Litigation

•  Appeals – Thompson O'Brien's attorneys possess extensive experience before the Supreme Court of Georgia, Georgia Court of Appeals and the United States Court of Appeals for the Eleventh Circuit. Our superior written and oral advocacy have yielded an exceptional track record of success on appeals in all substantive areas of the firm's practices. Among the hundreds of appeals handled by the firm's attorneys, many reported cases have developed law on important legal and financial issues.

•  Arbitration and Mediation – Recognizing that protracted litigation is a cost businesses wish to avoid, Thompson O'Brien's litigation attorneys explore all avenues for early resolution of disputes through means such as arbitration and mediation.   When the needs of our clients will be better served through such Alternative Dispute Resolution (ADR), Thompson O'Brien's litigation attorneys possess broad experience in early settlement through mediation, arbitration and in utilizing other methods of dispute resolution in the best financial interests of our clients.

•  Business Torts – Thompson O'Brien routinely represents plaintiffs and defendants in lawsuits related to injuries and damages suffered in the business world. We handle cases for individuals, small businesses, and large corporations in the areas of breach of fiduciary duty, interference with contracts, restrictive covenants, fraud, defamation, and other tort claims in a business context.  

•  Closely Held Businesses – The firm's litigation attorneys are well versed in the disputes unique to the breakup of closely held businesses. We represent businesses or minority owners in disputes among owners of closely held corporations, LLC's, and partnerships. We have successfully employed creative remedies to protect our clients' interests when such disputes arise, including receiverships, buyouts, and dissolutions, in addition to traditional claims for money damages.

•  Commercial Fraud – Thompson O'Brien has successfully prosecuted numerous lawsuits against dealers, manufacturers, and large-scale commercial debtors engaged in fraud against our clients, including Fortune 500 corporations and commercial lenders. We work swiftly to secure assets, set aside fraudulent conveyances, and secure evidence to prove the fraudulent conduct.

•  Community Associations – Thompson O'Brien represents a number of homeowners associations for condominiums and subdivisions in claims related to covenants, land use, by-laws, and other property matters. Such litigation cases range from small covenant enforcement to highly contested litigation cases filed by members of the association and/or neighboring landowners.

•  Contract Disputes – The litigation attorneys of Thompson O'Brien are highly skilled and experienced in litigating cases involving the enforcement and breach of contracts. In addition to litigating cases through trial and appeal involving high dollar contracts, we employ alternative remedies and creative means to secure the enforcement of contracts prior to litigation. We have a broad experience in litigating breach of contract matters in virtually all subject matters and disciplines, including supply agreements, personal services contracts, employment agreements, guaranties, and all other contractually related matters.

•  Lender Liability - The firm defends claims filed against its banks and other financial clients by debtors, account holders, and others. We routinely defend claims in state and federal courts under the Truth-in-Lending Act, Fair Credit Reporting Act, Fair Debt Collections Practices Act, and Equal Credit Opportunity Act, as well as wrongful foreclosure and repossession claims.

•  Professional Malpractice – Thompson O'Brien's Litigation Practice Group has successfully defended a number of attorneys, professional engineers, real estate professionals, accountants, and other licensed professionals in claims asserting professional negligence and malpractice. Thompson O'Brien's professional malpractice experience spans all phases of litigation including trials and appeals, in the federal and state courts of Georgia, and extensive experience in Alternative Dispute Resolution, including mediation and mandatory arbitration. Thompson O'Brien's litigation attorneys are particularly well versed in the fiduciary and professional duties required of such licensed professionals and have substantial experience in the defense of such matters.

•  Real Estate Litigation – Thompson O'Brien's attorneys represent lenders, property owners, developers, brokers, and other real estate entities in a broad variety of litigation cases emanating from real estate transactions. Thompson O'Brien's real estate litigation practice includes title disputes, professional negligence, real estate contract litigation, foreclosure and enforcement of liens, and other cases emanating from real estate transactions. The Litigation Practice Group utilizes the support and experience of its Real Estate Transactions Group in providing a broad-based expertise to a successful resolution to litigation involving real estate matters.

•  Receiverships - Many of the firm's equity members have served as receivers, appointed by the courts or selected by other lawyers involved in the cases. Thompson O'Brien has managed large-scale discovery disputes and directed the operation and liquidation of businesses.

•  UCC Issues -   Thompson O'Brien maintains an extensive practice in issues related to the Uniform Commercial Code, including secured transactions, check issues, sales, leases, and commercial paper. Many of the firm's attorneys are experts on the UCC, having litigated and advised the firm's clients routinely on such matters.