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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 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.  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.  When appropriate for my clients objectives I proceed aggressively in litigation to establish a strong early negotiating position. 

As a complex commercial litigator, I have experience with contract disputes, shareholder disagreements, 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 large national and multi-national corporations to individuals and start-up companies.

Significant Matters 

• Won an important decision before the United States District Court of the Northern District of Georgia, establishing jurisdiction over RICO defendants domiciled in other states.
• Secured a judgment in excess of $14 million on behalf of a telecommunications service provider against a telecommunications retailer.
• Prevailed on summary judgment and received a multi-million dollar award from the United States District Court for the Northern District of Georgia on a claim for breach of a shareholder agreement involving the interpretation of a buy-sell clause.
• 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.
• Settled claims against my client, the developer and grantor of a large commercial property arising approximately two years after the sale of the property.

Seminars & Presentations

• "Be in the Know:  What You Need to Know About Current Legal Issues that Impact You and Your Client's Business,"  Business Planning Seminar, 2010.
• "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

• Grant Park Conservancy, Board of Directors and Membership Committee Chairman
• Red Clay Democrats, Board of Directors and Programming Committee Chairman
• American Constitution Society Georgia Lawyers Chapter, Past Chairman
• Emory Law SBA Presidents Leadership Council
• Emory Law Alumni Board
• Emory University Annual Fund Board
• Georgia State University Religious Studies Department, Board of Advisors