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Bard Brockman is a partner in the Business Litigation and Arbitration Practice Group. Mr. Brockman's practice is devoted entirely to commercial disputes in both federal and state courts and before arbitration panels.
He has broad experience in handling litigation and arbitration matters in the following substantive areas:
- ERISA and employee benefits
- Executive compensation and severance disputes
- Trusts, estates and other fiduciary claims
- Partnership and purchase price disputes
- Business torts
ERISA and Employee Benefits Litigation
Mr. Brockman successfully defended an independent trust company against charges of fiduciary breach and violations of ERISA. The court not only granted summary judgment to Mr. Brockman's client but also ordered the plaintiff to reimburse 100% of the incurred attorneys' fees.
In an unusual defendant class lawsuit, Mr. Brockman successfully prosecuted ERISA claims for a major public corporation that was the trustee of pension funds subject to the competing claims of its unionized workers.
Mr. Brockman is currently handling the defense of ERISA actions for clients in federal courts in Georgia and Washington state. He is also representing a large public university in a class action suit brought by former employees to recover retirement benefits.
Executive Compensation and Severance Disputes
Mr. Brockman successfully defended a major insurance company in an arbitration matter brought by a former executive who claimed he was entitled to $750,000 in severance. After an evidentiary hearing, the arbitrator ruled in favor of Mr. Brockman's client and awarded the former executive nothing.
In two similar but unrelated cases, Mr. Brockman successfully negotiated settlements for two former executives who were owed additional severance as a result of a "change of control" at their respective companies.
Partnership and Purchase Price Disputes
Mr. Brockman successfully defended a computer services company in a lengthy arbitration concerning a purchase price adjustment from the client's acquisition of a business. The claimant in that case presented numerous claims for a purchase price adjustment and sought nearly $4 million in compensatory damages. After a two-week evidentiary hearing, the arbitrator awarded nominal damages in the amount of just $50,000.
Mr. Brockman successfully defended a non-profit corporation in a lawsuit brought by a former joint venture partner who sought indemnification for damages arising from the dissolution of the partnership. The court not only granted summary judgment to the client but also ordered the plaintiff to pay a significant portion of the attorneys' fees incurred in defense of the case.
Business Torts
Mr. Brockman successfully defended a major telecommunications corporation in three separate actions in which former contractors asserted claims for fraud and racial discrimination. The federal court granted summary judgment to Mr. Brockman's client in each case, and in one case, the court directed the plaintiff to pay a portion of the attorneys' fees incurred.
Mr. Brockman recently tried and won a factually complex garnishment case involving competing claims to a $500,000 bank account. The case involved claims that Mr. Brockman's client was the corporate "alter ego" of a judgment debtor from a prior, unrelated case.
In addition to maintaining a full-time litigation practice, Mr. Brockman is also a certified arbitrator in the State of Georgia. He is very active in The Florida Bar and is a two-term past president of the Out-of-State Practitioners Division, which represents the more than 12,000 members of The Florida Bar who reside outside the State of Florida. Additionally, Mr. Brockman is Chair of the Firm's Associates Committee and is a member of the 2005 class of Leadership DeKalb.
Mr. Brockman has been recognized by Atlanta Magazine as a 2007 Georgia Superlawyer.
Mr. Brockman is married to the former Kathryn Wilkins, and they have two sons. They are all active members of Glenn Memorial United Methodist Church. |