Cary Ichter, Dan Davis and the firm’s litigation team had a big win against Gwinnett Community Bank.  Again the Ichter litigation team used great strategy to secure a big win for the client.   See attached.

The Academy of Court Appointed Masters (“ACAM”) held its annual meeting in San Antonio, Texas, from January 27-28, 2012.   At that meeting, Cary Ichter was elected to join to Board of ACAM.  Additionally, Mr. Ichter spoke on a panel at that meeting on “The Experience of ACAM Members as Master.”  This is the second time Mr. Ichter has been invited to speak at ACAM’s annual meeting.

ACAM is an independent organization of experienced special masters who serve in both federal and state courts.  The first National Conference for Special Masters was held in October 2004 at the William Mitchell College of Law with the assistance of the Federal Judicial Center and the National Arbitration Forum.  That conference led to the creation of ACAM.

ACAM’s mission is to provide judges, lawyers, parties, and other masters with helpful information regarding the use of masters.  Membership is open to any master who has been appointed by a federal or state court judge.

In August 2009, Gwinnett Community Bank (“GCB”) filed a lawsuit in Gwinnett County State Court seeking to enforce a personal guaranty against W. Jeff Brooks.  Mr. Brooks was a successful home builder and real estate developer in 2006, when GCB claimed he signed a guaranty, agreeing to repay up to $3.926 million of a real estate acquisition and development loan made by GCB to International Hospitality, LLC.  The loan went into default in 2009, and GCB sued the borrower and a number of guarantors.  By the time the case came to trial, the borrower was defunct, and all the other guarantors had either filed for bankruptcy, settled with GCB or could not be found.

The case was tried during the week of January 22, 2012, before The Honorable Ron Mock and a twelve-person jury.  In his defense, Mr. Brooks argued that he had not signed the guaranty and that the signature on the document was a forgery.  GCB argued that Mr. Brooks’ signature was genuine, and, if it was not, Mr. Brooks had ratified the transaction by his subsequent conduct.  During the course of the trial, forensic document examiners testified on both sides of the forgery issues.  By the time the trial of the case commenced, the amount in controversy exceeded $5 million.

After three full days of trial, the jury returned a verdict for Mr. Brooks, relieving him of any liability to GCB.

“I am enormously gratified by this outcome,” Cary Ichter said following the trial.  “This is the kind of case that changes the direction of lives.  Had this come out differently, the course of Mr. Brooks’ life and the lives of his children would have been materially changed.  It is incredibly satisfying to know that you have helped a client and his family in such a meaningful way.”

Ichter Thomas is a civil litigation firm, representing clients in virtually every kind of civil litigation context.  For more information about Ichter Thomas, call Cary Ichter, Jim Thomas or Renee Huskey at 404-869-7600.

On December 16, 2011, Jim Griffin, the former Chairman of the Board of Directors of J.E. Dunn Southeast, Inc. d/b/a R.J. Griffin & Company, a general contracting firm, obtained an award against J.E. Dunn Construction Company, the parent company, in the principal amount of $443,059.

Mr. Griffin founded R.J. Griffin & Company in 1985.  After J.E. Dunn acquired R.J. Griffin & Company, Mr. Griffin remained in an executive capacity for ten (10) years. With six (6) months remaining in his employment agreement, J.E. Dunn fired Mr. Griffin, allegedly for “cause.” After J.E. Dunn repeatedly refused to meet with him and mediation failed, Mr. Griffin filed a demand for arbitration asserting a number of claims that primarily alleged J.E. Dunn breached his employment agreement.  In only eight (8) months, despite extensive discovery and collateral litigation, Mr. Griffin obtained a favorable award—including an order assessing all costs of the arbitration against J.E. Dunn.  A copy of the award is available here.

After a full and complete evidentiary hearing, the arbitrator adjudged “Cause did not exist for the termination of [Mr.] Griffin’s employment.”  Thus, J.E. Dunn violated the terms and conditions of Mr. Griffin’s employment agreement by failing to pay Mr. Griffin his salary and certain benefits through the end of its term.

Ichter Thomas is well-positioned to leverage its experience in employment contract disputes and arbitration to the advantage of employers and employees alike. For more information on how Ichter Thomas can potentially help you, call Cary Ichter or Dan Davis at (404) 869-7600

In August 2010, Aetna Group USA, Inc. (“Aetna”), which produces and sells stretch wrappers, bundlers, shrink wrappers, and cartoning and taping machines, obtained summary judgment against AIDCO International, Inc., and requested certain damages, including $192,919 in attorneys’ fees. The United States District Court for the Northern District of Georgia awarded Aetna $644,245 but denied Aetna’s request for attorneys’ fees.  As a result, Aetna—represented by Ichter Thomas—appealed to the United States Court of Appeals for the Eleventh Circuit. The Court of Appeals reversed the District Court and remanded the case back to the District Court with instructions to allow Aetna to submit additional evidence in support of its request for attorneys’ fees and to reconsider Aetna’s request. A copy of the Court of Appeals decision is available here.  As a result, the District Court revised its final judgment upwards to award Aetna the entire $192,919 in attorneys’ fees it had requested—increasing Aetna’s recovery by some 23%.

Ichter Thomas’s appellate practice serves our clients’ needs in this complex and sophisticated area of practice. Our litigators have successfully handled matters in federal and state appellate courts. For more information on how Ichter Thomas can potentially help you unwind unfavorable judgments, call Cary Ichter or Dan Davis at (404) 869-7600.

In November 2010, Cary Ichter and Dan Davis of Ichter Thomas, LLC, participated in two (2) arbitration hearings within three (3) weeks—one before the AAA Employment Arbitration Tribunal and another before the Financial Industry Regulatory  Authority—and obtained, on their clients’ behalf, successful awards in both cases for an aggregate recovery of $656,784.

In the first hearing, which spanned November 15 to November 18, 2011, Ichter Thomas represented Jim Griffin, the former Chairman of the Board of Directors of J.E. Dunn Southeast, Inc. d/b/a R.J. Griffin & Company, a general contracting firm (“J.E. Dunn”), in the matter of arbitration between R.J. Griffin , Jr. and J.E. Dunn Construction Company, the parent company, before the AAA Employment Arbitration Tribunal.

Mr. Griffin founded R.J. Griffin & Company in 1985.   After J.E. Dunn acquired R.J. Griffin & Company, Mr. Griffin remained in an executive capacity for ten (10) years. With six (6) months remaining in his employment agreement, J.E. Dunn fired Mr. Griffin, allegedly for “Cause.” After J.E. Dunn repeatedly refused to meet with him and mediation failed, Mr. Griffin filed a demand for arbitration asserting that J.E. Dunn breached his employment agreement by terminating him without Cause and refusing to pay his salary and benefits through the remainder of the contract term. In only eight (8) months, despite extensive discovery and collateral litigation in the United States District Court for the Western District of Missouri, Mr. Griffin obtained an award in the principal amount of $443,059—including an order assessing all costs of the arbitration against J.E. Dunn.   For a complete copy of the final award, click here.

In the second hearing, which commenced ten (10) days later and following Thanksgiving, Ichter Thomas represented William Jeff Brooks in arbitration against Wells Fargo Advisors, LLC, the second-largest brokerage firm in the United States (“Wells Fargo”), and Mr. Brooks’ former financial advisor. That arbitration took place under the auspices of the Financial Industry Regulatory Authority (“FINRA”), which is the largest independent regulator of all securities firms doing business in the United States, and operates a dispute resolution forum subject to unique procedural rules.

Mr. Brooks entered into a brokerage relationship with Wells Fargo in January 2010. In about six (6) months, he realized several hundreds of thousands of dollars in losses. As a result, Mr. Brooks filed a statement of claim alleging that he was induced to transfer his security holdings to Wells Fargo based on representations concerning an illegal commission agreement and promises to refinance multiple loans, and that his advisor engaged in an excessive number of trades in light of investment objectives (“churning”) and used margin to purchase various equities without authorization.  Just over one (1) year later, Mr. Brooks obtained an award in the principal amount of $213,725 against his former brokerage firm and financial advisor, jointly and severally—including an order assessing all costs of the arbitration against the Respondents.

For more information regarding these cases, please contact Cary Ichter or Dan Davis at (404) 869-7600.

Since November 2, 2010, when the Georgia Supreme Court issued its decision in the Sherman v. Fulton County Board of Tax Assessors, and Sherman and like-minded opponents declared victory in their efforts to stop bond validations in sale leaseback transactions in Fulton County, the Development Authority of Fulton County has advocated bond validations before the Superior Court of Fulton County on six (6) occasions.  On each of those occasions the Development Authority has prevailed, and on each occasion the bonds have been validated.  Also, on each occasion, Cary Ichter of Ichter Thomas, LLC has been lead litigation counsel.

In spite of vigorous opposition, the opponents of validation have not prevailed in any contested validation proceedings since the Sherman decision was issued.  In that time, the Superior Court of Fulton County has approved bond transaction in the aggregate valued in excess of $300 million.

“The position of the Development Authority and the various parties to these bond transactions has been consistent since the issuance of the Sherman decision,” according to Cary Ichter.  “The structure of the transactions we have advocated introduces tax efficiencies that naturally flow from the selected structure.  The taxable leasehold is valued for ad valorem tax purposes based upon the fair market value of the leasehold interest, and all or nearly all of that value resides in the reversion at the end of the lease term.  Therefore, a valuation of the leasehold interest based upon the net present value of the reversionary interest is entirely appropriate and legal.”

Mr. Ichter concluded, “During these difficult economic times, we are particularly gratified to be assisting the Development Authority in bringing jobs and economic development to Fulton County.  It is good to know that your work is helping others who might otherwise be struggling.”

For more information regarding Ichter Thomas, LLC, the work the firm does in the area of bond validation litigation, representation of municipal governments, or the firm’s general commercial litigation practice, call Cary Ichter at Ichter Thomas, LLC. If Cary is not available, please speak to Jim Thomas or Renee Huskey. You can also reach Cary by email at cichter@ichterthomas.com.

Cary Ichter, Managing Partner for Ichter Thomas, LLC, was recently listed in the preeminent publication CHAMBERS USA published by Chambers and Partners.  ‘”This publication has published the leading directors for the legal profession for more than twenty years… based on independent research from interviews of client/lawyers around the world to identify those who perform best according to the criteria most valued by clients – no lawyer can buy their way into these rankings’[paraphrased].  A vast range of lawyers and their clients (i.e., commercial users of legal services) are interviewed.  Greater weighting is given to the views of the clients, and any biased viewpoints tend to cancel each other out.  All interviews are conducted purely for research purposes and are entirely confidential and un-attributed.  The basis for which selections are made include:  submissions put forward by legal practices, interviews during the course of research and Chamber’s own database resources.  In-depth interviews with clients and lawyers are done over the telephone, each one lasting about half an hour.   Thousands of interviews are conducted.

Cary Ichter’s listing can be found in the Litigation: General Commercial: Georgia section of the 2011 Client’s Guide Edition under Other Notable Practitioners.  http://www.chambersandpartners.com/USA/Firms/232347-42611/428919

On December 7, 2011, William J. (Jeff) Brooks—represented by Ichter Thomas—obtained an award against Wells Fargo Advisors, LLC, the second-largest brokerage firm in the United States, and Mr. Brooks’ former financial advisor, in the amount of $213,725 following arbitration pursuant to FINRA rules.  FINRA is the largest independent regulator of all securities firms doing business in the United States, and operates a dispute resolution forum subject to unique procedural rules.

Mr. Brooks filed his Statement of Claim on November 17, 2010, asserting a number of claims relating to the excessive number of trades in his brokerage account in light of investment objectives (“churning”) and the use of margin to purchase various equities without authorization.  Just over one (1) year later, Mr. Brooks obtained a favorable award against his former brokerage firm and financial advisor, jointly and severally—including an order assessing all costs of the arbitration against the Respondents.  A copy of the FINRA decision is available here.

Ichter Thomas gives its clients personal service and attention and is prepared to leverage its experience in securities fraud matters—both in arbitration, as well as federal and state court—to diligently pursue recovery of investors’ losses.  For more information as to how Ichter Thomas can potentially help you recover your hard-won savings, call Cary Ichter or Dan Davis at (404) 869-7600.

We’re publishing our newsletter and have several new articles posted at the Ichter Thomas firm website. Click over to take a read.

Piercing the Corporate Veil
(Author:  S. Renee Huskey)

When a closely held corporation fails and becomes insolvent, the corporation’s creditors and customers may attempt to look to the shareholders as a source of payment of debts or damages arising out of breach of contracts. Generally, the owners of a corporation may not be held liable for the acts or debts of the corporation. But increasingly in these difficult economic times, creditors are seeking to “pierce the corporate veil” and to assert claims against the corporation’s owner by alleging the company was merely the “alter ego” of the owner.

Alternative Ways of Resolving Disputes:
How to Decide Which to Use – Part Two: Arbitration
(Author:  James J. Thomas)

Obviously, when a business dispute arises between or among individuals and/or entities and cannot be resolved by negotiation, one alternative is to file a lawsuit and resolve the dispute through a court proceeding. That is not the only alternative, however. The most often used alternative dispute resolution (“ADR”) methods are mediation and arbitration or some combination of the two. Another method that is gaining some traction especially in Georgia is litigation with the use of a special master, instead of a judge and/or jury, to resolve some or all issues in the dispute.

Merger Clauses: A Litigator’s Perspective on Drafting
(Author:  W. Daniel Davis)

One of the most common claims brought by persons seeking to unwind a contract is that they were fraudulently induced into entering the contract. You can significantly reduce the probability that this argument will work simply by adding a merger clause in your contracts. As you probably already know, a “merger clause in a contract is one that contains language to the effect that…

Sandy Springs/Perimeter Chamber of Commerce– 2nd Annual Global Gateway Event and Awards
(Author:  Debra F. Goldman)

Debbie Goldman, current Co-chair/outgoing Chair of the Chamber and COO of Ichter Thomas, was responsible for Chairing the 2nd annual Global Gateway Event and Awards on September 22, 2011. This event was another huge success for the Sandy Springs/Perimeter Chamber of Commerce with 200 attendees from the global business community.

The highlights included international topics such as Global Energy, legislation, education, transportation and global commerce.