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"The object of lawsuits is to resolve merits of disputes, not to engage in a meaningless frustration of them."  Judge Dorothy Toth Beasley, Adams v. Cato, 170 Ga. App. 28, 28, 332 S.E.2d 355, 356 (1985).

Attorneys often miss the forest for the trees by losing sight of a client's ultimate objectives in the intermediate obstacles.  By collaborating with my clients, utilizing both my legal knowledge and experience and the clients' business expertise, we both understand our ultimate goals and the potential opportunities and risks. 

Though most disputes resolve themselves before trial, I have both trial and arbitration experience.  By having won trials and arbitrations, and having the confidence to try a case when necessary, my clients enjoy a strong early negotiating position. 

My benchmarks for client services are promptness, efficiency, and professionalism.  By maintaining open communications with my clients and providing prompt, effective service, I strive to let my clients focus on operating their businesses, not litigation.

As a complex commercial litigator, I have experience with shareholder disagreements, contract disputes, real property suits, insurance coverage, international litigation, employer/employee restrictive covenants, internal investigations, civil RICO claims, embezzlement investigations, complex damage determinations, and landlord/tenant disputes.  I represent individuals and small upstart companies to large national and multi-national corporations.

Significant Matters

• Secured a judgment in excess of $14 million on behalf of a telecommunications service provider against a telecommunications retailer.
• Won an arbitration award against an Atlanta-area accounting firm on behalf of a departing partner.  My client was paid what we believed he was owed, plus his attorneys' fees and costs.
• Secured a confidential settlement from a Fortune Global 100 company based in Korea on behalf of our client.  In a rare and important international legal decision, which helped leverage a settlement, the United States District Court for the Northern District of Georgia compelled the defendant to stay or dismiss a parallel proceeding that it filed in South Korea so that Northern District could resolve the dispute.
• Defeated multi-million dollar claims against a commercial property lender in connection with a loan for a Buckhead development.
• Successfully mediated a chain of title dispute involving a national lender and a title auction company.
• Defeated two claims to a 350-acre parcel of real property in the Atlanta area.

Seminars & Presentations

• "Counseling Your Clients about Privilege, Confidential Information and Trade Secrets,"  Business Planning Seminar for Accountants, 2009.
• “Electronic Discovery and the New Federal Rules of Civil Procedure,” Taking and Defending Effective Depositions CLE, 2006
• "Clouds on Title:  Placing or Removing Lis Pendens, Liens and Equitable Liens," Real Estate Law from A-Z CLE, 2008
• "What to Do When A Restrictive Covenant is Breached:  Counseling and Working With the Client," Covenants Not to Compete CLE, 2008 and 2009

Articles

• "Pro & Con: Kagan's Work History," Atlanta Journal-Constitution, Sunday, May 16, 2010.

Professional Affiliations

• Chairperson, American Constitution Society Georgia Lawyers Chapter Executive Committee
• Emory Law Alumni Board
• Emory University Annual Fund Board
• Board of Governors, Red Clay Democrats