Business Litigation

The attorneys at Hall Booth Smith, P.C. have the skill and experience to handle business disputes of all sizes and nature.  From complex contract litigation with another business entity to internal governance matters involving officer and director duties and shareholder disputes, we work with our clients to help them achieve their strategic objectives.  We recognize that our clients’ time is best spent in board rooms and conference rooms, rather than in the court room.  We are prepared to handle complex business and commercial disputes before federal and state courts and administrative agencies, as well as alternative dispute venues such as arbitration and mediation.

About Our Practice

Our Business Litigation Practice Group is focused on getting your legal disputes resolved in an effective, efficient and economical manner.  Over the past several decades, the attorneys at HBS have served as counselors, advisors and advocates for businesses locally and internationally. We pride ourselves for not only our legal experience, but also our business acumen.  We bring an end-in-mind philosophy to our practice by partnering with our clients to first understand their business objectives and then to create a strategic plan for the favorable resolution of business disputes and the advancement of their business objectives.  We represent large national and multinational corporations as well as emerging small start-ups in a broad range of business issues and litigation matters.

  • Physicians and physician practice groups
  • Hospitals and health systems
  • Outpatient surgery centers
  • Long term care facilities
  • Long term acute care facilities
  • Agency nurses
  • Acute care centers
  • Home health services
  • Pharmacists and pharmacies
  • Blood banks
  • Ambulance services
  • Managed care organizations
  • Assisted living facilities

Our attorneys are actively involved, and our honors and recognitions include:

  • Recognized among Georgia’s top attorneys in business law by Georgia Trend magazine
  • Member of the Board of Directors of the World Trade Center Atlanta
  • Commissioner to the Uniform Law Commission from 1997 to present
  • Special Deputy Legislative Counsel to Lt. Gov. Casey Cagle
  • President of the Netherlands-American Chamber of Commerce for the Southeastern United States
  • Associate Member of Chartered Institute of Arbitrators
  • Registered Arbitrator, Georgia Offices of Dispute Resolution
  • Appointed member of the State Ethics Commission
  • Former corporate counsel for leading Internet provider

With more than twenty years of experience, HBS has successfully handled hundreds of business disputes in a variety of matters, including:

  • Complex breach of contract actions in federal and state courts as well as in international arbitration proceedings before the ICDR
  • Actions involving allegations of officer and director mismanagement and breach of fiduciary duties
  • Actions involving misappropriation of trade secrets and other confidential and proprietary information
  • Actions involving mergers, short-form mergers and other business acquisitions and divestitures
  • Representation of businesses and owners in disputes pertaining to ownership interests and valuation of ownership interests
  • Trademark and copyright infringement actions
  • Franchise disputes
  • Disputes involving commercial real estate
  • Shareholder and employment agreements
Related Industries

Construction

HBS assists the construction industry in a wide variety of private and public construction projects, including commercial, residential, industrial, and mixed-use properties. In addition to managing risk and defending and asserting liability claims on behalf of clients, we regularly advise on the myriad of issues that arise in the course of planning, managing and completing construction projects. As a full-service law firm, we offer services in construction related fields, such as real estate, litigation, ADR/arbitration, finance, environmental, land use, energy, regulatory, and utilities.

HBS construction attorneys have handled the entire gamut of claims that can be brought in the construction industry, including successfully representing property owners, developers, contractors, subcontractors, architects and engineers, construction managers, suppliers, transportation providers and haulers, individuals, corporations, electric companies, engineering companies, government entities, insurance carriers and sureties regarding construction industry issues.


Entertainment

Representing creative minds and creative businesses,  Hall Booth Smith provides clients with the business advice and legal guidance needed to succeed in the ever-evolving multimedia entertainment marketplace.

From day-to-day business operations and management advice to transactional guidance and dispute resolution, our attorneys help those in the entertainment industry manage talent and preserve, protect and actualize their entertainment property and services. We have critical access to key players in the entertainment industry and provide clients with the business-oriented and dedicated legal advice needed to thrive.

Transactional and litigation attorneys work together seamlessly, handling all of our clients’ legal needs and helping them achieve their goals. Our experience is diverse and includes advising clients regarding music, film, television, software, books and other print media, advertising, and graphic, visual and performing arts, social media and gaming, negotiating the full range of transaction documents and industry agreements, and litigating disputes. We assure that our clients’ creativity and their rights in creative works are fully protected.

As active members of various respected industry-leading societies, including NARAS, CMA,  we remain at the forefront of industry trends and legal developments. Our attorneys speak regularly on industry panels, contribute as writers to respected industry publications and serve on boards of several industry non-profit organizations.


Food & Agriculture

Scientific developments, technological efficiencies, global trade, and government support and regulation have changed food and fiber production in the United States into a sophisticated and complex business. From a farmer’s field to a consumer’s kitchen table, complicated legal issues now arise for growers, agribusinesses, distributors, brokers, and food retailers. Hall Booth Smith (HBS) specializes in providing legal counsel to and litigation and regulatory advocacy for farmers and agribusinesses.

Because most of our Agriculture Law Practice Group attorneys either grew up on a farm, earned degrees in agriculture, or have spent their careers counseling farmers and agribusinesses, our specific and keen understanding of the business practices and needs of farmers and agribusinesses superiorly position us to handle any agricultural matter. With six offices located throughout Georgia and offices in South Carolina, Tennessee and Florida, we couple the expertise and reputation of a large firm with the accessibility of a local firm.

The legal issues farmers and agribusinesses face are often unique to the agriculture sector. For example, HBS handles issues for buyers and sellers under the Perishable Agricultural Commodities Act (PACA), a complex federal statute which establishes a code of fair business practices that protects businesses dealing in fresh and frozen fruits and vegetables. In many cases, the laws relevant to the issues facing agriculturists arise out of the laws and regulations that are applicable to any contract, insurance policy, property right, business organization, or succession plan.


Retail and Hospitality

HBS helps hospitality industry clients both maximize their financial return and meet consumer service expectations.

Subject to a host of federal, state, county and municipal laws, regulations and code requirements and facing economic, real estate, employment and customer challenges, restaurants, hotels, leisure resorts, recreational facilities and other hospitality businesses turn to HBS for guidance. Our Hospitality lawyers are experienced advising on all aspects of hospitality businesses, from project conception and regulatory guidance through financing, development, operations and dispute resolution.

Whether addressing a labor and employment, transactional, privacy law, food and beverage, real estate or construction matter or attempting to resolve an issue involving employee benefits and compensation, intellectual property, data protection or potential liability, we advise our clients each step of the way, helping them leverage opportunities and avoid attendant risks. We vigilantly monitor the evolving regulatory and legal framework impacting our clients, to make sure that they are prepared for the future.

Our team of experienced litigators regularly handle claims for our hospitality industry clients in courts of all levels and has successfully defended class actions, multi-district litigation, personal injury claims, construction disputes and a wide variety of other matters. With a former State Senator and active government affairs attorneys, we are also adept at representing hospitality industry clients regarding their legal, regulatory and government affair challenges.


Energy, Utilities and Power Systems

Hall Booth Smith provides comprehensive service, representing energy industry clients in a broad array of matters, including transactions, business operations, regulatory compliance, finance, tax, and litigation challenges.

Representing a wide variety of clients, including owners and developers of energy projects, energy producers, suppliers and consumers, municipal and investor-owned utilities, joint-action agencies, electric cooperatives, industrial end-users, independent power producers, and natural gas companies we help our clients identify and leverage business opportunities, establish and implement long-term strategic business plans, manage risk, assure regulatory compliance, and devise effective solutions to the many challenges arising in their constantly evolving industry.

We offer strategic guidance throughout the life cycle of our clients’ businesses, assist with lobby efforts and government relations, and assure that our clients’ interests are protected. As national coordinating counsel for a major insurance company on all of its catastrophic electric line contact cases, we are particularly knowledgeable about and adept at handling insurance issues affecting the industry.

HBS Energy attorneys are members of industry organizations, frequently speak on energy-related issues and regularly monitor legislative, judicial and regulatory developments and industry trends in order to help our clients effectively integrate these changes into their business practices, policies, regulatory compliance efforts and approach to litigation.


Government & Municipalities

With a team of former and current government leaders , and those actively involved in various areas of government, HBS offers comprehensive representation and advice to those in government, including states, counties, cities, non-profits and other related industries.

Our team members are regarded as among the most influential leaders in the state of Georgia and are repeatedly recognized for their work on behalf of clients in the government arena. Regularly interacting with legislative leaders concerning client needs, we maintain close working relationships with elected officials, appointed officials, and agency staff, enhancing our ability to provide expertise and counsel. Leveraging our connections, regulatory know-how and legal experience, we work with local, county and state government officials to craft good policy and address our clients’ legislative, regulatory and legal concerns.

HBS attorneys assist clients with the full range of local, county and state government affairs, regulatory matters, lobbying efforts, and political and campaign finance issues. Understanding the regulatory framework which affects our clients’ business operations, we are particularly adept at helping related regulated industries such as utilities, energy and trade associations, telecommunication companies, health care, insurance, local governments, and nonprofit organizations with compliance matters.


Insurance

From appraisals, coverage, claims and adjusting issues to drafting and review of insurance policy, regulatory compliance advice and dispute resolution, HBS assists insurance industry clients with resolving the many challenges they face.

In addition to managing risk and defending liability claims, we regularly advise clients on the full range of insurance products, services, and coverages, including general liability, automotive, life, property and casualty, director and officers’ liability, professional malpractice, errors & omissions coverage, business interruption and environmental, cyber-risk and other specialty coverages and exclusions.

Our lawyers represent clients in courts of all levels throughout the United States, litigating class actions, multiparty and multi-district cases as well as individual lawsuits involving virtually every type of claim, coverage, fraud and bad faith action. We handle regulatory investigations and enforcement actions and are experienced with all forms of alternative dispute resolution. Active insurance coverage attorneys in the international insurance markets, we also help domestic clients gain access to the overseas market and assist foreign insurers in managing their domestic litigation.

As industry leaders, HBS Insurance Coverage lawyers have been recognized as Super Lawyers and Rising Stars in the field of insurance. Team members regularly write and lecture on insurance and property ISU issues, and are active members in insurance industry groups. As a value-added, we offer clients employee training to help their staff understand the laws and regulatory requirements impacting their industry and strategies to minimize risk exposure.


Transportation

Hall Booth Smith has decades of experience providing transportation industry clients with comprehensive, strategic business and regulatory advice and effective legal representation.

Our firm represents a wide array of entities in transportation-related litigation, including owner-operators, insurers, insureds and various self-insurance funds, as well as aviation companies, oil and gas companies and railroads.

HBS attorneys have counseled transportation industry clients regarding virtually every issue affecting the industry and have litigated disputes throughout the country on nearly every facet of transportation law.

We also regularly work with clients to devise, implement and enforce risk avoidance strategies. Applying the experience gained from decades litigating industry-related disputes, we offer clients effective and cost-efficient representation in courts as well as before government agencies such as the Federal Highway Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, the National Transportation Safety Board, state Departments of Transportation, and other regulatory bodies.