Executive Committee Member
Represented companies involved in television, communications, entertainment, and sports in numerous state and federal courts throughout the United States, specializing in fast-paced, multi-district complex litigation.
Representative matters: Lead trial counsel for Turner Broadcasting System, Inc. in a lawsuit brought in the Superior Court of Fulton County, Georgia by ABC, ABC Sports, and Cox Broadcasting attempting to enjoin WTBS from telecasting live college football games on cable television. Lead trial counsel for Cable News Network in a lawsuit brought in the United States District Court for the Northern District of Georgia against Satellite News Channels, Westinghouse Broadcasting and Cable and Group W Cable alleging multiple antitrust and tort claims. Lead counsel for Turner Entertainment Company in lawsuits filed in federal courts in the Southern District of New York and the Central District of California seeking a declaratory judgment to secure Turner’s right to colorize certain RKO black and white motion pictures contained in the MGM/UA film library and involving a variety of copyright infringement claims and counterclaims relating to license agreement interpretation, derivative works, adaptation rights, remake rights, and modification rights. Counsel to the Atlanta Braves and Atlanta Hawks in several arbitrations regarding free agency and disputes between clubs regarding rights to various players. Lead trial counsel for Turner Entertainment Company in a lawsuit brought in the United States District Court for the Northern District of Georgia against Showtime and Home Box Office seeking a declaratory judgment against Showtime and HBO to secure Turner’s right to exhibit the best quality films in the MGM/UA film library on WTBS and Turner Network Television. Lead trial counsel for Turner Entertainment Company in an arbitration in California and a lawsuit filed in the Superior Court of Los Angeles County against MGM-Pathe Communications and Warner Home Video relating to the distribution of the MGM/UA film library and involving claims and counterclaims of material breaches of contract, breach of implied covenants of good faith and fair dealing, conspiratorial torts, tortious interference with business relations, fraud, and breach of fiduciary duty.
Represented both regulated utilities and independent power producers in the United States and around the world with respect to a variety of power projects, including coal-fired plants, nuclear plants, hydroelectric plants, gasifiers and cogeneration facilities.
Representative matters: Lead trial counsel for Southern Energy, Inc. and related subsidiaries in a multi-million dollar dispute with Asea Brown Boveri, Inc. and related subsidiaries involving, among other things, claims for breach of contract, breach of fiduciary duty, conspiratorial torts, fraud, and breach of warranty related to a cogeneration facility in Oahu, Hawaii. This dispute involved lawsuits filed in the United States District Court for the District of Hawaii, the United States District Court for the Southern District of New York, and the Court of Chancery of the State of Delaware. Lead counsel for Southern Company before the Eleventh Circuit Court of Appeals opposing a petition for review of an SEC order permitting Southern to use financing proceeds and/or guarantees to invest in one or more EWG or FUCO projects in an aggregate amount up to 100 percent of Southern’s “consolidated retained earnings.” Lead counsel for numerous power producers in drafting, negotiating, and performing due diligence investigations with respect to engineering, procurement, and construction contracts for projects in the United States, Europe, Central America, South America, and Asia, with construction costs ranging from 200 million to 1.2 billion dollars.
Represented owners and developers in the Southeastern United States with respect to a variety of commercial construction projects, including major high-rise office buildings, production facilities, and sports arenas.
Representative matters: Lead counsel for numerous owners and developers in drafting and negotiating lump sum, cost plus, and guaranteed maximum cost contracts and complex variations thereof for a variety of project structures including design-build, “fast track,” construction manager, multiple prime, and general contractor concepts, with construction costs ranging from 75 million to 113 million dollars. Lead counsel for numerous owners and developers in state and federal courts, arbitration, and mediation with respect to construction claims involving delays, changes, defective workmanship, quantum meruit, surety bonds, warranties, personal injury, property damage, liens, labor disputes, hazardous substances, and fraud.