Services — Johnson Trial Law

Business Divorce

Business relationships can end just like any other partnership—and many business agreements lack provisions addressing what happens when they do. Even when such provisions exist, parties frequently disregard them. Johnson Trial Law has successfully guided clients through business divorces of every shape: negotiating amicable splits before litigation begins, facilitating the removal or buy-out of a partner, or litigating to recover what is rightfully the client’s.

Representative Matters

Defended client whose partner had demanded payment of “deferred compensation” originally paid as an equity infusion.
Negotiated the removal and buy-out of a non-performing equity partner.
On behalf of a displaced partner, negotiated the payment of the fair value of the membership interest.
Advised clients on the best corporate classification (corporation, limited liability company, S-Corp) depending on business type, scope, and number of shareholders or members.
Advised clients on corporate formation documents, including critical provisions regarding distributions and dissolution.

Real Estate and Construction Disputes

Johnson Trial Law’s attorneys have substantial experience representing property owners, developers, hospitality companies, homebuilders, contractors, subcontractors, material suppliers, and construction professionals in real estate and construction disputes. Although large real estate and construction disputes are typically arbitrated, Johnson Trial Law is particularly skilled at distilling complicated industry jargon and methodologies into concepts that are easily digested by judges and juries.

Representative Matters

Represented the owner of the Atlantic Station commercial and residential development in negligent design and construction disputes.
Represent the owner of multiple Marriott-branded hotels against a national contractor in construction defect and payment claims.
Represent the owner of a boutique Atlanta hotel in litigation involving fraud and negligent construction by its general contractor.
Represent national and regional homebuilding companies in a wide variety of claims by homeowners and HOAs, from negligent construction, to warranty issues, to fraud, to failure to adequately fund HOA budgets.
Represented the builder of a prominent Atlanta lawyer’s home in claims against its engineer for negligent design. Case settled favorably for the client immediately after Johnson Trial Law took the engineer’s deposition.
Represented the owner of commercial property that sued a developer who failed to close its purchase of the property. Johnson Trial Law obtained a specific performance order requiring the developer to close the purchase.

Fraud, Securities Fraud, and Other Business Torts

Even well-run and honest businesses are not immune from allegations of fraud, breaches of fiduciary duties, or other wrongdoing. Investors and competitors often level unfair accusations of wrongdoing to gain competitive advantages or to unwind business arrangements no longer favorable to them. Johnson Trial Law’s attorneys are not afraid to vigorously defend their clients from such claims at trial and relish proving to juries and arbitrators that such claims are ill-founded or frivolous.

Representative Matters

Defended the CEO of a nationally-recognized real estate company from accusations of fraud and fraudulent asset transfers. Plaintiff dismissed its case with prejudice on the first day of trial after Johnson Trial Law attorneys completed a devastating cross-examination.
Defended the founder of a transportation logistics company from fraud, breach of fiduciary duty, and other claims brought by plaintiffs seeking millions of dollars in damages. At trial, Johnson Trial Law attorneys successfully barred the introduction of key documents supporting plaintiffs’ damages, obtained a defense verdict on plaintiffs’ breach of fiduciary duty claims, and allowed plaintiffs to only receive nominal damages on their fraud claims—all without having to put their client on the stand.
Defended a wholesaler of consumer goods from accusations of counterfeiting and unfair business practices. In a federal court trial, the plaintiff—represented by two large national law firms and using former FBI and police officers as witnesses—demanded a damages award in the tens of millions of dollars. After a presentation that jurors later called “high energy” and “entertaining,” the jury found that Johnson Trial Law’s client did not willfully engage in counterfeiting and awarded plaintiff only a small fraction of the damages it asked for.
Defended members of a prominent Atlanta family from fraud and breach of fiduciary duty claims asserted by investors and lenders.
Obtained the complete dismissal of fraud, battery, and other tort claims against Johnson Trial Law’s client in a high-profile lawsuit brought against an Atlanta-based fertility cryoservices provider.
Defended an attorney from fraud and securities fraud claims arising from his role in the solicitation of investments in a nanotechnology startup. After Johnson Trial Law attorneys successfully pierced each of the plaintiff’s factual theories at his deposition, the plaintiff voluntarily dismissed his claims against the client with prejudice.
Routinely represent companies and individuals facing accusations of misappropriating trade secrets and violating federal, Georgia, and California computer theft and computer crimes statutes.
Represent car dealerships in fraud, lemon law, and Unfair Business Practices Act claims brought by customers.

Breach of Contract Disputes

Every business will invariably encounter a situation where its counterparty fails to perform its contractual obligations—or is accused of breaching its own. Johnson Trial Law has substantial experience litigating complex contract disputes across all types of businesses and industries. Unlike other litigation firms, Johnson Trial Law has a particular talent for taking the most complex contractual mechanisms and synthesizing them into an easy-to-follow trial narrative. Its lawyers are well-versed in the wide body of statutory and case law that courts and juries use to interpret and enforce contracts.

Representative Matters

Represented an insurance executive in a dispute over substantial compensation owed under a joint-venture agreement with an insurance brokerage firm. The jury awarded Johnson Trial Law’s client every penny he asked for at trial.

Discrimination Claims

Several Johnson Trial Law clients, having been on the winning side of litigation in other subject matter areas and having witnessed our firm’s trial proficiency, have asked us to personally handle the defense of Title VII federal discrimination lawsuits and related labor claims brought by their employees. These cases are often difficult; not only is the federal framework governing such claims somewhat labyrinthine and complicated, but the claims are often brought by extremely sympathetic employees. Johnson Trial Law has experienced great success in using good storytelling and trial presentation techniques to show jurors that their clients’ conduct was not motivated by discriminatory animus.

Representative Matters

Represented a high-end architectural materials supply company in Title VII gender discrimination and Equal Pay Act claims brought by a former manager. At trial, the jury concluded that disputes between Johnson Trial Law’s client and its former employees were not based on discriminatory animus, and found that the client had valid, non-discriminatory reasons for paying the manager less than other employees. Indeed, more than one juror agreed with the factual premise of our client’s defenses during jury selection.
Represented a chemical manufacturing company in race and gender discrimination claims brought by former employees. After Johnson Trial Law vigorously defended the depositions of the client’s corporate representatives, the plaintiff voluntarily dismissed her claims.

SEC Claims and Other Governmental Investigations

Sometimes good people are accused of bad things. Johnson Trial Law does not shy away from defending its clients against accusations by the Securities and Exchange Commission and other government agencies. When Johnson Trial Law learns that our clients are subjects of state or federal investigations, we work closely with the criminal bar to ensure that our clients’ rights are fully protected and to minimize any potential exposure to criminal charges.

Representative Matters

Represented a group of affiliated businesses and their executives accused by the SEC of perpetrating a $70,000,000 Ponzi scheme.
Represented a lawyer accused of embezzlement and fraud in parallel SEC and federal criminal investigations.
Represented a subject of a joint criminal investigation by the Department of Justice and the Federal Election Commission. While the ringleaders of the criminal scheme were ultimately indicted, Johnson Trial Law’s client avoided all possible charges.
Represented a subject of the Department of Justice’s investigation of corruption and bribery by City of Atlanta officials.