5/7/2020 Atlanta Bar Association The Litigator Spring 2020 Edition

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The LitigatorSPRING 2020Official Publication of the Atlanta Bar Association Litigation Section “Life of a Trial 2.0 – The Litigator’s Toolbox” Breakfast MeetingSummaries:

Friday, December 13, 2019 – Rule 30(b)(6) Witness Strategy For our December breakfast, we had a panel discussion with The HonorableMike Jacobs from the State Court of DeKalb County, Arthur J. Park, Mozley,Finlayson, Loggins, LLP, and Michael Neff, The Law Offices of Michael LawsonNeff, P.C. The discussion, which focused on Rule 30(b)(6) witness strategy,was moderated by Charles M. Dalziel, Jr., Dalziel Law Firm. Each of ourpanelists offered useful insights to effective strategy during witness depositions.The panelists also discussed recent trends in corporate depositions, as well asjudicial considerations for these types of depositions. Friday, January 17, 2020 – Getting to the Right Number Our first breakfast meeting of the new year, “Getting to the Right Number,”involved a panel discussion with Phil Henry, Cash Krugler & Fredericks, LLC,Terry Sullivan, Hall Booth Smith, P.C., Kevin Race, Race Law, LLC, and JoyceKlemmer, JAMS. This discussion was moderated by James M. Sherman,Stanley, Esrey & Buckley, LLP. Each of the panelists offered practical tips aboutmaximizing the value and minimizing the risk for a case at various stages in thelitigation process, especially during a mediation. The panelists also offeredvaluable perspectives from both the plaintiff and defense side of a case. Friday, February 14, 2020 – Effective Client Advocacy At our February breakfast meeting, we had a panel discussion on effectiveclient advocacy in conjunction with the Corporate Counsel Section. We werejoined by Betsy Griswold, United Parcel Service, Michael E. Hollingsworth, II,Nelson Mullins Riley & Scarborough, Craig Kunkes, The Robbins Firm, Ling-Ling Nie, Georgia Institute of Technology, and Adwoa Ghartey-Tagoe Seymour,Cox Enterprises. Our moderators were Amy Cheng, Nelson Mullins Riley &Scarborough, and Nora Robb, Cox Automotive, Inc. All of our panelists offeredgreat advice about “do’s” and “don’ts” for communication, especially clear andconcise guidance and setting realistic expectations and budgets at the outset ofa matter. PLEASE NOTE: Out of respect for everyone’s health and safety, our upcomingbreakfast for scheduled for April 17th has been cancelled due to the currentsituation.

Board Members/OfficersChairLouis R. Cohan, Cohan Law Group Vice-ChairJohn D. Hadden, Hadden Law Firm SecretaryLillian N. Caudle, Magistrate Courtof Fulton County TreasurerE. Tyron Brown, Hawkins Parnell &Young Immediate Past ChairRob Huestis, Blasingame, Burch,Garrard & Ashley Members-At-LargeElizabeth D. Adler, King & Spalding,LLP Amy B. Cheng, Nelson Mullins Riley& Scarborough, LLP Terrence Lee Croft, Croft ADR Chuck Dalziel, Dalziel Law Firm Robert C. Khayat, Khayat Law Firm Hillary Lukacs, Morris Manning &Martin, LLP Jim Sherman, Stanley, Esrey &Buckley, LLP S. Wade Malone, Nelson MullinsRiley & Scarborough, LLP Kevin Patrick, Kevin Patrick Law,LLC Securities and CorporateSub-Section MembersWalter W. DavisWarren Pope

A Brief Note from the Litigation Chair:

5/7/2020 Atlanta Bar Association The Litigator Spring 2020 Edition

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We are all, to different degrees, experiencing the effects of two crises. TheCoronavirus has sickened many, killed some, and changed the lives of all ofus. In addition, we are experiencing the beginning of a financial crisis. Theseverity of the financial crisis is, as yet, unknown. For many among us, thingsare quite desperate, already. For me, and probably many of you, one particularly discouraging impact of thecurrent situation is the need to stay away from family, friends, co-workers, andeven adversaries. I miss you all. But, this will end. We will emerge. The economy will rebound. Cases will betried. Litigation Section breakfasts will resume. The storm will be followed bythe rainbow. I teach my children to appreciate the good times. They are fleeting. They arefragile. Often we fail to appreciate good times, until they end. I think we haveall just realized that we have just lived through an amazing time in history. Formost of us, for years, most of what we wanted was at our fingertips. When ithappens again, and it will, remember now! The good times would not be thegood times, but for the other times. I hope that we will all be okay. As Judge Dillard tweets weekly, be nice to eachother. Lend a hand. Check on your neighbor. Run an errand for someone whoneeds the help. Donate blood – the need is desperate and you will save lives. To keep your head on straight, continue to work, exercise, eat healthy, stay intouch with friends and family, and keep a routine. If work is slower than usual,use the time to complete a project you have been wanting to get to. Write thatbook, or just read one for pleasure. Take online classes. Renovate yourhouse. Anything that will help you feel productive. And, of course, the Atlanta Bar Association continues to be a well of friends,resources, and help. Chairing the Litigation Section has been and continues tobe among the most rewarding things I have ever done. Thank you all forallowing me to serve. Submit an Article for The Litigator: We always welcome your suggestions and contributions. If you are interested inwriting an article for an upcoming issue of The Litigator, you can also email TheLitigator Editor Kevin Patrick (kevin@patricktriallaw.com) with your proposedtopic. Warmly yours,

Louis Cohen

No Good Deed Goes Unpunished: ERISA Group's Health Requirementsare Preempting Healthcare Innovation in the Post-ACA World By Stephanie Raborn ERISA preemption has plagued legislators and group health plans wishing toenact reforms and improve healthcare pricing and transparency for decades.Enacted in 1974, the purpose of the Employee Retirement Income Security Actwas to protect workers’ pensions and retirement plans from abuses, and thelaw was established in response to widespread loss of employee pensionsbecause of limited security protections.… Read More

Competition Corner By Charles M. Dalziel, Jr.Dalziel Law Firm Judge Michael Brown of the United States District Court for the Northern DistrictOf Georgia, Atlanta Division, on September 23, 2019, issued an opinion that isunusual, and informative, about not only contracts that can be construed tocontain restrictive covenants subject to the analysis of O.C.G.A. 13-8-50, butalso when one deemed an agent for the company he left can be deemed tohave violated his fiduciary duty to the company as a matter of law. WindLogistics Professional, LLC v. Universal Truckload, Inc., 2019 WL 4600055(N.D. Ga., Brown, J.)… Read More

5/7/2020 Atlanta Bar Association The Litigator Spring 2020 Edition

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