment.{{ FIELD }}Reached a favorable settlement for an international airline in a COVID-19 related class action seeking ticket refunds.{{ FIELD }}Defeated class certification and obtained summary judgment for an international airline in a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance.{{ FIELD }}Defeated class certification in $300 million consumer class action on behalf of affiliates of The Southern Company in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act.{{ FIELD }}Commercial Litigation and Other Disputes{{ FIELD }}Representing an international airline and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets{{ FIELD }}Representing Sea Island Company in “bet-the-company” challenging Sea Island’s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island.{{ FIELD }}Representing a large nuclear power provider in alleged antitrust price-fixing class action.{{ FIELD }}Led the defense of “bet-the-company” litigation for SCANA Corporation relating to the abandonment of SCANA’s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA’s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019.{{ FIELD }}Defended Georgia Power in a contract dispute involving alleged obligations to cover certain construction costs associated with the Plant Vogtle nuclear power units per the terms of certain agreements that govern the co-owners’ rights and obligations with respect to the project.{{ FIELD }}Prevailed on appeal on behalf of Global Payments Direct, Inc., a global financial technology services company, in the reversal of a $135 million verdict awarded by a jury in DeKalb County, Georgia, to Frontline Processing Corporation, an independent sales organization. King \u0026amp; Spalding’s comprehensive challenge of the jury’s verdict staved off a “windfall” recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia.{{ FIELD }}Represented AHS Residential, LLC, a Miami-based company that builds and operates multi-family housing across the U.S., in a breach of contract dispute involving an agreement to purchase 8.9 acres of land out of a larger tract in suburban Atlanta called “Assembly Yards.”{{ FIELD }}Served as lead counsel for AT\u0026amp;T in an international arbitration seeking to block enforcement of a multi-million dollar judgment obtained by a former executive in Argentina. In a complete victory, the arbitration panel, after an extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment.{{ FIELD }}Served as lead trial counsel for a New York based hedge fund in a jury trial in Superior Court of Fulton County. The client’s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense verdict and a verdict in his client’s favor on its counterclaims.{{ FIELD }}Served as lead trial counsel for an affiliate of Roark Capital, a leading private equity fund, in a trial in Delaware Chancery Court involving a post-acquisition tax dispute. David obtained a judgment in his client’s favor.{{ FIELD }}Defended more than a dozen AmLaw 200 firms against claims of legal malpractice, breach of fiduciary duty, and related claims.{{ FIELD }}David Balser tries high-stakes cases on behalf of Fortune 500 companies and other leading businesses in the financial services, telecommunications, energy, transportation, professional services, and private equity sectors. David is often called upon to handle clients’ most sensitive, complex, and enterprise-threatening matters. A Fellow of the American College of Trial Lawyers, David focuses on contract disputes, business torts, class actions and professional liability litigation. \nRanked by Chambers USA as a “Star Individual” for Commercial Litigation, David is praised by his peers and clients for his command of the courtroom and his leadership in bet-the-company cases:\n\n “He is the preeminent class action lawyer in town. On his feet he's amazing, he's every bit as good as the best.”\n“He has a mastery of law, a commanding presence and a real strategic approach to litigation.”\n“He can be tough as nails, but has great manner with clients. He's extraordinarily impressive.”\n“He is a bet-the-company litigator and a go-to. He might be the top bet-the-company litigator I've ever met.”\n“He's a trusted adviser through and through. David is a rockstar of a lawyer.”\n\nDavid’s creativity and collaborative style have earned him accolades such as Distinguished Leader by the Daily Report in 2022, which praised his “proven track record of creativity and collaboration [that] sets him apart from the competition.” He has also been named a “Litigation Star” by Benchmark Litigation and honored as a BTI Client Service All-Star. David’s reputation, built on excellence, strategy, and client trust, makes him a go-to lawyer for the most complex and consequential litigation challenges. \nDavid leads the firm’s nationwide class action practice and has defended more than 200 class actions, including many filed in the most plaintiff-friendly jurisdictions in the country. At the forefront of developing and litigating novel theories, David has been a trailblazer in shaping the evolving landscape of complex data breaches and has served as lead counsel on some of the most notable cases in U.S. history, including high-profile matters for Equifax and Capital One.\n  David L Balser Partner Band 1: Georgia: Commercial Litigation Chambers USA, 2006 - PRESENT “His proven track record of creativity and collaboration sets him apart from the competition.”  DISTINGUISHED LEADER, DAILY REPORT, 2022 \"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\"  Chambers USA 2023 “He is top in class action litigation\" CHAMBERS USA 2023 \"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\" CHAMBERS USA 2023 \"He's very solid in class actions, there's nobody better.” CHAMBERS USA 2023 Recommend in Cyber Law (including Data Privacy and Data Protection) THE LEGAL 500 UNITED STATES, 2022 “Bet the Company” Litigation, Commercial Litigation Best Lawyers in America U.S. “Litigation Star”  Benchmark Litigation, 2018 - PRESENT Top 100 Lawyers in Georgia Georgia Super Lawyers, 2012–Present 2018 BTI Client Service All-Star BTI, 2018 University of Pennsylvania University of Pennsylvania Law School University of Michigan University of Michigan Law School Georgia Law Clerk, Honorable Charles A. Moye, Jr., Chief Judge, U.S. District Court for the Northern District of Georgia Class Actions Currently defending Capital One in parallel consumer class action and regulatory actions alleging deceptive marketing and unfair practices related to interest rates on the bank’s 360 Savings and 360 Performance Savings products. Defended Capital One as lead counsel in over 60 consumer class actions relating to a data security incident announced in July 2019 involving approximately 100 million U.S. consumers. The firm obtained dismissal with prejudice of the alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services. Defended Equifax as lead counsel in the MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach. After more than a year and a half of contentious litigation, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit. Defended an international airline in a series of consumer class actions that were filed following the 2018 announcement of a cybersecurity incident involving a third-party vendor. Two of the cases were dismissed with prejudice, and the plaintiff in the third case discontinued the lawsuit. Representing DaVita Inc. in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court. Defending an international airline in a class action lawsuit in the Central District of California involving allegations of greenwashing and misrepresentation regarding the total environmental impact of its business operations and claims of carbon neutrality. Obtained favorable settlement in securities class action for Tivity Health, Inc. and certain current and former directors and officers regarding its $1.3B acquisition of Nutrisystem. As lead trial counsel, David successfully excluded Plaintiff’s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial. Secured dismissal of a putative nationwide class action in the District of New Jersey against Heartland Payment Systems, a subsidiary of Global Payments, over alleged excessive merchant fees. Convinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against Benefytt Technologies Inc., an insurance technology company. Obtained dismissal of consumer class actions for Novant Health, Inc. alleging failure to adequately safeguard patients’ personally identifiable information and personal health information and allowed the improper and unauthorized transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant’s use of the Meta tracking pixel on Novant’s website. Obtained dismissal of putative class action against Shutterfly, LLC arising from a ransomware attack bringing several claims, including under California’s Unfair Competition Laws and cause of action under the relatively new California Consumer Privacy Act. Defend Emory University in a COVID-19 related class action seeking tuition refunds and obtained dismissal of the plaintiff's claims for breach of express contract and unjust enrichment. Reached a favorable settlement for an international airline in a COVID-19 related class action seeking ticket refunds. Defeated class certification and obtained summary judgment for an international airline in a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance. Defeated class certification in $300 million consumer class action on behalf of affiliates of The Southern Company in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act. Commercial Litigation and Other Disputes Representing an international airline and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets Representing Sea Island Company in “bet-the-company” challenging Sea Island’s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island. Representing a large nuclear power provider in alleged antitrust price-fixing class action. Led the defense of “bet-the-company” litigation for SCANA Corporation relating to the abandonment of SCANA’s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA’s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019. Defended Georgia Power in a contract dispute involving alleged obligations to cover certain construction costs associated with the Plant Vogtle nuclear power units per the terms of certain agreements that govern the co-owners’ rights and obligations with respect to the project. Prevailed on appeal on behalf of Global Payments Direct, Inc., a global financial technology services company, in the reversal of a $135 million verdict awarded by a jury in DeKalb County, Georgia, to Frontline Processing Corporation, an independent sales organization. King \u0026amp; Spalding’s comprehensive challenge of the jury’s verdict staved off a “windfall” recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia. Represented AHS Residential, LLC, a Miami-based company that builds and operates multi-family housing across the U.S., in a breach of contract dispute involving an agreement to purchase 8.9 acres of land out of a larger tract in suburban Atlanta called “Assembly Yards.” Served as lead counsel for AT\u0026amp;T in an international arbitration seeking to block enforcement of a multi-million dollar judgment obtained by a former executive in Argentina. In a complete victory, the arbitration panel, after an extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment. Served as lead trial counsel for a New York based hedge fund in a jury trial in Superior Court of Fulton County. The client’s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense verdict and a verdict in his client’s favor on its counterclaims. Served as lead trial counsel for an affiliate of Roark Capital, a leading private equity fund, in a trial in Delaware Chancery Court involving a post-acquisition tax dispute. David obtained a judgment in his client’s favor. Defended more than a dozen AmLaw 200 firms against claims of legal malpractice, breach of fiduciary duty, and related claims.","searchable_name":"David L. Balser","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"2.0","total_score":0,"last_name":"beck","first_name":"lohr","middle_name":"a.","nick_name":"lohr","id":445014,"version":1,"owner_type":"Person","owner_id":3436,"payload":{"bio":"\u003cp\u003eLohr's practice focuses on high-stakes business disputes with an emphasis on antitrust matters and consumer protection matters. Lohr\u0026nbsp;represents clients in relation to high exposure civil litigation, including class actions, multi-district litigation, and matters with complex e-discovery issues. Lohr also represents clients in relation to government investigations and counsels clients regarding antitrust and consumer protection issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eLeadership and\u0026nbsp;Community Service\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eCenter for Puppetry Arts, Board member\u003c/p\u003e\n\u003cp\u003eGeorgia Lawyers for the Arts,\u0026nbsp;Board member\u003c/p\u003e\n\u003cp\u003eAtlanta Women's Foundation, Inspire Atlanta Leadership Program Class of 2019\u003c/p\u003e","slug":"lohr-beck","email":"lohr.beck@kslaw.com","phone":null,"matters":["\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eNovo Nordisk Inc.\u003c/strong\u003e\u0026nbsp;in a nationwide antitrust putative class action filed against pharmaceutical company manufacturers of diabetes medications alleging conspiracy to artificially fix prices of diabetes medications by agreeing to coordinate and eliminate, reduce, or limit the availability of Contract Pharmacy 340B Drug Discounts.\u003c/p\u003e","\u003cp\u003eDefense of \u003cstrong\u003eECI Management, LLC\u003c/strong\u003e in antitrust MDL proceeding in Nashville, Tennessee alleging that owners and managers of multifamily rental housing conspired to raise prices through use of algorithmic revenue management software.\u003c/p\u003e","\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eSix Continents Hotels, Inc.\u003c/strong\u003e\u0026nbsp;in a nationwide antitrust putative class action filed against Six Continents and other major hotel companies alleging that defendant hotel companies conspired to eliminate competition for branded keyword search advertising against each other, illegally raising consumers\u0026rsquo; costs to find and book hotel rooms, and seeking damages and injunctive relief under the Sherman Act.\u003c/p\u003e","\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eKemira Chemicals Inc.\u003c/strong\u003e\u0026nbsp;in MDL proceeding in Newark, New Jersey, alleging conspiracy to fix prices in sale of liquid aluminum sulfate.\u003c/p\u003e","\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eKan Am (US)\u003c/strong\u003e\u0026nbsp;in litigation filed by Simon Property Group affiliates in the Delaware Court of Chancery involving the interpretation of buy/sell provisions in joint venture agreements regarding major retail shopping malls throughout the United States.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":3205}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":4,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":5,"source":"capabilities"}],"is_active":true,"last_name":"Beck","nick_name":"Lohr","clerkships":[],"first_name":"Lohr","title_rank":9999,"updated_by":202,"law_schools":[{"id":659,"meta":{"degree":"J.D.","honors":"with honors, Order of the Coif","is_law_school":"1","graduation_date":"2014-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"A.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":"Lohr Beck is a partner at King \u0026 Spalding. Read more about her.","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eLohr's practice focuses on high-stakes business disputes with an emphasis on antitrust matters and consumer protection matters. Lohr\u0026nbsp;represents clients in relation to high exposure civil litigation, including class actions, multi-district litigation, and matters with complex e-discovery issues. Lohr also represents clients in relation to government investigations and counsels clients regarding antitrust and consumer protection issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eLeadership and\u0026nbsp;Community Service\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eCenter for Puppetry Arts, Board member\u003c/p\u003e\n\u003cp\u003eGeorgia Lawyers for the Arts,\u0026nbsp;Board member\u003c/p\u003e\n\u003cp\u003eAtlanta Women's Foundation, Inspire Atlanta Leadership Program Class of 2019\u003c/p\u003e","matters":["\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eNovo Nordisk Inc.\u003c/strong\u003e\u0026nbsp;in a nationwide antitrust putative class action filed against pharmaceutical company manufacturers of diabetes medications alleging conspiracy to artificially fix prices of diabetes medications by agreeing to coordinate and eliminate, reduce, or limit the availability of Contract Pharmacy 340B Drug Discounts.\u003c/p\u003e","\u003cp\u003eDefense of \u003cstrong\u003eECI Management, LLC\u003c/strong\u003e in antitrust MDL proceeding in Nashville, Tennessee alleging that owners and managers of multifamily rental housing conspired to raise prices through use of algorithmic revenue management software.\u003c/p\u003e","\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eSix Continents Hotels, Inc.\u003c/strong\u003e\u0026nbsp;in a nationwide antitrust putative class action filed against Six Continents and other major hotel companies alleging that defendant hotel companies conspired to eliminate competition for branded keyword search advertising against each other, illegally raising consumers\u0026rsquo; costs to find and book hotel rooms, and seeking damages and injunctive relief under the Sherman Act.\u003c/p\u003e","\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eKemira Chemicals Inc.\u003c/strong\u003e\u0026nbsp;in MDL proceeding in Newark, New Jersey, alleging conspiracy to fix prices in sale of liquid aluminum sulfate.\u003c/p\u003e","\u003cp\u003eDefense of\u0026nbsp;\u003cstrong\u003eKan Am (US)\u003c/strong\u003e\u0026nbsp;in litigation filed by Simon Property Group affiliates in the Delaware Court of Chancery involving the interpretation of buy/sell provisions in joint venture agreements regarding major retail shopping malls throughout the United States.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11787}]},"capability_group_id":3},"created_at":"2026-01-13T21:27:06.000Z","updated_at":"2026-01-13T21:27:06.000Z","searchable_text":"Beck{{ FIELD }}Defense of Novo Nordisk Inc. in a nationwide antitrust putative class action filed against pharmaceutical company manufacturers of diabetes medications alleging conspiracy to artificially fix prices of diabetes medications by agreeing to coordinate and eliminate, reduce, or limit the availability of Contract Pharmacy 340B Drug Discounts.{{ FIELD }}Defense of ECI Management, LLC in antitrust MDL proceeding in Nashville, Tennessee alleging that owners and managers of multifamily rental housing conspired to raise prices through use of algorithmic revenue management software.{{ FIELD }}Defense of Six Continents Hotels, Inc. in a nationwide antitrust putative class action filed against Six Continents and other major hotel companies alleging that defendant hotel companies conspired to eliminate competition for branded keyword search advertising against each other, illegally raising consumers’ costs to find and book hotel rooms, and seeking damages and injunctive relief under the Sherman Act.{{ FIELD }}Defense of Kemira Chemicals Inc. in MDL proceeding in Newark, New Jersey, alleging conspiracy to fix prices in sale of liquid aluminum sulfate.{{ FIELD }}Defense of Kan Am (US) in litigation filed by Simon Property Group affiliates in the Delaware Court of Chancery involving the interpretation of buy/sell provisions in joint venture agreements regarding major retail shopping malls throughout the United States.{{ FIELD }}Lohr's practice focuses on high-stakes business disputes with an emphasis on antitrust matters and consumer protection matters. Lohr represents clients in relation to high exposure civil litigation, including class actions, multi-district litigation, and matters with complex e-discovery issues. Lohr also represents clients in relation to government investigations and counsels clients regarding antitrust and consumer protection issues. \nLeadership and Community Service\nCenter for Puppetry Arts, Board member\nGeorgia Lawyers for the Arts, Board member\nAtlanta Women's Foundation, Inspire Atlanta Leadership Program Class of 2019 Lohr Beck lawyer Partner George Washington University George Washington University Law School Emory University Emory University School of Law Georgia Defense of Novo Nordisk Inc. in a nationwide antitrust putative class action filed against pharmaceutical company manufacturers of diabetes medications alleging conspiracy to artificially fix prices of diabetes medications by agreeing to coordinate and eliminate, reduce, or limit the availability of Contract Pharmacy 340B Drug Discounts. Defense of ECI Management, LLC in antitrust MDL proceeding in Nashville, Tennessee alleging that owners and managers of multifamily rental housing conspired to raise prices through use of algorithmic revenue management software. Defense of Six Continents Hotels, Inc. in a nationwide antitrust putative class action filed against Six Continents and other major hotel companies alleging that defendant hotel companies conspired to eliminate competition for branded keyword search advertising against each other, illegally raising consumers’ costs to find and book hotel rooms, and seeking damages and injunctive relief under the Sherman Act. Defense of Kemira Chemicals Inc. in MDL proceeding in Newark, New Jersey, alleging conspiracy to fix prices in sale of liquid aluminum sulfate. Defense of Kan Am (US) in litigation filed by Simon Property Group affiliates in the Delaware Court of Chancery involving the interpretation of buy/sell provisions in joint venture agreements regarding major retail shopping malls throughout the United States.","searchable_name":"Lohr A. Beck","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"2.0","total_score":0,"last_name":"blythe","first_name":"russell","middle_name":"e.","nick_name":"russell","id":448930,"version":1,"owner_type":"Person","owner_id":1853,"payload":{"bio":"\u003cp\u003eRussell Blythe, a partner in our Business Litigation practice, has two decades of experience representing companies, universities,\u0026nbsp;and other institutions in disputes involving patent infringement, trademark infringement, trade secrets, unfair competition, and false advertising. Russell is adept at efficiently handling matters of any scale, from counseling\u0026nbsp;on potential disputes to leading multi-venue litigation. Russell has been recognized by \u003cem\u003eChambers USA\u003c/em\u003e, \u003cem\u003eManaging IP\u003c/em\u003e, and \u003cem\u003eThe Best Lawyers in America\u003c/em\u003e as a leading lawyer for intellectual property litigation.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAn experienced litigator, Russell represents clients across\u0026nbsp;a variety of industries and technologies, including consumer products, food and beverage, hospitality, medical devices, pharmaceuticals, telecommunications, and polymer chemistry.\u003c/p\u003e\n\u003cp\u003eRussell is experienced in all phases of litigation, including federal district and appellate courts. He\u0026nbsp;is also registered to practice before the U.S. Patent and Trademark Office, where he has handled dozens of\u0026nbsp;\u003cem\u003einter partes\u003c/em\u003e reviews as an alternative to, or in parallel with, district court litigation.\u003c/p\u003e\n\u003cp\u003eIn addition to intellectual property matters, Russell counsels companies in complex false advertising disputes. He represents clients with matters before the National Advertising Division of the Better Business Bureau\u0026nbsp;and regularly consults on appropriate substantiation of advertising claims. His experience further includes actions brought by the Federal Trade Commission.\u003c/p\u003e\n\u003cp\u003eRussell is an eight-time recipient of our firm\u0026rsquo;s Pro Bono Service Award\u0026nbsp;and previously received Common Cause Georgia\u0026rsquo;s Outstanding Citizen Award. He is a member of the Georgia Tech IP Advisory Board and sits on the board of Communities in Schools of Georgia.\u003c/p\u003e","slug":"russell-blythe","email":"rblythe@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eBASF\u003c/strong\u003e\u0026nbsp;in patent infringement action relating to methods for electrolytic plating of copper onto semiconductor substrates. Representation included multiple arguments before the Patent Trial and Appeal Board and Federal Circuit, with the PTAB ultimately holding both patents asserted against BASF to be unpatentable and the Federal Circuit affirming.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eUniversity of Georgia Athletic Association\u003c/strong\u003e\u0026nbsp;in trademark infringement case against company marketing unauthorized apparel and other merchandise.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eVital Proteins\u003c/strong\u003e\u0026nbsp;in false advertising dispute against a competitor related to advertising for collagen supplements and celebrity endorsement.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSix Continents Hotels, Inc.\u003c/strong\u003e\u0026nbsp;in bringing trademark infringement and false advertising claims against an online travel agency.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eKimberly-Clark\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eAvanos Medical\u003c/strong\u003e\u0026nbsp;in a competitor false advertising suit regarding the labeling and advertising of Class II medical devices.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eWebroot\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eOpen Text\u003c/strong\u003e\u0026nbsp;in competitor-on-competitor patent cases against Trend Micro, CrowdStrike, Sophos Ltd., AO Kaspersky Lab, and Forcepoint involving antivirus and endpoint security software. Cases included proceedings in district court and Patent Trial and Appeal Board.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eNetflix\u003c/strong\u003e\u0026nbsp;and executive producers of\u0026nbsp;\u003cem\u003eOuter Banks\u003c/em\u003e\u0026nbsp;in obtaining dismissal of copyright infringement action.\u003c/p\u003e","\u003cp\u003eRepresented motion picture and television production company in trademark dispute against studio company.\u003c/p\u003e","\u003cp\u003eRepresented leading home automation and security company in successfully defending multiple patent suits.\u003c/p\u003e","\u003cp\u003eRepresented leading U.S. manufacturing company in successfully obtaining dismissal of false advertising complaint filed in federal court.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSuperior Essex\u003c/strong\u003e\u0026nbsp;against patent infringement claims related to high-speed telecommunications cables. Obtained summary judgment rulings that certain asserted patents were either not-infringed or invalid, and also that pre-suit damages were excluded for lack of patent marking. In a subsequent jury trial, the jury found that three additional asserted patents were invalid. One additional patent was found invalid after post-trial motions.\u003c/p\u003e","\u003cp\u003eRepresented leading data center company in patent and other intellectual property matters.\u003c/p\u003e","\u003cp\u003eRepresenting leading animal health company in connection with advertising matters.\u003c/p\u003e","\u003cp\u003eRepresenting major U.S. retailer in connection with patent clearance, licensing, and dispute matters.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":58}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":1,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":2,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":3,"source":"smartTags"},{"id":763,"guid":"763.smart_tags","index":4,"source":"smartTags"},{"id":1409,"guid":"1409.smart_tags","index":5,"source":"smartTags"}],"is_active":true,"last_name":"Blythe","nick_name":"Russell","clerkships":[],"first_name":"Russell","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"E.","name_suffix":"","recognitions":[{"title":"Georgia Rising Star in Intellectual Property Litigation ","detail":"Super Lawyers and Atlanta Magazine"}],"linked_in_url":"https://www.linkedin.com/in/russell-blythe-8ba62b/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eRussell Blythe, a partner in our Business Litigation practice, has two decades of experience representing companies, universities,\u0026nbsp;and other institutions in disputes involving patent infringement, trademark infringement, trade secrets, unfair competition, and false advertising. Russell is adept at efficiently handling matters of any scale, from counseling\u0026nbsp;on potential disputes to leading multi-venue litigation. Russell has been recognized by \u003cem\u003eChambers USA\u003c/em\u003e, \u003cem\u003eManaging IP\u003c/em\u003e, and \u003cem\u003eThe Best Lawyers in America\u003c/em\u003e as a leading lawyer for intellectual property litigation.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAn experienced litigator, Russell represents clients across\u0026nbsp;a variety of industries and technologies, including consumer products, food and beverage, hospitality, medical devices, pharmaceuticals, telecommunications, and polymer chemistry.\u003c/p\u003e\n\u003cp\u003eRussell is experienced in all phases of litigation, including federal district and appellate courts. He\u0026nbsp;is also registered to practice before the U.S. Patent and Trademark Office, where he has handled dozens of\u0026nbsp;\u003cem\u003einter partes\u003c/em\u003e reviews as an alternative to, or in parallel with, district court litigation.\u003c/p\u003e\n\u003cp\u003eIn addition to intellectual property matters, Russell counsels companies in complex false advertising disputes. He represents clients with matters before the National Advertising Division of the Better Business Bureau\u0026nbsp;and regularly consults on appropriate substantiation of advertising claims. His experience further includes actions brought by the Federal Trade Commission.\u003c/p\u003e\n\u003cp\u003eRussell is an eight-time recipient of our firm\u0026rsquo;s Pro Bono Service Award\u0026nbsp;and previously received Common Cause Georgia\u0026rsquo;s Outstanding Citizen Award. He is a member of the Georgia Tech IP Advisory Board and sits on the board of Communities in Schools of Georgia.\u003c/p\u003e","matters":["\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eBASF\u003c/strong\u003e\u0026nbsp;in patent infringement action relating to methods for electrolytic plating of copper onto semiconductor substrates. Representation included multiple arguments before the Patent Trial and Appeal Board and Federal Circuit, with the PTAB ultimately holding both patents asserted against BASF to be unpatentable and the Federal Circuit affirming.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eUniversity of Georgia Athletic Association\u003c/strong\u003e\u0026nbsp;in trademark infringement case against company marketing unauthorized apparel and other merchandise.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eVital Proteins\u003c/strong\u003e\u0026nbsp;in false advertising dispute against a competitor related to advertising for collagen supplements and celebrity endorsement.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSix Continents Hotels, Inc.\u003c/strong\u003e\u0026nbsp;in bringing trademark infringement and false advertising claims against an online travel agency.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eKimberly-Clark\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eAvanos Medical\u003c/strong\u003e\u0026nbsp;in a competitor false advertising suit regarding the labeling and advertising of Class II medical devices.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eWebroot\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eOpen Text\u003c/strong\u003e\u0026nbsp;in competitor-on-competitor patent cases against Trend Micro, CrowdStrike, Sophos Ltd., AO Kaspersky Lab, and Forcepoint involving antivirus and endpoint security software. Cases included proceedings in district court and Patent Trial and Appeal Board.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eNetflix\u003c/strong\u003e\u0026nbsp;and executive producers of\u0026nbsp;\u003cem\u003eOuter Banks\u003c/em\u003e\u0026nbsp;in obtaining dismissal of copyright infringement action.\u003c/p\u003e","\u003cp\u003eRepresented motion picture and television production company in trademark dispute against studio company.\u003c/p\u003e","\u003cp\u003eRepresented leading home automation and security company in successfully defending multiple patent suits.\u003c/p\u003e","\u003cp\u003eRepresented leading U.S. manufacturing company in successfully obtaining dismissal of false advertising complaint filed in federal court.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSuperior Essex\u003c/strong\u003e\u0026nbsp;against patent infringement claims related to high-speed telecommunications cables. Obtained summary judgment rulings that certain asserted patents were either not-infringed or invalid, and also that pre-suit damages were excluded for lack of patent marking. In a subsequent jury trial, the jury found that three additional asserted patents were invalid. One additional patent was found invalid after post-trial motions.\u003c/p\u003e","\u003cp\u003eRepresented leading data center company in patent and other intellectual property matters.\u003c/p\u003e","\u003cp\u003eRepresenting leading animal health company in connection with advertising matters.\u003c/p\u003e","\u003cp\u003eRepresenting major U.S. retailer in connection with patent clearance, licensing, and dispute matters.\u003c/p\u003e"],"recognitions":[{"title":"Georgia Rising Star in Intellectual Property Litigation ","detail":"Super Lawyers and Atlanta Magazine"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12832}]},"capability_group_id":3},"created_at":"2026-05-28T22:10:49.000Z","updated_at":"2026-05-28T22:10:49.000Z","searchable_text":"Blythe{{ FIELD }}{:title=\u0026gt;\"Georgia Rising Star in Intellectual Property Litigation \", :detail=\u0026gt;\"Super Lawyers and Atlanta Magazine\"}{{ FIELD }}Represented BASF in patent infringement action relating to methods for electrolytic plating of copper onto semiconductor substrates. Representation included multiple arguments before the Patent Trial and Appeal Board and Federal Circuit, with the PTAB ultimately holding both patents asserted against BASF to be unpatentable and the Federal Circuit affirming.{{ FIELD }}Represented University of Georgia Athletic Association in trademark infringement case against company marketing unauthorized apparel and other merchandise.{{ FIELD }}Represented Vital Proteins in false advertising dispute against a competitor related to advertising for collagen supplements and celebrity endorsement.{{ FIELD }}Represented Six Continents Hotels, Inc. in bringing trademark infringement and false advertising claims against an online travel agency.{{ FIELD }}Represented Kimberly-Clark and Avanos Medical in a competitor false advertising suit regarding the labeling and advertising of Class II medical devices.{{ FIELD }}Represented Webroot and Open Text in competitor-on-competitor patent cases against Trend Micro, CrowdStrike, Sophos Ltd., AO Kaspersky Lab, and Forcepoint involving antivirus and endpoint security software. Cases included proceedings in district court and Patent Trial and Appeal Board.{{ FIELD }}Represented Netflix and executive producers of Outer Banks in obtaining dismissal of copyright infringement action.{{ FIELD }}Represented motion picture and television production company in trademark dispute against studio company.{{ FIELD }}Represented leading home automation and security company in successfully defending multiple patent suits.{{ FIELD }}Represented leading U.S. manufacturing company in successfully obtaining dismissal of false advertising complaint filed in federal court.{{ FIELD }}Represented Superior Essex against patent infringement claims related to high-speed telecommunications cables. Obtained summary judgment rulings that certain asserted patents were either not-infringed or invalid, and also that pre-suit damages were excluded for lack of patent marking. In a subsequent jury trial, the jury found that three additional asserted patents were invalid. One additional patent was found invalid after post-trial motions.{{ FIELD }}Represented leading data center company in patent and other intellectual property matters.{{ FIELD }}Representing leading animal health company in connection with advertising matters.{{ FIELD }}Representing major U.S. retailer in connection with patent clearance, licensing, and dispute matters.{{ FIELD }}Russell Blythe, a partner in our Business Litigation practice, has two decades of experience representing companies, universities, and other institutions in disputes involving patent infringement, trademark infringement, trade secrets, unfair competition, and false advertising. Russell is adept at efficiently handling matters of any scale, from counseling on potential disputes to leading multi-venue litigation. Russell has been recognized by Chambers USA, Managing IP, and The Best Lawyers in America as a leading lawyer for intellectual property litigation. \nAn experienced litigator, Russell represents clients across a variety of industries and technologies, including consumer products, food and beverage, hospitality, medical devices, pharmaceuticals, telecommunications, and polymer chemistry.\nRussell is experienced in all phases of litigation, including federal district and appellate courts. He is also registered to practice before the U.S. Patent and Trademark Office, where he has handled dozens of inter partes reviews as an alternative to, or in parallel with, district court litigation.\nIn addition to intellectual property matters, Russell counsels companies in complex false advertising disputes. He represents clients with matters before the National Advertising Division of the Better Business Bureau and regularly consults on appropriate substantiation of advertising claims. His experience further includes actions brought by the Federal Trade Commission.\nRussell is an eight-time recipient of our firm’s Pro Bono Service Award and previously received Common Cause Georgia’s Outstanding Citizen Award. He is a member of the Georgia Tech IP Advisory Board and sits on the board of Communities in Schools of Georgia. Russell E Blythe Partner Georgia Rising Star in Intellectual Property Litigation  Super Lawyers and Atlanta Magazine Georgia Institute of Technology  University of Georgia University of Georgia School of Law U.S. Patent and Trademark Office Georgia Represented BASF in patent infringement action relating to methods for electrolytic plating of copper onto semiconductor substrates. Representation included multiple arguments before the Patent Trial and Appeal Board and Federal Circuit, with the PTAB ultimately holding both patents asserted against BASF to be unpatentable and the Federal Circuit affirming. Represented University of Georgia Athletic Association in trademark infringement case against company marketing unauthorized apparel and other merchandise. Represented Vital Proteins in false advertising dispute against a competitor related to advertising for collagen supplements and celebrity endorsement. Represented Six Continents Hotels, Inc. in bringing trademark infringement and false advertising claims against an online travel agency. Represented Kimberly-Clark and Avanos Medical in a competitor false advertising suit regarding the labeling and advertising of Class II medical devices. Represented Webroot and Open Text in competitor-on-competitor patent cases against Trend Micro, CrowdStrike, Sophos Ltd., AO Kaspersky Lab, and Forcepoint involving antivirus and endpoint security software. Cases included proceedings in district court and Patent Trial and Appeal Board. Represented Netflix and executive producers of Outer Banks in obtaining dismissal of copyright infringement action. Represented motion picture and television production company in trademark dispute against studio company. Represented leading home automation and security company in successfully defending multiple patent suits. Represented leading U.S. manufacturing company in successfully obtaining dismissal of false advertising complaint filed in federal court. Represented Superior Essex against patent infringement claims related to high-speed telecommunications cables. Obtained summary judgment rulings that certain asserted patents were either not-infringed or invalid, and also that pre-suit damages were excluded for lack of patent marking. In a subsequent jury trial, the jury found that three additional asserted patents were invalid. One additional patent was found invalid after post-trial motions. Represented leading data center company in patent and other intellectual property matters. Representing leading animal health company in connection with advertising matters. Representing major U.S. retailer in connection with patent clearance, licensing, and dispute matters.","searchable_name":"Russell E. Blythe","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"2.0","total_score":0,"last_name":"brumbaugh","first_name":"john","middle_name":"p.","nick_name":"pat","id":448836,"version":1,"owner_type":"Person","owner_id":679,"payload":{"bio":"\u003cp\u003ePat Brumbaugh represents attorneys and accountants when their most valuable asset is on the line: their reputation. Pat\u0026rsquo;s practice focuses on the representation of other professionals and their firms in all manner of litigation and in regulatory investigations and proceedings. A partner in our Professional Liability and Securities Enforcement and Regulation practices, Pat is both a seasoned litigator and a trusted counselor.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePat has represented issuers, accounting firms and underwriters in all manner of class action securities and shareholder derivative litigation. In addition, he has conducted internal investigations and represented clients before the Securities and Exchange Commission. In professional liability matters, Pat has represented other \u0026ldquo;Big Law\u0026rdquo; law firms and Big Four accounting firms in professional malpractice and related litigation\u003c/p\u003e\n\u003cp\u003ePat also serves as King \u0026amp; Spalding\u0026rsquo;s Co-General Counsel.\u003c/p\u003e","slug":"john-p-brumbaugh","email":"pbrumbaugh@kslaw.com","phone":"+1 404 664 2726","matters":["\u003cp\u003eDefended a l\u003cstrong data-redactor-tag=\"strong\"\u003earge Southeastern law firm\u003c/strong\u003e in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003eFlorida law firm\u003c/strong\u003e against allegations of fraud stemming from the firm\u0026rsquo;s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e in a legal malpractice action relating to the firm\u0026rsquo;s patent prosecution practice.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003eBig 4\u003c/strong\u003e accounting firm in multi-year SEC investigation.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel in\u0026nbsp;the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company.\u003c/p\u003e","\u003cp\u003eDefended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court.\u003c/p\u003e","\u003cp\u003eDefended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company\u0026rsquo;s acquisition.\u003c/p\u003e","\u003cp\u003eRepresented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003epro bono\u003c/em\u003e client\u003c/strong\u003e on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":10}]},"expertise":[{"id":18,"guid":"18.capabilities","index":0,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":3,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":4,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":5,"source":"capabilities"},{"id":80,"guid":"80.capabilities","index":6,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":7,"source":"capabilities"},{"id":684,"guid":"684.smart_tags","index":8,"source":"smartTags"},{"id":685,"guid":"685.smart_tags","index":9,"source":"smartTags"},{"id":686,"guid":"686.smart_tags","index":10,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":11,"source":"capabilities"},{"id":128,"guid":"128.capabilities","index":12,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":13,"source":"smartTags"}],"is_active":true,"last_name":"Brumbaugh","nick_name":"Pat","clerkships":[{"name":"Law Clerk, Hon. Peter T. Fay, U.S. Court of Appeals for the Eleventh Circuit","years_held":"1997 - 1998"}],"first_name":"John","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"P.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":119,"translated_fields":{"en":{"bio":"\u003cp\u003ePat Brumbaugh represents attorneys and accountants when their most valuable asset is on the line: their reputation. Pat\u0026rsquo;s practice focuses on the representation of other professionals and their firms in all manner of litigation and in regulatory investigations and proceedings. A partner in our Professional Liability and Securities Enforcement and Regulation practices, Pat is both a seasoned litigator and a trusted counselor.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePat has represented issuers, accounting firms and underwriters in all manner of class action securities and shareholder derivative litigation. In addition, he has conducted internal investigations and represented clients before the Securities and Exchange Commission. In professional liability matters, Pat has represented other \u0026ldquo;Big Law\u0026rdquo; law firms and Big Four accounting firms in professional malpractice and related litigation\u003c/p\u003e\n\u003cp\u003ePat also serves as King \u0026amp; Spalding\u0026rsquo;s Co-General Counsel.\u003c/p\u003e","matters":["\u003cp\u003eDefended a l\u003cstrong data-redactor-tag=\"strong\"\u003earge Southeastern law firm\u003c/strong\u003e in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003eFlorida law firm\u003c/strong\u003e against allegations of fraud stemming from the firm\u0026rsquo;s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e in a legal malpractice action relating to the firm\u0026rsquo;s patent prosecution practice.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003eBig 4\u003c/strong\u003e accounting firm in multi-year SEC investigation.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel in\u0026nbsp;the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company.\u003c/p\u003e","\u003cp\u003eDefended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court.\u003c/p\u003e","\u003cp\u003eDefended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company\u0026rsquo;s acquisition.\u003c/p\u003e","\u003cp\u003eRepresented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003epro bono\u003c/em\u003e client\u003c/strong\u003e on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":4193}]},"capability_group_id":3},"created_at":"2026-05-28T22:07:08.000Z","updated_at":"2026-05-28T22:07:08.000Z","searchable_text":"Brumbaugh{{ FIELD }}Defended a large Southeastern law firm in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment.{{ FIELD }}Defended a large Southeastern law firm against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation.{{ FIELD }}Defended a Florida law firm against allegations of fraud stemming from the firm’s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction.{{ FIELD }}Defended a large Southeastern law firm in a legal malpractice action relating to the firm’s patent prosecution practice.{{ FIELD }}Represented a Big 4 accounting firm in multi-year SEC investigation.{{ FIELD }}Served as lead trial counsel in the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company.{{ FIELD }}Defended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court.{{ FIELD }}Defended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company’s acquisition.{{ FIELD }}Represented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks.{{ FIELD }}Represented a pro bono client on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.{{ FIELD }}Pat Brumbaugh represents attorneys and accountants when their most valuable asset is on the line: their reputation. Pat’s practice focuses on the representation of other professionals and their firms in all manner of litigation and in regulatory investigations and proceedings. A partner in our Professional Liability and Securities Enforcement and Regulation practices, Pat is both a seasoned litigator and a trusted counselor.\nPat has represented issuers, accounting firms and underwriters in all manner of class action securities and shareholder derivative litigation. In addition, he has conducted internal investigations and represented clients before the Securities and Exchange Commission. In professional liability matters, Pat has represented other “Big Law” law firms and Big Four accounting firms in professional malpractice and related litigation\nPat also serves as King \u0026amp; Spalding’s Co-General Counsel. John Pat Brumbaugh Partner / General Counsel Dartmouth College  University of Michigan University of Michigan Law School U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Georgia Florida Georgia State Bar of Georgia The Florida Bar Law Clerk, Hon. Peter T. Fay, U.S. Court of Appeals for the Eleventh Circuit Defended a large Southeastern law firm in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment. Defended a large Southeastern law firm against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation. Defended a Florida law firm against allegations of fraud stemming from the firm’s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction. Defended a large Southeastern law firm in a legal malpractice action relating to the firm’s patent prosecution practice. Represented a Big 4 accounting firm in multi-year SEC investigation. Served as lead trial counsel in the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company. Defended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court. Defended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company’s acquisition. Represented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks. Represented a pro bono client on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.","searchable_name":"John P. Brumbaugh (Pat)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"2.0","total_score":0,"last_name":"buchbinder","first_name":"julian","middle_name":"b.","nick_name":"julian","id":426611,"version":1,"owner_type":"Person","owner_id":5253,"payload":{"bio":"\u003cp\u003eJulian has extensive experience in complex commercial real estate transactions, representing financial institutions and funds in single and multi-lender construction and permanent loans, mezzanine loans and other leveraged financings, including \u0026lsquo;loan-on-loan\u0026rsquo; transactions, on a regional and national basis.\u0026nbsp; In addition to his real estate finance practice, Julian represents both financial institutions and end-users in interest rate swaps and other derivatives transactions.\u003c/p\u003e","slug":"julian-buchbinder","email":"jbuchbinder@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing Program and the Brownfield Cleanup Program and a transfer of air rights.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of private equity fund as agent and lender in a $100 million syndicated construction loan for a mixed-use development in Denver, Colorado, including for-sale condominium, retail and residential apartment components, with additional funding from a subordinate loan made by a local municipality.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $100 million mortgage construction loan for the development of a hotel in Boston, Massachusetts, on a ground lease parcel granted by a local municipality.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of senior mortgage lender in a $30 million construction loan, funded pari passu with mezzanine financing, for the construction of a mixed-use, office and retail development in Atlanta, Georgia, benefitted by a partial-tax abatement structured through a \u0026lsquo;bonds-for-title\u0026rsquo; and sale-leaseback transaction.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government agency.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of publicly-traded lender in a $100 million term loan to a New York luxury apartment building benefited by a PILOT Agreement and subject to a lease-leaseback structure with an industrial development agency.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in a $115 million syndicated first mortgage loan to a luxury hotel in San Francisco, California, managed by an internationally-recognized brand.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of European bank in connection with nine interest rate swaps, cross-defaulted and cross-collateralized by a portfolio of mortgage loans aggregating $180 million, encumbering nine properties in four states.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of New York branch of European lender as letter of credit and interest rate swap provider with respect to $25 million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of prominent sugar trading company in connection with commodity swaps and FX 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transactions, representing financial institutions and funds in single and multi-lender construction and permanent loans, mezzanine loans and other leveraged financings, including \u0026lsquo;loan-on-loan\u0026rsquo; transactions, on a regional and national basis.\u0026nbsp; In addition to his real estate finance practice, Julian represents both financial institutions and end-users in interest rate swaps and other derivatives transactions.\u003c/p\u003e","matters":["\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing 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partial-tax abatement structured through a \u0026lsquo;bonds-for-title\u0026rsquo; and sale-leaseback transaction.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government 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million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of prominent sugar trading company in connection with commodity swaps and FX swaps.\u003c/em\u003e\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":6022}]},"capability_group_id":1},"created_at":"2025-05-26T04:55:18.000Z","updated_at":"2025-05-26T04:55:18.000Z","searchable_text":"Buchbinder{{ FIELD }}Representation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California.{{ FIELD }}Representation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing Program and the Brownfield Cleanup Program and a transfer of air rights.{{ FIELD }}Representation of private equity fund as agent and lender in a $100 million syndicated construction loan for a mixed-use development in Denver, Colorado, including for-sale condominium, retail and residential apartment components, with additional funding from a subordinate loan made by a local municipality.{{ FIELD }}Representation of agent/multi-national bank in connection with a $100 million mortgage construction loan for the development of a hotel in Boston, Massachusetts, on a ground lease parcel granted by a local municipality.{{ FIELD }}Representation of senior mortgage lender in a $30 million construction loan, funded pari passu with mezzanine financing, for the construction of a mixed-use, office and retail development in Atlanta, Georgia, benefitted by a partial-tax abatement structured through a ‘bonds-for-title’ and sale-leaseback transaction.{{ FIELD }}Representation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants.{{ FIELD }}Representation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers.{{ FIELD }}Representation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government agency.{{ FIELD }}Representation of publicly-traded lender in a $100 million term loan to a New York luxury apartment building benefited by a PILOT Agreement and subject to a lease-leaseback structure with an industrial development agency.{{ FIELD }}Representation of agent/multi-national bank in a $115 million syndicated first mortgage loan to a luxury hotel in San Francisco, California, managed by an internationally-recognized brand.{{ FIELD }}Representation of European bank in connection with nine interest rate swaps, cross-defaulted and cross-collateralized by a portfolio of mortgage loans aggregating $180 million, encumbering nine properties in four states.{{ FIELD }}Representation of New York branch of European lender as letter of credit and interest rate swap provider with respect to $25 million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit.{{ FIELD }}Representation of prominent sugar trading company in connection with commodity swaps and FX swaps.{{ FIELD }}Julian has extensive experience in complex commercial real estate transactions, representing financial institutions and funds in single and multi-lender construction and permanent loans, mezzanine loans and other leveraged financings, including ‘loan-on-loan’ transactions, on a regional and national basis.  In addition to his real estate finance practice, Julian represents both financial institutions and end-users in interest rate swaps and other derivatives transactions. Partner Drew University  Rutgers University-Newark Rutgers University School of Law-Newark New Jersey New York Representation of agent/multi-national bank in connection with a $206 million syndicated first mortgage construction loan for a prominent high rise in Los Angeles, California. Representation of agent/multi-national bank in connection with a $400 million syndicated construction loan for a multifamily rental project with ground floor retail on a ground lease in Manhattan, benefitted by tax incentives under the Affordable New York Housing Program and the Brownfield Cleanup Program and a transfer of air rights. Representation of private equity fund as agent and lender in a $100 million syndicated construction loan for a mixed-use development in Denver, Colorado, including for-sale condominium, retail and residential apartment components, with additional funding from a subordinate loan made by a local municipality. Representation of agent/multi-national bank in connection with a $100 million mortgage construction loan for the development of a hotel in Boston, Massachusetts, on a ground lease parcel granted by a local municipality. Representation of senior mortgage lender in a $30 million construction loan, funded pari passu with mezzanine financing, for the construction of a mixed-use, office and retail development in Atlanta, Georgia, benefitted by a partial-tax abatement structured through a ‘bonds-for-title’ and sale-leaseback transaction. Representation of lender in a $70 million first mortgage loan to refinance a New York City office building, featuring a ground lease and condominium structure to accommodate real estate tax exemptions for not-for-profit tenants, in addition to occupancy by for-profit tenants. Representation of lender in a $26 million New York construction loan for a luxury condominium building, with additional capital sources including a mezzanine loan and convertible debt from prospective condominium unit purchasers. Representation of lender in a $20 million term loan to a shopping center in Virginia subject to a ground lease with a government agency. Representation of publicly-traded lender in a $100 million term loan to a New York luxury apartment building benefited by a PILOT Agreement and subject to a lease-leaseback structure with an industrial development agency. Representation of agent/multi-national bank in a $115 million syndicated first mortgage loan to a luxury hotel in San Francisco, California, managed by an internationally-recognized brand. Representation of European bank in connection with nine interest rate swaps, cross-defaulted and cross-collateralized by a portfolio of mortgage loans aggregating $180 million, encumbering nine properties in four states. Representation of New York branch of European lender as letter of credit and interest rate swap provider with respect to $25 million of municipal bonds, with swap collateralized initially by a mortgage, and subsequently by an account pledge following termination of the letter of credit. Representation of prominent sugar trading company in connection with commodity swaps and FX swaps.","searchable_name":"Julian B. Buchbinder","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"1.0","total_score":0,"last_name":"baber","first_name":"bruce","middle_name":"w.","nick_name":"bruce","id":448851,"version":1,"owner_type":"Person","owner_id":123,"payload":{"bio":"\u003cp\u003eBruce Baber focuses his practice\u0026nbsp;in intellectual property, with an emphasis on litigation and other contested matters. A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\u003c/p\u003e\n\u003cp\u003eBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. 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A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\u003c/p\u003e\n\u003cp\u003eBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. 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He has also been listed in multiple editions of\u0026nbsp;\u003cem\u003eThe Best Lawyers in America\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe Legal 500\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe World Trademark Review WTR 1000 Guide to the World\u0026rsquo;s Leading Trademark Professionals\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe International Who\u0026rsquo;s Who of Trademark Lawyers\u003c/em\u003e, numerous\u0026nbsp;\u003cem\u003eSuper Lawyer\u003c/em\u003e\u0026nbsp;lists and other leading industry publications.\u003c/p\u003e\n\u003cp\u003eA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e\n\u003ch5\u003e\u003cbr /\u003eAdmitted only in Georgia.\u003c/h5\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9}]},"capability_group_id":3},"created_at":"2026-05-28T22:07:27.000Z","updated_at":"2026-05-28T22:07:27.000Z","searchable_text":"Baber{{ FIELD }}Bruce Baber focuses his practice in intellectual property, with an emphasis on litigation and other contested matters. A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.\nBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\nBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. He has been involved in many high-profile litigation matters and numerous major licensing- and other intellectual property-related corporate transactions, joint venture agreements and marketing agreements.\nFor many years, Bruce has been selected as a leading IP lawyer by Chambers USA. He has also been listed in multiple editions of The Best Lawyers in America, The Legal 500, The World Trademark Review WTR 1000 Guide to the World’s Leading Trademark Professionals, The International Who’s Who of Trademark Lawyers, numerous Super Lawyer lists and other leading industry publications.\nA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\n \nAdmitted only in Georgia. Bruce W Baber Partner Princeton University  Duke University Duke University School of Law Georgia American Bar Association State Bar of Georgia Atlanta Bar Association Best Lawyers In America.","searchable_name":"Bruce W. Baber","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"1.0","total_score":0,"last_name":"bassett","first_name":"w. randall","middle_name":" ","nick_name":"randy","id":449000,"version":1,"owner_type":"Person","owner_id":852,"payload":{"bio":"\u003cp\u003eRandy Bassett is a first chair trial lawyer, who has tried 40 cases to juries.\u0026nbsp; Randy has represented both foreign and domestic companies in federal and state courts across the United States in individual cases, multidistrict proceedings, and class actions. He focuses on the trial of high exposure cases on behalf of corporate defendants in difficult jurisdictions.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRandy has represented companies in a range of industries, including consumer products, pharmaceutical, transportation, technology. 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He also has handled appeals on behalf of clients in the Federal Circuit Court of Appeals for the Fourth, Sixth and Eleventh Circuits, and has appeared in the state appellate courts of Alabama, Florida, Georgia, North Carolina and Tennessee.\u003c/p\u003e\n\u003cp\u003eRecently, Randy relocated his practice to Miami, Florida, to establish King \u0026amp; Spalding\u0026rsquo;s office in Miami.\u0026nbsp; He serves as Managing Partner of the firm\u0026rsquo;s Miami office.\u003c/p\u003e","slug":"w-randall-bassett","email":"rbassett@kslaw.com","phone":null,"matters":["\u003cp\u003eServed as lead trial counsel for\u0026nbsp;\u003cstrong\u003eUnited Parcel Service\u003c/strong\u003e\u0026nbsp;in multiple wrongful death and personal injury lawsuits in Alabama, Florida and Texas.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for\u0026nbsp;\u003cstrong\u003eR.J. 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His clients include: \u003cstrong\u003eBrown-Forman Corporation, General Motors, Gilead Sciences,\u0026nbsp;Gol Linhas Aereas Inteligentes S.A., Imetric 4D, Logitech, Purdue Pharma LP, R.J. Reynolds Tobacco Company\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eUnited Parcel Service, Inc.\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRandy has handled cases throughout the United States with particular emphasis in jurisdictions designated \"judicial hellholes\" by the American Tort Reform Association. He has tried cases in the state courts of Alabama, Florida, Georgia, Texas and North Carolina and in the U.S. district courts for the Northern District of Georgia and Middle District of Florida. 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Reynolds\u003c/strong\u003e\u0026nbsp;in dozens of Engle progeny lawsuits in South Florida achieving results far below demands made by plaintiffs, including complete defense verdicts in Miami-Dade and Broward counties.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for\u0026nbsp;\u003cstrong\u003eGol Linhas Aereas Inteligentes, SA\u003c/strong\u003e\u0026nbsp;in a three-day virtual trial in Miami-Dade Circuit Court defending Gol from a breach of contract claim involving the sale of six 737 jet aircraft. The court entered judgment in favor of Gol on all claims, which was affirmed by the 3rd DCA in\u0026nbsp;\u003cem\u003eZGA Aircraft Leasing, Inc. v. Webjet Linhas Aereas, SA\u003c/em\u003e, No. 3D22-0320.\u003c/p\u003e"],"recognitions":[{"title":"Best Lawyers in America","detail":"2010–2016"},{"title":"Chambers USA","detail":"2010–2015"},{"title":"Legal 500","detail":"2010–2016"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5463}]},"capability_group_id":3},"created_at":"2026-06-01T22:01:45.000Z","updated_at":"2026-06-01T22:01:45.000Z","searchable_text":"Bassett{{ FIELD }}{:title=\u0026gt;\"Best Lawyers in America\", :detail=\u0026gt;\"2010–2016\"}{{ FIELD }}{:title=\u0026gt;\"Chambers USA\", :detail=\u0026gt;\"2010–2015\"}{{ FIELD }}{:title=\u0026gt;\"Legal 500\", :detail=\u0026gt;\"2010–2016\"}{{ FIELD }}Served as lead trial counsel for United Parcel Service in multiple wrongful death and personal injury lawsuits in Alabama, Florida and Texas.{{ FIELD }}Served as lead trial counsel for R.J. Reynolds in dozens of Engle progeny lawsuits in South Florida achieving results far below demands made by plaintiffs, including complete defense verdicts in Miami-Dade and Broward counties.{{ FIELD }}Served as lead trial counsel for Gol Linhas Aereas Inteligentes, SA in a three-day virtual trial in Miami-Dade Circuit Court defending Gol from a breach of contract claim involving the sale of six 737 jet aircraft. The court entered judgment in favor of Gol on all claims, which was affirmed by the 3rd DCA in ZGA Aircraft Leasing, Inc. v. Webjet Linhas Aereas, SA, No. 3D22-0320.{{ FIELD }}Randy Bassett is a first chair trial lawyer, who has tried 40 cases to juries.  Randy has represented both foreign and domestic companies in federal and state courts across the United States in individual cases, multidistrict proceedings, and class actions. He focuses on the trial of high exposure cases on behalf of corporate defendants in difficult jurisdictions.\nRandy has represented companies in a range of industries, including consumer products, pharmaceutical, transportation, technology. His clients include: Brown-Forman Corporation, General Motors, Gilead Sciences, Gol Linhas Aereas Inteligentes S.A., Imetric 4D, Logitech, Purdue Pharma LP, R.J. Reynolds Tobacco Company and United Parcel Service, Inc.\nRandy has handled cases throughout the United States with particular emphasis in jurisdictions designated \"judicial hellholes\" by the American Tort Reform Association. He has tried cases in the state courts of Alabama, Florida, Georgia, Texas and North Carolina and in the U.S. district courts for the Northern District of Georgia and Middle District of Florida. He also has handled appeals on behalf of clients in the Federal Circuit Court of Appeals for the Fourth, Sixth and Eleventh Circuits, and has appeared in the state appellate courts of Alabama, Florida, Georgia, North Carolina and Tennessee.\nRecently, Randy relocated his practice to Miami, Florida, to establish King \u0026amp; Spalding’s office in Miami.  He serves as Managing Partner of the firm’s Miami office. W Randall Bassett Partner Best Lawyers in America 2010–2016 Chambers USA 2010–2015 Legal 500 2010–2016 The Citadel  University of Georgia University of Georgia School of Law U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the District of Hawaii U.S. District Court for the Middle District of Florida U.S. District Court for the Northern District of Florida U.S. District Court for the Southern District of Florida U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Florida Georgia Hawaii American Bar Association Litigation Counsel of America American Bar Fellow State Bar of Georgia Lawyers Club of Atlanta Defense Research Institute State Bar of Florida Georgia Defense Lawyers Association International Association of Defense Counsel International Society of Barristers Product Liability Advisory Council Served as lead trial counsel for United Parcel Service in multiple wrongful death and personal injury lawsuits in Alabama, Florida and Texas. Served as lead trial counsel for R.J. Reynolds in dozens of Engle progeny lawsuits in South Florida achieving results far below demands made by plaintiffs, including complete defense verdicts in Miami-Dade and Broward counties. Served as lead trial counsel for Gol Linhas Aereas Inteligentes, SA in a three-day virtual trial in Miami-Dade Circuit Court defending Gol from a breach of contract claim involving the sale of six 737 jet aircraft. The court entered judgment in favor of Gol on all claims, which was affirmed by the 3rd DCA in ZGA Aircraft Leasing, Inc. v. Webjet Linhas Aereas, SA, No. 3D22-0320.","searchable_name":"W. Randall Bassett (Randy)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"match_score_text":"1.0","total_score":0,"last_name":"belenky","first_name":"erik","middle_name":" ","nick_name":"erik","id":447582,"version":1,"owner_type":"Person","owner_id":5626,"payload":{"bio":"\u003cp\u003eErik Belenky focuses on mergers and acquisitions, where he represents public and private companies, as well as private equity firms, in the full range of M\u0026amp;A activity, including significant acquisitions, divestitures, joint ventures, and other strategic transactions. Erik also has substantial experience counseling companies, including boards of directors and C-Suite executives, on takeover defense, proxy contests, shareholder activism and corporate governance. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eErik has advised numerous leading public and private companies on substantial M\u0026amp;A matters, such as Newell Brands, General Electric Company, Baker Hughes Company, 3M, Georgia-Pacific, RELX Group (formerly, Reed Elsevier), The Home Depot, United Parcel Service,\u0026nbsp;Xerox Holdings Corporation and Genuine Parts Company.\u0026nbsp; Recent representative transactions include acting for Newell Brands in its acquisition of Jarden Corporation; General Electric Company in the sale of its Small Industrial Motors business to Wolong Electric Group; 3M in its acquisition of Madison Fire \u0026amp; Rescue from Madison Industries, in partnership with Bain Capital; Baker Hughes Company in its acquisition of Continental Disc Corporation from Tinicum; Genuine Parts Company in its acquisition of Kaman Distribution Group; Mailchimp in its sale to\u0026nbsp;Intuit; Xerox in its tender offer and proxy fight for HP; and U.S. Xpress in its sale to\u0026nbsp;Knight-Swift Transportation.\u003c/p\u003e\n\u003cp\u003eFor the last 14\u0026nbsp;consecutive years, Erik has been listed as a top M\u0026amp;A attorney in \u003cem\u003eChambers USA\u003c/em\u003e.\u0026nbsp; He is also listed in M\u0026amp;A by \u003cem\u003eThe Legal 500 US\u003c/em\u003e and \u003cem\u003eBest Lawyers in America\u003c/em\u003e and has been recognized as a \"Client Service All Star MVP\" by\u0026nbsp;\u003cem\u003eBTI Consulting Group\u003c/em\u003e.\u003c/p\u003e\n\u003cp\u003eErik was formerly a member of the board of trustees of The Schenck School (an independent school in Atlanta, GA for children with dyslexia).\u003c/p\u003e","slug":"erik-belenky","email":"ebelenky@kslaw.com","phone":null,"matters":["\u003cp\u003eErik has extensive M\u0026amp;A experience across a broad range of industries. Representative transactions include:\u003c/p\u003e","\u003cp\u003eCONSUMER AND RETAIL\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eNouria Energy Corporation\u003c/strong\u003e, in its acquisition of Enmarket, a leading convenience store retailer in the Southeast, from Colonial Group, Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eNewell Brands Inc.\u003c/strong\u003e\u0026nbsp;in numerous transactions, including:\u003c/p\u003e\n\u003cp\u003eits $16 billion acquisition of Jarden Corporation\u003c/p\u003e\n\u003cp\u003ethe sale of its Pure Fishing to Sycamore Partners for approximately $1.3 billion\u003c/p\u003e\n\u003cp\u003eits sale of The Waddington Group to Novolex Holdings, a portfolio company of The Carlyle Group, for approximately $2.3 billion\u003c/p\u003e\n\u003cp\u003ethe $1.95 billion sale of its Tools business, including the Irwin\u0026reg;, Lenox\u0026reg;, and Hilmor\u0026reg; brands, to Stanley Black \u0026amp; Decker, Inc.\u003c/p\u003e\n\u003cp\u003ethe sale of The United States Playing Card Company to Cartamundi Group, a leading manufacturer and distributor of playing cards and board games\u003c/p\u003e\n\u003cp\u003ethe sale of its Process Solutions business to One Rock Capital Partners, LLC for $500 million\u003c/p\u003e\n\u003cp\u003ethe $395 million sale of Rawlings Sporting Goods Company, Inc. to Seidler Equity Partners and Major League Baseball -\u0026nbsp;\u003cem\u003eThe Daily Deal's\u003c/em\u003e\u0026nbsp;Most Innovative Middle Market Deal of the Year (2018)\u003c/p\u003e\n\u003cp\u003ethe sale of its Winter Sports businesses to Kohlberg \u0026amp; Company for $240 million\u003c/p\u003e\n\u003cp\u003ethe sale of its Pine Mountain\u0026reg; fire starters and fire logs business, and Diamond\u0026reg; matches, fire starters, lighters, toothpicks, and laundry business, to Royal Oak Enterprises, a leading manufacturer of charcoal and grilling products\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGenuine Parts Company\u003c/strong\u003e, in its announced plan to separate its automotive parts and industrial parts segments into two independent, publicly traded companies.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGenuine Parts Company\u003c/strong\u003e, in its acquisition of Motor Parts \u0026amp; Equipment Corporation, the largest independent owner of NAPA Auto Parts stores in the U.S.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe Home Depot\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003eits acquisition of The Litemore group of companies\u003c/p\u003e\n\u003cp\u003eits acquisition of Landmark Interiors\u003c/p\u003e\n\u003cp\u003eits acquisition of the Brafasco group of companies\u003c/p\u003e\n\u003cp\u003ethe sale of Chem-Dry carpet cleaning franchise chain\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eIQVentures Holdings\u003c/strong\u003e, in its pending $504 million acquisition of The Aaron's Company (NYSE: AAN), a leading lease-to-own retailer of appliances, electronics, furniture and home goods\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeorgia-Pacific\u003c/strong\u003e\u0026nbsp;in the sale of its joint venture interest in Vania and Polive (feminine products) to Johnson \u0026amp; Johnson\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eSweetwater Sound\u003c/strong\u003e, the nation's largest e-commerce retailer of musical instruments and pro audio equipment, in its growth equity investment by Providence Equity Partners\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eLes Enterprises Barrette Ltee\u003c/strong\u003e\u0026nbsp;in the sale of Barrette Outdoor Living (North America's leading manufacturer of wood-alternative fence and railing products) to TorQuest Partners and Caisse de d\u0026eacute;p\u0026ocirc;t et placement du Qu\u0026eacute;bec\u003c/p\u003e","\u003cp\u003eINDUSTRIALS\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGenuine Parts Company\u003c/strong\u003e\u0026nbsp;in its $1.3 billion acquisition of Kaman Distribution Group, a leading distributor of power transmission, automation and fluid power products\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBaker Hughes Company\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003ethe pending $1.45 billion sale of its Waygate Technologies business to Hexagon\u003c/p\u003e\n\u003cp\u003eits $540 million acquisition of Continental Disc Corporation, a leading provider of safety-critical pressure management solutions, from investment partnerships managed by Tinicum Incorporated\u003c/p\u003e\n\u003cp\u003eits acquisition of AccessESP, a provider of advanced technology for artificial lift solutions\u003c/p\u003e\n\u003cp\u003ethe sale of its specialty polymers business to SK Capital\u003c/p\u003e\n\u003cp\u003ethe sale of its A-C Compressor service and repair business to Rotating Machinery Services, Inc.\u003c/p\u003e\n\u003cp\u003ethe sale of its Rotoflow\u0026trade; turboexpander business to Air Products\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeneral Electric Company\u003c/strong\u003e\u0026nbsp;in a variety of transactions, including:\u003c/p\u003e\n\u003cp\u003ethe sale of the small industrial motors business of its Power Conversion division to Wolong Electric Group Co., Ltd.\u003c/p\u003e\n\u003cp\u003ethe sale of the Electric Machinery unit of its Converteam business to WEG\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeorgia-Pacific\u003c/strong\u003e\u0026nbsp;in in acquisition of Excel Displays \u0026amp; Packaging, a designer and manufacturer of point-of-purchase displays and industrial packaging\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMonstanto Company\u003c/strong\u003e\u0026nbsp;in its feed and processing joint venture with Cargill Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe Vincit Group\u003c/strong\u003e, a leading provider of food safety and pathogen control services for the protein industry, in its investment by Harvest Capital Partners\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e3M\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003eits pending $1.95 billion acquisition, in partnership with Bain Capital, of Madison Fire \u0026amp; Rescue from Madison Industries; in connection with the closing, 3M will contribute its Scott Safety business to the partnership\u003c/p\u003e\n\u003cp\u003ethe sale of its fused silica manufacturing business to Christy Minerals\u003c/p\u003e\n\u003cp\u003ethe sale to SIAT Group of 3M's 50% equity stake in Combi Packaging Systems (a producer and distributor of packaging machinery and spare parts)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eSuperior Essex\u003c/strong\u003e, in the formation of its global joint venture with Nexans, creating the world's largest manufacturer or magnet wire\u003c/p\u003e","\u003cp\u003eTECHNOLOGY\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMailchimp\u003c/strong\u003e, a leading email marketing company to small and mid-market businesses, in its $12 billion sale to Intuit. The transaction was the largest sale of a privately held software company in U.S. history\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eXerox Holdings Corporation\u003c/strong\u003e\u0026nbsp;in its tender offer and proxy fight for HP Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRELX Group plc\u0026nbsp;\u003c/strong\u003ein numerous transactions, including:\u003c/p\u003e\n\u003cp\u003eits acquisitions of SST Software, a precision agriculture information solutions company, and CDMS, a leading provider of compliance data and solutions to support agronomic recommendations and decisions\u003c/p\u003e\n\u003cp\u003ethe sale of a 51 percent stake in Reed Construction Data (RCD) to Warburg Pincus, and the sale of 100 percent of RSMeans to The Gordian Group, a Warburg Pincus portfolio company\u003c/p\u003e\n\u003cp\u003ethe acquisition of Chemical Data, a leading provider of US petrochemical price benchmarks and predictive analytics\u003c/p\u003e\n\u003cp\u003ethe acquisition of FlightStats, a leading flight status tracker\u003c/p\u003e\n\u003cp\u003eits acquisition of Intelligize, a leading provider of Securities and Exchange Commission intelligence and data solutions\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMonitise plc\u003c/strong\u003e, a provider of mobile banking technology services, in its acquisition of ClairMail\u003c/p\u003e","\u003cp\u003eENERGY\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBaker Hughes Company\u003c/strong\u003e\u0026nbsp;in the sale of its global Natural Gas Solutions (NGS) business to First Reserve\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeneral Electric Company\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003ethe acquisition of the Salof group of companies, designers of mini LNG and CO2 technologies and facilities\u003c/p\u003e\n\u003cp\u003ethe sale of its Industrial Air \u0026amp; Gas Technologies business to Colfax Corporation\u003c/p\u003e","\u003cp\u003eFINANCIAL SERVICES\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeneral Electric Company\u003c/strong\u003e\u0026nbsp;in the sale of its Commercial Distribution Finance, Vendor Finance, and Corporate Finance platforms to Wells Fargo \u0026amp; Co.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAmerican First Finance\u003c/strong\u003e, a leading virtual lease-to-own and retail finance provider, in its sale to FirstCash, Inc. for up to $1.47 billion in cash and stock\u003c/p\u003e","\u003cp\u003eCONSTRUCTION AND ENGINEERING\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeorgia Pacific\u003c/strong\u003e, in its acquisition of the Temple-Inland building products business from International Paper Company for $750 million\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eKamco Supply\u003c/strong\u003e, a leading supplier of ceilings, wallboard, steel, lumber, and related construction products, in its $317 million sale to GMS Inc. (NYSE: GMS)\u003c/p\u003e","\u003cp\u003eAVIATION, TRANSPORTATION AND LOGISTICS\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eU.S. Xpress Enterprises\u003c/strong\u003e\u0026nbsp;(NYSE: USX) in its sale to Knight-Swift Transportation (NYSE: KNX)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eARINC Incorporated\u003c/strong\u003e\u0026nbsp;and its shareholders, including multiple major airlines, in the sale of the company to The Carlyle Group\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eUnited Parcel Service\u003c/strong\u003e, in its acquisition of HTML Logistics\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eKoch Industries\u003c/strong\u003e, in its acquisition of The Chicago Fuels Terminal from DTE Energy\u003c/p\u003e","\u003cp\u003eHEALTHCARE\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eEDG Partners\u003c/strong\u003e, a private equity firm focused on small and middle market healthcare companies, in numerous acquisitions, divestitures, and growth equity investments\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGemino Healthcare Finance,\u0026nbsp;\u003c/strong\u003ea nationwide provider of asset based and term loans to small and mid-size healthcare service providers, in the company's sale to Solar Senior Capital Ltd.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":5169}]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":32,"guid":"32.capabilities","index":1,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":2,"source":"capabilities"},{"id":1141,"guid":"1141.smart_tags","index":3,"source":"smartTags"},{"id":118,"guid":"118.capabilities","index":4,"source":"capabilities"},{"id":126,"guid":"126.capabilities","index":5,"source":"capabilities"},{"id":1220,"guid":"1220.smart_tags","index":6,"source":"smartTags"},{"id":107,"guid":"107.capabilities","index":7,"source":"capabilities"}],"is_active":true,"last_name":"Belenky","nick_name":"Erik","clerkships":[],"first_name":"Erik","title_rank":9999,"updated_by":202,"law_schools":[{"id":613,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"1997-01-01 00:00:00"},"order":2,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Leading Dealmakers in America","detail":"Lawdragon 500 - 2025"},{"title":"BTI Client Service All Star","detail":"2021"},{"title":"Leader in M\u0026A ","detail":"Chambers USA "},{"title":"M\u0026A ","detail":"Legal 500 US "},{"title":"M\u0026A; Corporate Law ","detail":"Best Lawyers in Americas "},{"title":"Most Innovative Deal of the Year —  The Deal Awards Middle Market  ","detail":"The Deal, 2018"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eErik Belenky focuses on mergers and acquisitions, where he represents public and private companies, as well as private equity firms, in the full range of M\u0026amp;A activity, including significant acquisitions, divestitures, joint ventures, and other strategic transactions. Erik also has substantial experience counseling companies, including boards of directors and C-Suite executives, on takeover defense, proxy contests, shareholder activism and corporate governance. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eErik has advised numerous leading public and private companies on substantial M\u0026amp;A matters, such as Newell Brands, General Electric Company, Baker Hughes Company, 3M, Georgia-Pacific, RELX Group (formerly, Reed Elsevier), The Home Depot, United Parcel Service,\u0026nbsp;Xerox Holdings Corporation and Genuine Parts Company.\u0026nbsp; Recent representative transactions include acting for Newell Brands in its acquisition of Jarden Corporation; General Electric Company in the sale of its Small Industrial Motors business to Wolong Electric Group; 3M in its acquisition of Madison Fire \u0026amp; Rescue from Madison Industries, in partnership with Bain Capital; Baker Hughes Company in its acquisition of Continental Disc Corporation from Tinicum; Genuine Parts Company in its acquisition of Kaman Distribution Group; Mailchimp in its sale to\u0026nbsp;Intuit; Xerox in its tender offer and proxy fight for HP; and U.S. Xpress in its sale to\u0026nbsp;Knight-Swift Transportation.\u003c/p\u003e\n\u003cp\u003eFor the last 14\u0026nbsp;consecutive years, Erik has been listed as a top M\u0026amp;A attorney in \u003cem\u003eChambers USA\u003c/em\u003e.\u0026nbsp; He is also listed in M\u0026amp;A by \u003cem\u003eThe Legal 500 US\u003c/em\u003e and \u003cem\u003eBest Lawyers in America\u003c/em\u003e and has been recognized as a \"Client Service All Star MVP\" by\u0026nbsp;\u003cem\u003eBTI Consulting Group\u003c/em\u003e.\u003c/p\u003e\n\u003cp\u003eErik was formerly a member of the board of trustees of The Schenck School (an independent school in Atlanta, GA for children with dyslexia).\u003c/p\u003e","matters":["\u003cp\u003eErik has extensive M\u0026amp;A experience across a broad range of industries. Representative transactions include:\u003c/p\u003e","\u003cp\u003eCONSUMER AND RETAIL\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eNouria Energy Corporation\u003c/strong\u003e, in its acquisition of Enmarket, a leading convenience store retailer in the Southeast, from Colonial Group, Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eNewell Brands Inc.\u003c/strong\u003e\u0026nbsp;in numerous transactions, including:\u003c/p\u003e\n\u003cp\u003eits $16 billion acquisition of Jarden Corporation\u003c/p\u003e\n\u003cp\u003ethe sale of its Pure Fishing to Sycamore Partners for approximately $1.3 billion\u003c/p\u003e\n\u003cp\u003eits sale of The Waddington Group to Novolex Holdings, a portfolio company of The Carlyle Group, for approximately $2.3 billion\u003c/p\u003e\n\u003cp\u003ethe $1.95 billion sale of its Tools business, including the Irwin\u0026reg;, Lenox\u0026reg;, and Hilmor\u0026reg; brands, to Stanley Black \u0026amp; Decker, Inc.\u003c/p\u003e\n\u003cp\u003ethe sale of The United States Playing Card Company to Cartamundi Group, a leading manufacturer and distributor of playing cards and board games\u003c/p\u003e\n\u003cp\u003ethe sale of its Process Solutions business to One Rock Capital Partners, LLC for $500 million\u003c/p\u003e\n\u003cp\u003ethe $395 million sale of Rawlings Sporting Goods Company, Inc. to Seidler Equity Partners and Major League Baseball -\u0026nbsp;\u003cem\u003eThe Daily Deal's\u003c/em\u003e\u0026nbsp;Most Innovative Middle Market Deal of the Year (2018)\u003c/p\u003e\n\u003cp\u003ethe sale of its Winter Sports businesses to Kohlberg \u0026amp; Company for $240 million\u003c/p\u003e\n\u003cp\u003ethe sale of its Pine Mountain\u0026reg; fire starters and fire logs business, and Diamond\u0026reg; matches, fire starters, lighters, toothpicks, and laundry business, to Royal Oak Enterprises, a leading manufacturer of charcoal and grilling products\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGenuine Parts Company\u003c/strong\u003e, in its announced plan to separate its automotive parts and industrial parts segments into two independent, publicly traded companies.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGenuine Parts Company\u003c/strong\u003e, in its acquisition of Motor Parts \u0026amp; Equipment Corporation, the largest independent owner of NAPA Auto Parts stores in the U.S.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe Home Depot\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003eits acquisition of The Litemore group of companies\u003c/p\u003e\n\u003cp\u003eits acquisition of Landmark Interiors\u003c/p\u003e\n\u003cp\u003eits acquisition of the Brafasco group of companies\u003c/p\u003e\n\u003cp\u003ethe sale of Chem-Dry carpet cleaning franchise chain\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eIQVentures Holdings\u003c/strong\u003e, in its pending $504 million acquisition of The Aaron's Company (NYSE: AAN), a leading lease-to-own retailer of appliances, electronics, furniture and home goods\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeorgia-Pacific\u003c/strong\u003e\u0026nbsp;in the sale of its joint venture interest in Vania and Polive (feminine products) to Johnson \u0026amp; Johnson\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eSweetwater Sound\u003c/strong\u003e, the nation's largest e-commerce retailer of musical instruments and pro audio equipment, in its growth equity investment by Providence Equity Partners\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eLes Enterprises Barrette Ltee\u003c/strong\u003e\u0026nbsp;in the sale of Barrette Outdoor Living (North America's leading manufacturer of wood-alternative fence and railing products) to TorQuest Partners and Caisse de d\u0026eacute;p\u0026ocirc;t et placement du Qu\u0026eacute;bec\u003c/p\u003e","\u003cp\u003eINDUSTRIALS\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGenuine Parts Company\u003c/strong\u003e\u0026nbsp;in its $1.3 billion acquisition of Kaman Distribution Group, a leading distributor of power transmission, automation and fluid power products\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBaker Hughes Company\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003ethe pending $1.45 billion sale of its Waygate Technologies business to Hexagon\u003c/p\u003e\n\u003cp\u003eits $540 million acquisition of Continental Disc Corporation, a leading provider of safety-critical pressure management solutions, from investment partnerships managed by Tinicum Incorporated\u003c/p\u003e\n\u003cp\u003eits acquisition of AccessESP, a provider of advanced technology for artificial lift solutions\u003c/p\u003e\n\u003cp\u003ethe sale of its specialty polymers business to SK Capital\u003c/p\u003e\n\u003cp\u003ethe sale of its A-C Compressor service and repair business to Rotating Machinery Services, Inc.\u003c/p\u003e\n\u003cp\u003ethe sale of its Rotoflow\u0026trade; turboexpander business to Air Products\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeneral Electric Company\u003c/strong\u003e\u0026nbsp;in a variety of transactions, including:\u003c/p\u003e\n\u003cp\u003ethe sale of the small industrial motors business of its Power Conversion division to Wolong Electric Group Co., Ltd.\u003c/p\u003e\n\u003cp\u003ethe sale of the Electric Machinery unit of its Converteam business to WEG\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeorgia-Pacific\u003c/strong\u003e\u0026nbsp;in in acquisition of Excel Displays \u0026amp; Packaging, a designer and manufacturer of point-of-purchase displays and industrial packaging\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMonstanto Company\u003c/strong\u003e\u0026nbsp;in its feed and processing joint venture with Cargill Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe Vincit Group\u003c/strong\u003e, a leading provider of food safety and pathogen control services for the protein industry, in its investment by Harvest Capital Partners\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e3M\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003eits pending $1.95 billion acquisition, in partnership with Bain Capital, of Madison Fire \u0026amp; Rescue from Madison Industries; in connection with the closing, 3M will contribute its Scott Safety business to the partnership\u003c/p\u003e\n\u003cp\u003ethe sale of its fused silica manufacturing business to Christy Minerals\u003c/p\u003e\n\u003cp\u003ethe sale to SIAT Group of 3M's 50% equity stake in Combi Packaging Systems (a producer and distributor of packaging machinery and spare parts)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eSuperior Essex\u003c/strong\u003e, in the formation of its global joint venture with Nexans, creating the world's largest manufacturer or magnet wire\u003c/p\u003e","\u003cp\u003eTECHNOLOGY\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMailchimp\u003c/strong\u003e, a leading email marketing company to small and mid-market businesses, in its $12 billion sale to Intuit. The transaction was the largest sale of a privately held software company in U.S. history\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eXerox Holdings Corporation\u003c/strong\u003e\u0026nbsp;in its tender offer and proxy fight for HP Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRELX Group plc\u0026nbsp;\u003c/strong\u003ein numerous transactions, including:\u003c/p\u003e\n\u003cp\u003eits acquisitions of SST Software, a precision agriculture information solutions company, and CDMS, a leading provider of compliance data and solutions to support agronomic recommendations and decisions\u003c/p\u003e\n\u003cp\u003ethe sale of a 51 percent stake in Reed Construction Data (RCD) to Warburg Pincus, and the sale of 100 percent of RSMeans to The Gordian Group, a Warburg Pincus portfolio company\u003c/p\u003e\n\u003cp\u003ethe acquisition of Chemical Data, a leading provider of US petrochemical price benchmarks and predictive analytics\u003c/p\u003e\n\u003cp\u003ethe acquisition of FlightStats, a leading flight status tracker\u003c/p\u003e\n\u003cp\u003eits acquisition of Intelligize, a leading provider of Securities and Exchange Commission intelligence and data solutions\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMonitise plc\u003c/strong\u003e, a provider of mobile banking technology services, in its acquisition of ClairMail\u003c/p\u003e","\u003cp\u003eENERGY\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBaker Hughes Company\u003c/strong\u003e\u0026nbsp;in the sale of its global Natural Gas Solutions (NGS) business to First Reserve\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeneral Electric Company\u003c/strong\u003e\u0026nbsp;in multiple transactions, including:\u003c/p\u003e\n\u003cp\u003ethe acquisition of the Salof group of companies, designers of mini LNG and CO2 technologies and facilities\u003c/p\u003e\n\u003cp\u003ethe sale of its Industrial Air \u0026amp; Gas Technologies business to Colfax Corporation\u003c/p\u003e","\u003cp\u003eFINANCIAL SERVICES\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeneral Electric Company\u003c/strong\u003e\u0026nbsp;in the sale of its Commercial Distribution Finance, Vendor Finance, and Corporate Finance platforms to Wells Fargo \u0026amp; Co.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAmerican First Finance\u003c/strong\u003e, a leading virtual lease-to-own and retail finance provider, in its sale to FirstCash, Inc. for up to $1.47 billion in cash and stock\u003c/p\u003e","\u003cp\u003eCONSTRUCTION AND ENGINEERING\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGeorgia Pacific\u003c/strong\u003e, in its acquisition of the Temple-Inland building products business from International Paper Company for $750 million\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eKamco Supply\u003c/strong\u003e, a leading supplier of ceilings, wallboard, steel, lumber, and related construction products, in its $317 million sale to GMS Inc. (NYSE: GMS)\u003c/p\u003e","\u003cp\u003eAVIATION, TRANSPORTATION AND LOGISTICS\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eU.S. Xpress Enterprises\u003c/strong\u003e\u0026nbsp;(NYSE: USX) in its sale to Knight-Swift Transportation (NYSE: KNX)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eARINC Incorporated\u003c/strong\u003e\u0026nbsp;and its shareholders, including multiple major airlines, in the sale of the company to The Carlyle Group\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eUnited Parcel Service\u003c/strong\u003e, in its acquisition of HTML Logistics\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eKoch Industries\u003c/strong\u003e, in its acquisition of The Chicago Fuels Terminal from DTE Energy\u003c/p\u003e","\u003cp\u003eHEALTHCARE\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eEDG Partners\u003c/strong\u003e, a private equity firm focused on small and middle market healthcare companies, in numerous acquisitions, divestitures, and growth equity investments\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGemino Healthcare Finance,\u0026nbsp;\u003c/strong\u003ea nationwide provider of asset based and term loans to small and mid-size healthcare service providers, in the company's sale to Solar Senior Capital Ltd.\u003c/p\u003e"],"recognitions":[{"title":"Leading Dealmakers in America","detail":"Lawdragon 500 - 2025"},{"title":"BTI Client Service All Star","detail":"2021"},{"title":"Leader in M\u0026A ","detail":"Chambers USA "},{"title":"M\u0026A ","detail":"Legal 500 US "},{"title":"M\u0026A; Corporate Law ","detail":"Best Lawyers in Americas "},{"title":"Most Innovative Deal of the Year —  The Deal Awards Middle Market  ","detail":"The Deal, 2018"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":7246}]},"capability_group_id":1},"created_at":"2026-04-16T14:17:46.000Z","updated_at":"2026-04-16T14:17:46.000Z","searchable_text":"Belenky{{ FIELD }}{:title=\u0026gt;\"Leading Dealmakers in America\", :detail=\u0026gt;\"Lawdragon 500 - 2025\"}{{ FIELD }}{:title=\u0026gt;\"BTI Client Service All Star\", :detail=\u0026gt;\"2021\"}{{ FIELD }}{:title=\u0026gt;\"Leader in M\u0026amp;A \", :detail=\u0026gt;\"Chambers USA \"}{{ FIELD }}{:title=\u0026gt;\"M\u0026amp;A \", :detail=\u0026gt;\"Legal 500 US \"}{{ FIELD }}{:title=\u0026gt;\"M\u0026amp;A; Corporate Law \", :detail=\u0026gt;\"Best Lawyers in Americas \"}{{ FIELD }}{:title=\u0026gt;\"Most Innovative Deal of the Year —  The Deal Awards Middle Market  \", :detail=\u0026gt;\"The Deal, 2018\"}{{ FIELD }}Erik has extensive M\u0026amp;A experience across a broad range of industries. Representative transactions include:{{ FIELD }}CONSUMER AND RETAIL{{ FIELD }}Nouria Energy Corporation, in its acquisition of Enmarket, a leading convenience store retailer in the Southeast, from Colonial Group, Inc.{{ FIELD }}Newell Brands Inc. in numerous transactions, including:\nits $16 billion acquisition of Jarden Corporation\nthe sale of its Pure Fishing to Sycamore Partners for approximately $1.3 billion\nits sale of The Waddington Group to Novolex Holdings, a portfolio company of The Carlyle Group, for approximately $2.3 billion\nthe $1.95 billion sale of its Tools business, including the Irwin®, Lenox®, and Hilmor® brands, to Stanley Black \u0026amp; Decker, Inc.\nthe sale of The United States Playing Card Company to Cartamundi Group, a leading manufacturer and distributor of playing cards and board games\nthe sale of its Process Solutions business to One Rock Capital Partners, LLC for $500 million\nthe $395 million sale of Rawlings Sporting Goods Company, Inc. to Seidler Equity Partners and Major League Baseball - The Daily Deal's Most Innovative Middle Market Deal of the Year (2018)\nthe sale of its Winter Sports businesses to Kohlberg \u0026amp; Company for $240 million\nthe sale of its Pine Mountain® fire starters and fire logs business, and Diamond® matches, fire starters, lighters, toothpicks, and laundry business, to Royal Oak Enterprises, a leading manufacturer of charcoal and grilling products{{ FIELD }}Genuine Parts Company, in its announced plan to separate its automotive parts and industrial parts segments into two independent, publicly traded companies.{{ FIELD }}Genuine Parts Company, in its acquisition of Motor Parts \u0026amp; Equipment Corporation, the largest independent owner of NAPA Auto Parts stores in the U.S.{{ FIELD }}The Home Depot in multiple transactions, including:\nits acquisition of The Litemore group of companies\nits acquisition of Landmark Interiors\nits acquisition of the Brafasco group of companies\nthe sale of Chem-Dry carpet cleaning franchise chain{{ FIELD }}IQVentures Holdings, in its pending $504 million acquisition of The Aaron's Company (NYSE: AAN), a leading lease-to-own retailer of appliances, electronics, furniture and home goods{{ FIELD }}Georgia-Pacific in the sale of its joint venture interest in Vania and Polive (feminine products) to Johnson \u0026amp; Johnson{{ FIELD }}Sweetwater Sound, the nation's largest e-commerce retailer of musical instruments and pro audio equipment, in its growth equity investment by Providence Equity Partners{{ FIELD }}Les Enterprises Barrette Ltee in the sale of Barrette Outdoor Living (North America's leading manufacturer of wood-alternative fence and railing products) to TorQuest Partners and Caisse de dépôt et placement du Québec{{ FIELD }}INDUSTRIALS{{ FIELD }}Genuine Parts Company in its $1.3 billion acquisition of Kaman Distribution Group, a leading distributor of power transmission, automation and fluid power products{{ FIELD }}Baker Hughes Company in multiple transactions, including:\nthe pending $1.45 billion sale of its Waygate Technologies business to Hexagon\nits $540 million acquisition of Continental Disc Corporation, a leading provider of safety-critical pressure management solutions, from investment partnerships managed by Tinicum Incorporated\nits acquisition of AccessESP, a provider of advanced technology for artificial lift solutions\nthe sale of its specialty polymers business to SK Capital\nthe sale of its A-C Compressor service and repair business to Rotating Machinery Services, Inc.\nthe sale of its Rotoflow™ turboexpander business to Air Products\n {{ FIELD }}General Electric Company in a variety of transactions, including:\nthe sale of the small industrial motors business of its Power Conversion division to Wolong Electric Group Co., Ltd.\nthe sale of the Electric Machinery unit of its Converteam business to WEG{{ FIELD }}Georgia-Pacific in in acquisition of Excel Displays \u0026amp; Packaging, a designer and manufacturer of point-of-purchase displays and industrial packaging{{ FIELD }}Monstanto Company in its feed and processing joint venture with Cargill Inc.{{ FIELD }}The Vincit Group, a leading provider of food safety and pathogen control services for the protein industry, in its investment by Harvest Capital Partners{{ FIELD }}3M in multiple transactions, including:\nits pending $1.95 billion acquisition, in partnership with Bain Capital, of Madison Fire \u0026amp; Rescue from Madison Industries; in connection with the closing, 3M will contribute its Scott Safety business to the partnership\nthe sale of its fused silica manufacturing business to Christy Minerals\nthe sale to SIAT Group of 3M's 50% equity stake in Combi Packaging Systems (a producer and distributor of packaging machinery and spare parts){{ FIELD }}Superior Essex, in the formation of its global joint venture with Nexans, creating the world's largest manufacturer or magnet wire{{ FIELD }}TECHNOLOGY{{ FIELD }}Mailchimp, a leading email marketing company to small and mid-market businesses, in its $12 billion sale to Intuit. The transaction was the largest sale of a privately held software company in U.S. history{{ FIELD }}Xerox Holdings Corporation in its tender offer and proxy fight for HP Inc.{{ FIELD }}RELX Group plc in numerous transactions, including:\nits acquisitions of SST Software, a precision agriculture information solutions company, and CDMS, a leading provider of compliance data and solutions to support agronomic recommendations and decisions\nthe sale of a 51 percent stake in Reed Construction Data (RCD) to Warburg Pincus, and the sale of 100 percent of RSMeans to The Gordian Group, a Warburg Pincus portfolio company\nthe acquisition of Chemical Data, a leading provider of US petrochemical price benchmarks and predictive analytics\nthe acquisition of FlightStats, a leading flight status tracker\nits acquisition of Intelligize, a leading provider of Securities and Exchange Commission intelligence and data solutions{{ FIELD }}Monitise plc, a provider of mobile banking technology services, in its acquisition of ClairMail{{ FIELD }}ENERGY{{ FIELD }}Baker Hughes Company in the sale of its global Natural Gas Solutions (NGS) business to First Reserve{{ FIELD }}General Electric Company in multiple transactions, including:\nthe acquisition of the Salof group of companies, designers of mini LNG and CO2 technologies and facilities\nthe sale of its Industrial Air \u0026amp; Gas Technologies business to Colfax Corporation{{ FIELD }}FINANCIAL SERVICES{{ FIELD }}General Electric Company in the sale of its Commercial Distribution Finance, Vendor Finance, and Corporate Finance platforms to Wells Fargo \u0026amp; Co.{{ FIELD }}American First Finance, a leading virtual lease-to-own and retail finance provider, in its sale to FirstCash, Inc. for up to $1.47 billion in cash and stock{{ FIELD }}CONSTRUCTION AND ENGINEERING{{ FIELD }}Georgia Pacific, in its acquisition of the Temple-Inland building products business from International Paper Company for $750 million{{ FIELD }}Kamco Supply, a leading supplier of ceilings, wallboard, steel, lumber, and related construction products, in its $317 million sale to GMS Inc. (NYSE: GMS){{ FIELD }}AVIATION, TRANSPORTATION AND LOGISTICS{{ FIELD }}U.S. Xpress Enterprises (NYSE: USX) in its sale to Knight-Swift Transportation (NYSE: KNX){{ FIELD }}ARINC Incorporated and its shareholders, including multiple major airlines, in the sale of the company to The Carlyle Group{{ FIELD }}United Parcel Service, in its acquisition of HTML Logistics{{ FIELD }}Koch Industries, in its acquisition of The Chicago Fuels Terminal from DTE Energy{{ FIELD }}HEALTHCARE{{ FIELD }}EDG Partners, a private equity firm focused on small and middle market healthcare companies, in numerous acquisitions, divestitures, and growth equity investments{{ FIELD }}Gemino Healthcare Finance, a nationwide provider of asset based and term loans to small and mid-size healthcare service providers, in the company's sale to Solar Senior Capital Ltd.{{ FIELD }}Erik Belenky focuses on mergers and acquisitions, where he represents public and private companies, as well as private equity firms, in the full range of M\u0026amp;A activity, including significant acquisitions, divestitures, joint ventures, and other strategic transactions. Erik also has substantial experience counseling companies, including boards of directors and C-Suite executives, on takeover defense, proxy contests, shareholder activism and corporate governance. \nErik has advised numerous leading public and private companies on substantial M\u0026amp;A matters, such as Newell Brands, General Electric Company, Baker Hughes Company, 3M, Georgia-Pacific, RELX Group (formerly, Reed Elsevier), The Home Depot, United Parcel Service, Xerox Holdings Corporation and Genuine Parts Company.  Recent representative transactions include acting for Newell Brands in its acquisition of Jarden Corporation; General Electric Company in the sale of its Small Industrial Motors business to Wolong Electric Group; 3M in its acquisition of Madison Fire \u0026amp; Rescue from Madison Industries, in partnership with Bain Capital; Baker Hughes Company in its acquisition of Continental Disc Corporation from Tinicum; Genuine Parts Company in its acquisition of Kaman Distribution Group; Mailchimp in its sale to Intuit; Xerox in its tender offer and proxy fight for HP; and U.S. Xpress in its sale to Knight-Swift Transportation.\nFor the last 14 consecutive years, Erik has been listed as a top M\u0026amp;A attorney in Chambers USA.  He is also listed in M\u0026amp;A by The Legal 500 US and Best Lawyers in America and has been recognized as a \"Client Service All Star MVP\" by BTI Consulting Group.\nErik was formerly a member of the board of trustees of The Schenck School (an independent school in Atlanta, GA for children with dyslexia). Erik Belenky lawyer Partner Leading Dealmakers in America Lawdragon 500 - 2025 BTI Client Service All Star 2021 Leader in M\u0026amp;A  Chambers USA  M\u0026amp;A  Legal 500 US  M\u0026amp;A; Corporate Law  Best Lawyers in Americas  Most Innovative Deal of the Year —  The Deal Awards Middle Market   The Deal, 2018 Colby College  London School of Economics and Political Science, UK  Duke University Duke University School of Law Georgia Erik has extensive M\u0026amp;A experience across a broad range of industries. Representative transactions include: CONSUMER AND RETAIL Nouria Energy Corporation, in its acquisition of Enmarket, a leading convenience store retailer in the Southeast, from Colonial Group, Inc. Newell Brands Inc. in numerous transactions, including:\nits $16 billion acquisition of Jarden Corporation\nthe sale of its Pure Fishing to Sycamore Partners for approximately $1.3 billion\nits sale of The Waddington Group to Novolex Holdings, a portfolio company of The Carlyle Group, for approximately $2.3 billion\nthe $1.95 billion sale of its Tools business, including the Irwin®, Lenox®, and Hilmor® brands, to Stanley Black \u0026amp; Decker, Inc.\nthe sale of The United States Playing Card Company to Cartamundi Group, a leading manufacturer and distributor of playing cards and board games\nthe sale of its Process Solutions business to One Rock Capital Partners, LLC for $500 million\nthe $395 million sale of Rawlings Sporting Goods Company, Inc. to Seidler Equity Partners and Major League Baseball - The Daily Deal's Most Innovative Middle Market Deal of the Year (2018)\nthe sale of its Winter Sports businesses to Kohlberg \u0026amp; Company for $240 million\nthe sale of its Pine Mountain® fire starters and fire logs business, and Diamond® matches, fire starters, lighters, toothpicks, and laundry business, to Royal Oak Enterprises, a leading manufacturer of charcoal and grilling products Genuine Parts Company, in its announced plan to separate its automotive parts and industrial parts segments into two independent, publicly traded companies. Genuine Parts Company, in its acquisition of Motor Parts \u0026amp; Equipment Corporation, the largest independent owner of NAPA Auto Parts stores in the U.S. The Home Depot in multiple transactions, including:\nits acquisition of The Litemore group of companies\nits acquisition of Landmark Interiors\nits acquisition of the Brafasco group of companies\nthe sale of Chem-Dry carpet cleaning franchise chain IQVentures Holdings, in its pending $504 million acquisition of The Aaron's Company (NYSE: AAN), a leading lease-to-own retailer of appliances, electronics, furniture and home goods Georgia-Pacific in the sale of its joint venture interest in Vania and Polive (feminine products) to Johnson \u0026amp; Johnson Sweetwater Sound, the nation's largest e-commerce retailer of musical instruments and pro audio equipment, in its growth equity investment by Providence Equity Partners Les Enterprises Barrette Ltee in the sale of Barrette Outdoor Living (North America's leading manufacturer of wood-alternative fence and railing products) to TorQuest Partners and Caisse de dépôt et placement du Québec INDUSTRIALS Genuine Parts Company in its $1.3 billion acquisition of Kaman Distribution Group, a leading distributor of power transmission, automation and fluid power products Baker Hughes Company in multiple transactions, including:\nthe pending $1.45 billion sale of its Waygate Technologies business to Hexagon\nits $540 million acquisition of Continental Disc Corporation, a leading provider of safety-critical pressure management solutions, from investment partnerships managed by Tinicum Incorporated\nits acquisition of AccessESP, a provider of advanced technology for artificial lift solutions\nthe sale of its specialty polymers business to SK Capital\nthe sale of its A-C Compressor service and repair business to Rotating Machinery Services, Inc.\nthe sale of its Rotoflow™ turboexpander business to Air Products\n  General Electric Company in a variety of transactions, including:\nthe sale of the small industrial motors business of its Power Conversion division to Wolong Electric Group Co., Ltd.\nthe sale of the Electric Machinery unit of its Converteam business to WEG Georgia-Pacific in in acquisition of Excel Displays \u0026amp; Packaging, a designer and manufacturer of point-of-purchase displays and industrial packaging Monstanto Company in its feed and processing joint venture with Cargill Inc. The Vincit Group, a leading provider of food safety and pathogen control services for the protein industry, in its investment by Harvest Capital Partners 3M in multiple transactions, including:\nits pending $1.95 billion acquisition, in partnership with Bain Capital, of Madison Fire \u0026amp; Rescue from Madison Industries; in connection with the closing, 3M will contribute its Scott Safety business to the partnership\nthe sale of its fused silica manufacturing business to Christy Minerals\nthe sale to SIAT Group of 3M's 50% equity stake in Combi Packaging Systems (a producer and distributor of packaging machinery and spare parts) Superior Essex, in the formation of its global joint venture with Nexans, creating the world's largest manufacturer or magnet wire TECHNOLOGY Mailchimp, a leading email marketing company to small and mid-market businesses, in its $12 billion sale to Intuit. The transaction was the largest sale of a privately held software company in U.S. history Xerox Holdings Corporation in its tender offer and proxy fight for HP Inc. RELX Group plc in numerous transactions, including:\nits acquisitions of SST Software, a precision agriculture information solutions company, and CDMS, a leading provider of compliance data and solutions to support agronomic recommendations and decisions\nthe sale of a 51 percent stake in Reed Construction Data (RCD) to Warburg Pincus, and the sale of 100 percent of RSMeans to The Gordian Group, a Warburg Pincus portfolio company\nthe acquisition of Chemical Data, a leading provider of US petrochemical price benchmarks and predictive analytics\nthe acquisition of FlightStats, a leading flight status tracker\nits acquisition of Intelligize, a leading provider of Securities and Exchange Commission intelligence and data solutions Monitise plc, a provider of mobile banking technology services, in its acquisition of ClairMail ENERGY Baker Hughes Company in the sale of its global Natural Gas Solutions (NGS) business to First Reserve General Electric Company in multiple transactions, including:\nthe acquisition of the Salof group of companies, designers of mini LNG and CO2 technologies and facilities\nthe sale of its Industrial Air \u0026amp; Gas Technologies business to Colfax Corporation FINANCIAL SERVICES General Electric Company in the sale of its Commercial Distribution Finance, Vendor Finance, and Corporate Finance platforms to Wells Fargo \u0026amp; Co. American First Finance, a leading virtual lease-to-own and retail finance provider, in its sale to FirstCash, Inc. for up to $1.47 billion in cash and stock CONSTRUCTION AND ENGINEERING Georgia Pacific, in its acquisition of the Temple-Inland building products business from International Paper Company for $750 million Kamco Supply, a leading supplier of ceilings, wallboard, steel, lumber, and related construction products, in its $317 million sale to GMS Inc. (NYSE: GMS) AVIATION, TRANSPORTATION AND LOGISTICS U.S. Xpress Enterprises (NYSE: USX) in its sale to Knight-Swift Transportation (NYSE: KNX) ARINC Incorporated and its shareholders, including multiple major airlines, in the sale of the company to The Carlyle Group United Parcel Service, in its acquisition of HTML Logistics Koch Industries, in its acquisition of The Chicago Fuels Terminal from DTE Energy HEALTHCARE EDG Partners, a private equity firm focused on small and middle market healthcare companies, in numerous acquisitions, divestitures, and growth equity investments Gemino Healthcare Finance, a nationwide provider of asset based and term loans to small and mid-size healthcare service providers, in the company's sale to Solar Senior Capital Ltd.","searchable_name":"Erik Belenky","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null}]}}