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| Derivative & M&A: Representative Cases |
- Schutt Irrevocable Family Trust v. NAC Holdings, et al., Superior Court of Gwinnett County, State of Georgia, No. 04-A-9172-4 (defense of company in an action alleging both direct and derivative claims and seeking both damages and injunctive relief; [the injunctive motion has been denied])
- Robert B. Silliman as Trustee v. Alan N. Johnson et al., Adversary Proceeding No. 03-06208-JB, United States Bankruptcy Court for the Northern District of Georgia, Atlanta Division (representation of four officer/director defendants in breach of fiduciary and corporate misconduct claims brought by the bankruptcy trustee of Leisure Time Casinos and Resorts, Inc.; settled for nominal amount).
- Boyd v. Hines, et al., Superior Court of Troup County, State of Georgia, No. 02-CV-172 (derivative and class action suit against financial institution; voluntarily dismissed and never refiled after filing of motion to dismiss and brief ).
- Global Commerce Bank v. Summit Bank Corporation, U.S. District Court, N.D. Ga., No. 00-CV-3265 TWT (defense of action alleging violations of the Williams Act in relation to a tender offer for the share of Global).
- Hays v. Fong, U.S. Bankr. Ct., N.D. Ga., Adv. No. 98-1128 (defense of three directors in bankruptcy proceeding asserting mismanagement and breach of fiduciary duty claims).
- Thomas A. Gordy Group, Inc. v. Heart Alert Inc., Superior Court of Douglas County, Georgia, No. 99-CV-2588 (defense of corporation and directors in suit brought by company affiliated with shareholder and former officer and director).
- Bonner v. Law Companies Group, Inc., 964 F. Supp. 341 (N.D. Ga. 1997) (representation of special committee in successful defense of shareholder injunction action alleging proxy fraud and breach of fiduciary duty for failure to consider competing bid for company).
- Turner Broadcasting System, Inc., 232 Ga. App. 831, 503 S.E.2d 81 (1998) (representation of Time Warner Inc. in defense of consolidated actions by shareholders of TBS challenging the merger of Time Warner and TBS).
- Broadcast Corporation of Georgia v. CBS, Inc., U.S. District Court, N.D. Ga., No. 1-95-CV-0670 (defense of CBS Inc. in suit by seller seeking specific performance and damages in connection with $22 million acquisition).
- Cagan v. The Coca Cola Co., Chancery Court, New Castle County, Delaware, No. 12387 (representation of special committee of the Board of Coca-Cola Enterprises regarding its merger with Johnston Coca-Cola Bottling, Inc., and service as special litigation counsel in derivative action).
- Newell Co. v. Vermont American Corporation, U.S. District Court, N.D. Ill., No. 89 C 5202 (counsel for special committee in opposition to tender offer and auction of company; opinion at 725 F. Supp. 351 sustaining corporate action in light of committee action).
- Belk-Hudson Company v. Irwin Belk, U.S. District Court, S.D. Ga., No. CV 291-01 (dissenting shareholders stock valuation proceeding successfully tried to a panel of appraisers).
- Lanier v. Farley, Superior Court of Troup County, Georgia, No. 92-V-223 (representation of a brokerage firm and an institutional investor in a nationally reported derivative action against NYSE-listed companies concerning the failure to consummate a merger and complete the second stage of a stock acquisition following a successful tender offer for West Point Pepperell).
- Southeastern Public Service Corporation v. The Graniteville Co., U.S. District Court, D.S.C., No. 83-1028-0 (successful defense of an ESOP trustee in nationally prominent hostile take-over litigation).
- First Eastern National Bank v. C. H. Butcher, Jr., U.S. District Court, E.D. Tenn., No. 3-82-191 (successful suit by target company under Williams Act to defend against hostile tender offer).
- Perot v. Brock International Inc., Superior Court of Fulton County, Georgia, No. E37615 (representing listed company in connection with derivative action involving alleged misrepresentations; obtained dismissal of case).
- Video Display Corporation v. Global Consulting, Superior Court of Fulton County, Georgia, No. E20810 (representing privately-held company in shareholder dispute; negotiated settlement along with sale of the company).
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