Larry Bracken has more than 30 years of experience litigating and investigating class action, technology, insurance, environmental and commercial matters.

Larry has represented clients in federal and state courts throughout the United States in a broad range of cases, particularly the litigation of class actions and other cases involving allegations of unfair and deceptive trade practices, alleged violations of business statutes and regulations, related business torts, environmental matters, and complex contract disputes. Larry also has extensive experience representing technology companies and their customers in litigation and investigations involving technology service and IT infrastructure agreements; licensing; cyber security and privacy issues; and alleged misappropriation of trade secrets. His clients include providers and purchasers of technology products and services, major banks and commercial lenders, consumer finance companies and other businesses in the financial services industry, petroleum pipeline companies, retailers, electric utilities, and municipalities.

In addition, Larry has negotiated, arbitrated and litigated more than 500 insurance coverage matters involving general and excess liability, D&O liability, E&O, technology E&O, cyber and data security, property, business interruption and time element, pollution liability, inland marine, and other insurance. 

Larry is admitted to practice in Georgia, New York and Virginia, as well as before the U.S. Courts of Appeals for the Fourth, Seventh, Ninth and Eleventh Circuits, the U.S. District Courts for the Northern and Middle Districts of Georgia, the Southern District of New York, the Eastern and Western Districts of Virginia, and the Eastern District of Wisconsin. After earning his law degree, he served as a law clerk for the Honorable D. Dortch Warriner of the U.S. District Court for the Eastern District of Virginia.

Relevant Experience

  • Class action practice concentrates on the defense of unfair trade practice/false advertising claims, privacy and data security issues, consumer class actions, and environmental claims.
  • Advising major petroleum pipeline company about insurance coverage issues arising out of recent accidents and environmental incidents. Also advising the client about potential recoveries from contractors’ insurers and additional insured coverage.
  • Advising one of the U.S.’s largest energy infrastructure companies concerning insurance coverage issues arising out of petrochemical plant explosion. Assisted client in recovering more than $200 million from liability insurers.
  • Advising major U.S. electric utility concerning insurance coverage for alleged emissions from power generation plants.
  • Litigating claim to recover defense costs and amounts paid to settle class claims concerning allegedly improper bank fees and assessments.
  • Advising major REIT concerning first-party insurance coverage issues arising out of property damage and construction errors at residential housing complex.
  • Advising U.S. energy company about insurance coverage issues arising from U.S. Attorney investigation of alleged mining regulation violations.
  • Represented municipality in litigation involving municipality’s commercial property policy seeking reimbursement for flood-related property damage and extra expense. Recovered $13.7 million on client’s behalf.
  • Represents clients in dispute resolution and litigation involving outsourcing, IT infrastructure and other technology service agreements; alleged breaches of consumer agreements and consumer protection laws; allegations of trade secret misappropriation (often including alleged breach of confidentiality or non-disclosure terms); and privacy and data security issues. Clients include customers of IT infrastructure providers and software development companies, technology companies, manufacturers, public entities, international banks, consumer lenders, retailers and electric utilities.
  • Represents companies in the investigation of privacy issues, actual and threatened cyber security events, cyber intrusions and cyber extortion, as well as in the defense of class actions and other claims arising from such events. Advises clients regarding the management of litigation and other risks arising from cyber security and privacy issues.
  • Represented clients in more than 75 environmental and petroleum pipeline industry litigation matters, involving claims asserted under CERCLA, RCRA, Clean Water Act, Oil Pollution Act of 1990, Pipeline Safety Act and other federal statutes, as well as related state statutes and common law.
  • Defended Fortune 50 financial services company in suit by IT infrastructure provider alleging breach of a technology services outsourcing contract. Conducted fast-track discovery and obtained summary judgment for client on vast majority of issues, resulting in favorable settlement of the few remaining claims.
  • Represent major manufacturing company in dispute with IT infrastructure provider regarding outsourced technology services. Case is currently in litigation.
  • Have advised multiple Fortune 500 clients in confidential negotiations and dispute resolution procedures arising from IT infrastructure and technology services agreements.
  • Represented electric power company in dispute with engineering/construction firm regarding construction of biomass-burning power plant. Obtained favorable settlement for client prior to trial.
  • Defended national homebuilder and its affiliated mortgage company in defense of purported nationwide class action asserting violations of California Business & Professions Code §§ 17200 and 17500, as well as common law causes of action, alleging a scheme to increase home sale prices through improper practices and nondisclosures in the brokering and arranging subprime mortgages. All claims were dismissed on standing and Rule 12(b)(6) grounds before discovery commenced.
  • Represented nation's largest residential mortgage lender and one of the nation’s largest banks in putative class action seeking statutory damages for alleged failures to cancel mortgage instruments within statutory period. Negotiated favorable settlement prior to class certification decision.
  • Represented Fortune 50 company in a 226,000-member consumer class action in which plaintiff alleged false advertising and violation of unfair trade practices statutes in the advertising and sale of consumer electronics products. Obtained defense verdict after a three-week trial.
  • Represented Fortune 50 company in multiple consumer class actions in nine different jurisdictions, involving allegations of unfair trade practices in the advertising and sale of consumer electronics and computer products.
  • Represented a national grocery store chain in a privacy class action in which plaintiff asserts violations of state consumer tampering statute, as well as common law claims. The putative class claims that the defendant's website utilized flash cookies to track plaintiff's web browsing activities.
  • Represented major payment processor in data breach class action. Case resolved favorably for client prior to discovery and after all except a single count of the complaint were dismissed on motions. The matter involved issues of first impression concerning standing and substantive causes of action.
  • After cyber intrusion at major payment processor client, advised client concerning risk mitigation procedures and preparation for potential litigation claims by customers and consumers.
  • Defended suit alleging misappropriation of trade secrets by global software development company in the development of health insurance claims software. Led external legal team that assisted client’s General Counsel in the internal investigation of the allegations. Investigation involved interviews of hundreds of witnesses and the analysis of more than 5 million documents and software development data, as well as coordination with multiple experts. Negotiated successful settlement of related litigation.
  • Represented a major subprime mortgage lending company in a series of allegedly predatory lending class actions asserting violations of state unfair trade practice and usury laws.
  • Represented national mortgage lender in putative class action seeking refunds of closing fees and charges that allegedly exceeded limits allowed under state law, resulting in favorable settlement after District Court granted motion for summary judgment on all counts.
  • Negotiated the successful resolution of a business interruption/cost of replacement power claim on behalf of a major electric generation company, which arose from the failure of a transformer at a 575 MW coal generation unit, resulting in the extended shutdown of the unit. The insurers involved were Lloyd's, London syndicates and seven London Market insurers. During negotiations, we prepared a complaint against the insurers that assisted in reaching a settlement of the coverage dispute.
  • Negotiated the successful resolution of a property damage/business interruption claim on behalf of a major electric generation company, which arose from a fire at a 565 MW coal generation unit, resulting in the extended shutdown of the unit. The insurers involved were Lloyd's, London syndicates and eight London Market and U.S. insurers. During negotiations, we prepared a complaint against the insurers that assisted in reaching a settlement of the coverage dispute. In addition to assisting the client in negotiating usual proof of loss and coverage issues, the claim involved unique issues arising from the policy's waiting period, deductible and cost of replacement power provisions.
  • Represented multiple clients in claims involving property damage and business interruption arising from fire and explosion damage to industrial facilities and other operations.
  • Represented national petroleum pipeline company in defense of riparian landowners' claims for property damage resulting from spill of fuel oil from pipeline. Obtained favorable settlement for company.
  • Pro bono representation of prisoners in habeas corpus and other actions involving violations of constitutional rights. Received Justice Ally of Year from the Southern Center for Human Rights for work with SCHR.
  • Practice lead for pro bono adoption practice in the firm’s Atlanta office.

Memberships

  • Board of Directors, Atlanta Volunteer Lawyers Foundation
  • Member, American Bar Association
  • Member, Defense Research Institute
  • Member, Georgia State Bar Disciplinary Rules and Procedures Committee, 2008-2011, 2015-2018 
  • Master, Bleckley Inn of the American Inns of Court

Awards & Recognition

  • Listed in Chambers USA Client’s Guide, Litigation, 2008-2018
  • Named Best Lawyer, Commercial Litigation, Insurance Law, Litigation - Banking and Finance, The Best Lawyers in America - Georgia, 2013-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Commercial Litigation, The Best Lawyers in America - Georgia, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Litigation – Banking & Finance, Georgia, The Best Lawyers in America, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named a Litigation Super Lawyer, Atlanta Magazine and Georgia Super Lawyers magazine®, 2005-2018. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • 2015 Justice Ally of the Year Award – Southern Center for Human Rights

Insights

Larry Bracken has more than 30 years of experience litigating and investigating class action, technology, insurance, environmental and commercial matters.

Larry's class action practice concentrates on the defense of unfair trade practice/false advertising claims, consumer class actions, privacy and data breach claims, and environmental property damage claims. He has represented clients in more than 50 class actions in 16 states.

Larry has served as a faculty member and lecturer at various conferences and seminars, and has lectured about a wide range of topics including unfair and deceptive trade practices actions, class action practice, privacy and cyber security litigation, lender liability issues, and insurance coverage litigation.

Larry is admitted to practice in Georgia, New York and Virginia, as well as before the U.S. Courts of Appeals for the Fourth, Seventh, Ninth and Eleventh Circuits, the U.S. District Courts for the Northern and Middle Districts of Georgia, the Southern District of New York, and the Eastern and Western Districts of Virginia. After earning his law degree, he served as a law clerk for the Honorable D. Dortch Warriner of the U.S. District Court for the Eastern District of Virginia.

Relevant Experience – Class Action Litigation

  • Class action practice concentrates on the defense of unfair trade practice/false advertising claims, privacy and data breach claims and consumer class actions.
  • Litigating claim to recover defense costs and amounts paid to settle class claims concerning allegedly improper bank fees and assessments.
  • Represents consumer product manufacturers, banks, consumer lending and servicing companies, mortgage lenders, retailers and homebuilders in class actions and other civil litigation involving allegations of unfair and deceptive trade practices, fraud, wrongful foreclosure, breach of warranty, and violations of various federal and state statutes such as the Truth in Lending Act, Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act and consumer protection statutes.
  • Represents companies in the investigation of privacy issues, actual and threatened cyber security events, cyber intrusions and cyber extortion, as well as in the defense of class actions and other claims arising from such events.
  • Represented Fortune 25 company in a 226,000-member consumer class action in which plaintiff alleged false advertising and violation of unfair trade practices statutes in the advertising and sale of consumer electronics products. Obtained defense verdict after a three-week trial.
  • Represented Fortune 25 technology company in related state and nationwide consumer class actions in nine different states, involving allegations of unfair and deceptive trade practices and breach of warranty in the advertising and marketing of consumer electronics and computer products. Member of client's defense panel for 20 other cases involving 22 million putative class members. Client obtained a global settlement for a nominal amount after several defense victories.
  • Defended national homebuilder and its affiliated mortgage company in defense of purported nationwide class action asserting violations of California Business & Professions Code §§ 17200 and 17500, as well as common law causes of action, alleging a scheme to increase home sale prices through improper practices and nondisclosures in the brokering and arranging subprime mortgages. All claims were dismissed on standing and Rule 12(b)(6) grounds before discovery commenced.
  • Representing nation's largest residential mortgage lender and one of the nation’s largest banks in putative class action seeking statutory damages for alleged failures to cancel mortgage instruments within statutory period.
  • Represented national mortgage lender in putative class action seeking refunds of closing fees and charges that allegedly exceeded limits allowed under state law, resulting in de minimus settlement after District Court granted motion for summary judgment on all counts.
  • Represented a national grocery store chain in a privacy class action in which plaintiff asserted violations of state consumer tampering statute, as well as common law claims. The putative class claims that the defendant's website utilized flash cookies to track plaintiff's web browsing activities.
  • Represented major payment processor in data breach class action. Case resolved favorably for client prior to discovery and after all except a single count of the complaint were dismissed on motions. The matter involved issues of first impression concerning standing and substantive causes of action.
  • Represented major payment processor in class action alleging that client improperly charged early termination fees and allegedly engaged in unfair and deceptive trade practices. Case resolved favorably to our client after motion to dismiss was filed.
  • Represented national homebuilder and affiliated mortgage company in defense of federal court nationwide class action, in which plaintiff alleged improper practices and nondisclosures in brokering and arranging subprime mortgages. Court granted defendants' motion to dismiss, resulting in dismissal of all counts with prejudice.
  • Represented national homebuilder and affiliated mortgage company in defense of class actions alleging improper practices and nondisclosures in brokering and arranging subprime mortgages. Plaintiffs alleged that defendants’ actions resulted in higher-than-average foreclosures in purported class members' neighborhoods, resulting in diminution of the value of class members’ residential property. Causes of action included violation of unfair and deceptive trade practice statute and fraudulent concealment. Court granted clients' motion to dismiss all claims with prejudice.
  • Defended national homebuilder and affiliated mortgage company in defense of class action alleging violations of RESPA and North Carolina UDTPA, arising out of alleged requirement that homebuyers use defendants’ affiliated settlement services and other allegedly illegal mortgage brokerage practices. Obtained dismissal of all but one claim, resulting in highly favorable settlement.
  • Defended large national bank in the defense of purported nationwide class action alleging unfair trade practices and breach of common law duties arising from the bank's ATM overdraft charge practices and procedures. Negotiated settlement with named plaintiff and case dismissed.
  • Represented national homebuilder and affiliated mortgage company in defense of class action alleging improper practices and nondisclosures in brokering and arranging subprime mortgages. Plaintiffs alleged that defendants' actions caused higher-than-average foreclosures in purported class members' neighborhoods, resulting in diminution of the value of class members' residential property. Other plaintiffs alleged violations of lending statutes and state common law. Causes of action included violation of unfair and deceptive trade practice statutes, federal civil RICO claims, negligence and fraud. Case was settled favorably after one-day mediation.
  • Represented Fortune 25 company in alleged nationwide consumer class actions involving allegations of unfair and deceptive trade practices in the advertising and marketing of personal computers. Obtained favorable settlements after discovery, which were approved by trial courts.
  • Represented insurance subsidiary of top 20 global financial company in appeal of order granting certification of nationwide class. Obtained reversal of class certification order on appeal and denial of plaintiff's petition for certiorari.
  • Represented major internet service provider in alleged nationwide consumer class action claiming that ISP improperly charged fees to subscribers. Obtained dismissal of claims and case ultimately settled.
  • Represented national petroleum pipeline company in defense of riparian landowners' claims for property damage resulting from spill of fuel oil from pipeline. Obtained favorable settlement for company.
  • Opposed class certification of class of trade creditors for floor covering industry client, causing plaintiff to abandon motion for class certification.
  • Regularly advise clients about compliance and risk management issues relating to unfair trade practice statutes.
  • Pro bono representation of prisoners in habeas corpus and other actions involving violations of constitutional rights. Received Justice Ally of Year from the Southern Center for Human Rights for work with SCHR.
  • Practice lead for pro bono adoption practice in the firm’s Atlanta office.

Memberships

  • Board of Directors, Atlanta Volunteer Lawyers Foundation
  • Member, American Bar Association
  • Member, Defense Research Institute
  • Member, Georgia State Bar Disciplinary Rules and Procedures Committee, 2008-2011, 2015-2018 
  • Master, Bleckley Inn of the American Inns of Court

Awards & Recognition

  • Listed in Chambers USA Client’s Guide, Litigation, 2008-2018
  • Named Best Lawyer, Commercial Litigation, Insurance Law, Litigation - Banking and Finance, The Best Lawyers in America - Georgia, 2013-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Commercial Litigation, The Best Lawyers in America - Georgia, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Litigation – Banking & Finance, Georgia, The Best Lawyers in America, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named a Litigation Super Lawyer, Atlanta Magazine and Georgia Super Lawyers magazine®, 2005-2018. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • 2015 Justice Ally of the Year Award – Southern Center for Human Rights

Insights

Larry Bracken has more than 30 years of experience negotiating and litigating insurance matters.

Larry also counsels clients regarding claims evaluation and strategy, policy placement and manuscripting issues, and recovery of insurance proceeds under third parties' insurance policies.

Larry has served as a faculty member and lecturer at various conferences and seminars, and has lectured about a wide range of topics including unfair and deceptive trade practices actions, lender liability issues, and insurance coverage litigation.

Larry is admitted to practice in Georgia, New York and Virginia, as well as before the U.S. Courts of Appeals for the Fourth, Seventh, Ninth and Eleventh Circuits, the U.S. District Courts for the Northern and Middle Districts of Georgia, the Southern District of New York, and the Eastern and Western Districts of Virginia. After earning his law degree, he served as a law clerk for the Honorable D. Dortch Warriner of the U.S. District Court for the Eastern District of Virginia.

Relevant Experience – Insurance Litigation and Counseling

  • Advised clients in more than 500 insurance coverage matters involving CGL, excess liability, E&O, technology E&O, D&O, property, business interruption, environmental, inland marine, health, life and disability coverage.

  • Negotiated and litigated $100 million+ of insurance coverage claims asserted against multiple excess liability policies, involving seven separate releases from pipelines operated by major petroleum pipeline company.

  • Advising major petroleum pipeline company about insurance coverage issues arising out of recent accidents and environmental incidents. Also advising the client about potential recoveries from contractors’ insurers and additional insured coverage.

  • Advising one of the U.S.’s largest energy infrastructure companies concerning insurance coverage issues arising out of petrochemical plant explosion. Assisted client in recovering more than $200 million from liability insurers.

  • Advising major U.S. electric utility concerning insurance coverage for alleged emissions from power generation plants.

  • Litigating claim to recover defense costs and amounts paid to settle class claims concerning allegedly improper bank fees and assessments.

  • Advising major REIT concerning first-party insurance coverage issues arising out of property damage and construction errors at residential housing complex.

  • Advising U.S. energy company about insurance coverage issues arising from U.S. Attorney investigation of alleged mining regulation violations.

  • Represented municipality in litigation involving municipality’s commercial property policy seeking reimbursement for flood-related property damage and extra expense. Recovered $13.7 million on client’s behalf.

  • Negotiated the successful resolution of a business interruption/cost of replacement power claim on behalf of a major electric generation company, which arose from the failure of a transformer at a 575 MW coal generation unit, resulting in the extended shutdown of the unit. The insurers involved were Lloyd's, London syndicates and seven London Market insurers. During negotiations, we prepared a complaint against the insurers that assisted in reaching a settlement of the coverage dispute.

  • Negotiated the successful resolution of a property damage/business interruption claim on behalf of a major electric generation company, which arose from a fire at a 565 MW coal generation unit, resulting in the extended shutdown of the unit. The insurers involved were Lloyd's, London syndicates and eight London Market and U.S. insurers. During negotiations, we prepared a complaint against the insurers that assisted in reaching a settlement of the coverage dispute. In addition to assisting the client in negotiating usual proof of loss and coverage issues, the claim involved unique issues arising from the policy's waiting period, deductible and cost of replacement power provisions.

  • Represented multiple clients in claims involving property damage and business interruption coverage arising from fire and explosion damage to industrial facilities and other operations, including bad faith claims.

  • Represented Fortune 250 energy company in negotiation, mediation and arbitration of claims involving coverage under $300 million D&O liability insurance tower. Underlying claims arose from insolvency of client’s foreign subsidiaries and related U.S. securities litigation. Favorable settlements negotiated with 10 insurers.

  • Recently tried D&O claims in confidential arbitration proceedings before arbitration panel conducted under CPR arbitration rules.

  • Advised independent system operator in the placement of D&O liability and E&O liability coverage, and in connection with various actual and potential claims.

  • Advising multiple clients concerning D&O liability coverage arising from securities litigation claims.

  • Advised multinational energy company in negotiation of pollution liability coverage for major U.S. environmental site.

  • Represented a major petroleum products pipeline company in an action for declaratory judgment against several U.S. insurers. The policyholder client sought a judgment declaring that under the terms of applicable insurance policies, the company was entitled to coverage for losses incurred by the company as a result of a 1975 petroleum pipeline rupture in North Carolina. The court granted summary judgment in our client’s favor, which was affirmed on appeal. The case involved issues of first impression concerning the timing of notice to excess carriers in environmental cleanup situations.

  • Litigated insurance coverage action in connection with environmental claims arising from closed coal gasification plant and waste facility, resulting in negotiated settlement of defense cost and indemnity issues.

  • Negotiated settlement of insurance coverage claims asserted against excess liability policies, arising from catastrophic failure of mine company impoundment that resulted in third-party property damage and environmental claims.

  • Represented industrial holding company in coverage litigation relating to lead-based paint personal injury and property damage claims.

  • Litigated liability coverage claim arising from petroleum release to groundwater; won key coverage issues on summary judgment; affirmed on appeal.

  • Advise clients concerning placement and underwriting of policies; advise clients regarding claims issues; assist with manuscripting of policies.

  • Pro bono representation of prisoners in habeas corpus and other actions involving violations of constitutional rights. Received Justice Ally of Year from the Southern Center for Human Rights for work with SCHR.

  • Practice lead for pro bono adoption practice in the firm’s Atlanta office.

Memberships

  • Board of Directors, Atlanta Volunteer Lawyers Foundation
  • Member, American Bar Association
  • Member, Defense Research Institute
  • Member, Georgia State Bar Disciplinary Rules and Procedures Committee, 2008-2011, 2015-2018 
  • Master, Bleckley Inn of the American Inns of Court

Awards & Recognition

  • Listed in Chambers USA Client’s Guide, Litigation, 2008-2018
  • Named Best Lawyer, Commercial Litigation, Insurance Law, Litigation - Banking and Finance, The Best Lawyers in America - Georgia, 2013-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Commercial Litigation, The Best Lawyers in America - Georgia, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Litigation – Banking & Finance, Georgia, The Best Lawyers in America, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named a Litigation Super Lawyer, Atlanta Magazine and Georgia Super Lawyers magazine®, 2005-2018. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • 2015 Justice Ally of the Year Award – Southern Center for Human Rights

Insights

Larry Bracken has more than 30 years of experience litigating and investigating class action, technology, insurance, environmental and commercial matters.

Larry has represented clients in federal and state courts throughout the United States in a broad range of cases, particularly the litigation of class actions and other cases involving allegations of unfair and deceptive trade practices, alleged violations of business statutes and regulations, related business torts, environmental matters, and complex contract disputes. Larry also has extensive experience representing technology companies and other clients in internal investigations, alternative dispute resolution proceedings and litigation involving cyber security and privacy issues in the U.S. and other countries; alleged misappropriation of trade secrets; and technology service agreement disputes. His clients include providers and purchasers of technology products and services, major banks and commercial lenders, consumer finance companies and other businesses in the financial services industry, petroleum pipeline companies, retailers, electric utilities, and municipalities.

In addition, Larry has negotiated, arbitrated and litigated more than 500 insurance coverage matters involving general and excess liability, D&O liability, E&O, technology E&O, property, business interruption and time element, pollution liability, inland marine, and other insurance coverage matters.

Larry has served as a faculty member and lecturer at conferences concerning a wide range of topics such as cyber security and privacy investigations and litigation, consumer fraud claims, insurance law and environmental litigation.

Larry is admitted to practice in Georgia, New York and Virginia, as well as before the U.S. Courts of Appeals for the Fourth, Seventh, Ninth and Eleventh Circuits, the U.S. District Courts for the Northern and Middle Districts of Georgia, the Southern District of New York, and the Eastern and Western Districts of Virginia. After earning his law degree, he served as a law clerk for the Honorable D. Dortch Warriner of the U.S. District Court for the Eastern District of Virginia.

Relevant Experience – Environmental Litigation

  • Represented clients in more than 75 environmental and petroleum pipeline litigation matters, involving claims asserted under CERCLA, RCRA, Clean Water Act, Oil Pollution Act of 1990, Pipeline Safety Act and other federal statutes, as well as related state statutes and common law.
  • Advising major petroleum pipeline company about insurance coverage issues arising out of recent accidents and environmental incidents. Also advising the client about potential recoveries from contractors’ insurers and additional insured coverage.
  • Advising one of the U.S.’s largest energy infrastructure companies concerning insurance coverage issues arising out of petrochemical plant explosion. Assisted client in recovering more than $200 million from liability insurers.
  • Advising major U.S. electric utility concerning insurance coverage for alleged emissions from power generation plants.
  • Advising U.S. energy company about insurance coverage issues arising from U.S. Attorney investigation of alleged mining regulation violations.
  • Litigated surface water, soil and groundwater contamination issues in actions filed in federal and state courts throughout the United States, defending claims asserted under CERCLA, RCRA, Clean Water Act, Oil Pollution Act, and related state statutes and common law. Clients include petroleum industry companies, manufacturing companies, landfill operators, public utilities, municipalities, food processors and other clients.
  • Advising urban county regarding insurance coverage for long-tail groundwater contamination claims, including claims arising from CERCLA liability and related state statutes, arising from 5 decades of landfill operations.
  • Represented one of the world's largest integrated energy companies in negotiations to recover insurance proceeds under environmental policy; former metal smelting and petroleum refinery site involved complex remediation and groundwater contamination issues.
  • Defended petroleum pipeline company in Clean Water Act action brought by the United States in connection with 22 release sites, resulting in favorable settlement for client.
  • Represented national petroleum pipeline company in defense of riparian landowners' claims for property damage resulting from spill of fuel oil from pipeline. Obtained favorable settlement for company.
  • Defended county in multiple actions alleging CERCLA and common law claims arising from operation of multiple landfill sites. Defeated claims on summary judgment.
  • Negotiated $100 million+ of environmental insurance coverage claims for petroleum industry client involving seven environmental sites and multiple insurers in domestic and London markets.
  • Pro bono representation of prisoners in habeas corpus and other actions involving violations of constitutional rights. Received Justice Ally of Year from the Southern Center for Human Rights for work with SCHR.
  • Practice lead for pro bono adoption practice in the firm’s Atlanta office.

Memberships

  • Board of Directors, Atlanta Volunteer Lawyers Foundation
  • Member, American Bar Association
  • Member, Defense Research Institute
  • Member, Georgia State Bar Disciplinary Rules and Procedures Committee, 2008-2011, 2015-2018 
  • Master, Bleckley Inn of the American Inns of Court

Awards & Recognition

  • Listed in Chambers USA Client’s Guide, Litigation, 2008-2018
  • Named Best Lawyer, Commercial Litigation, Insurance Law, Litigation - Banking and Finance, The Best Lawyers in America - Georgia, 2013-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Commercial Litigation, The Best Lawyers in America - Georgia, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Litigation – Banking & Finance, Georgia, The Best Lawyers in America, 2012-2019. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named a Litigation Super Lawyer, Atlanta Magazine and Georgia Super Lawyers magazine®, 2005-2018. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • 2015 Justice Ally of the Year Award – Southern Center for Human Rights

Insights