Jeffrey D. Horst

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Jeffrey D. Horst is Krevolin & Horst's senior litigator.  Jeff is a Fellow in the American Academy of Trial Counsel.  Less than 1/2 of 1% of the lawyers in the United States are selected for this honor.  He was nominated by his peers and selected by Chambers USA: Leading Lawyers for Business  2008-2010 as one of the top business litigators in Atlanta.  Jeff is described as a "successful trial lawyer with a bright mind and independent style."  Also based on peer recommendations, Jeff was twice selected by Georgia Trend magazine as one of Georgia's most effective lawyers.  Only 34 lawyers were designated as "Elite Lawyers" for business litigation out of 37,000 Georgia lawyers.  Jeff also has been selected five times by Atlanta Magazine/Georgia Law & Politics as one of the top business litigators in Georgia. These awards represent an exceptional achievement for a lawyer from a small firm in Atlanta.

Jeff has handled a wide variety of business related disputes in the areas of accountant liability, business torts, contracts, corporate governance, covenants not to compete, employment, entertainment, franchise, insurance coverage, intellectual property, officer and director liability, securities litigation, shareholder disputes, and trade secrets.

Jeff has tried cases in Alabama, Delaware, Florida, Georgia, and Texas, which have lasted from 2 days to 7 months. Jeff has been involved in a number of high profile matters that have been written about in the New York Times, Wall Street Journal, Atlanta Journal Constitution, Tampa Tribune, Raleigh News & Observer, National Law Journal, Fulton County Daily Report, the Atlanta Business Chronicle, and Gainesville Times (Georgia).  Jeff served as one of the principal trial counsel for the defense in Avnet, Inc. v. Wyle Labs., Inc.  Avnet was seeking over $300 million in damages, and the case was tried for five months in Tampa, Florida. The jury reached a defense verdict which the National Law Journal selected as one of the top 10 defense verdicts.

Jeff is particularly well known for his corporate governance and trade secrets experience.  In 2009, Jeff was hired 2 months before trial to represent the CEO and EVP of a $1 billion Georgia financial institution in a shareholder derivative suit.  After a 7-day trial, the jury rendered a defense verdict.  http://www.gainesvilletimes.com/news/article/24697/#

Jeff was interviewed and quoted on corporate governance issues and corporate directors' fiduciary duties in a 2007 article in the Fulton County Daily Report about a hostile takeover battle involving two publicly traded companies.  http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?search_Keywords=jeffrey+d%2E+horst&individual_SQL=6%2F7%2F2007%4013680%2Ehtm&userSel=AMYEARAll

Jeff has won three cases of first impression in the Georgia Supreme Court in these areas. Grace Bros., Ltd. v. Farley Indus., Inc., 264 Ga. 817, 450 S.E.2d 814 (1994) (corporate governance case); Avnet, Inc. v. Wyle Labs., Inc., 263 Ga. 615, 437 S.E.2d 302 (1993) (trade secrets case); and Service Corp. Int'l. v. H.M. Patterson & Son, Inc., 263 Ga. 412, 434 S.E.2d 455 (1993) (corporate governance case).

Since 2004, Jeff has won 8 out of the 9 cases he has litigated in the Georgia Court of Appeals or Supreme Court.  In 2009, Jeff has won the following cases on appeal:

• An affirmance in the Georgia Superior Court of a denial of a preliminary injunction arising out of the management of apartment complexes.  M. Vincent Murphy III v. Robert A. McMaster, 285 Ga. 622 (2009)
• Reversing a trial court order vacating an artibtration award in favor of K&H's client.  Hansen & Hansen, Inc. et al. v. SCSJ Enterprises, Inc. et al., 2009 WL 1980940 (Ga. App.)
• Affirming partial dismissal of business tort claims.  Professional Energy Management, Inc. v. Necaise, et al., 2009 WL 3050598 (Ga.App. Sept. 25, 2009).

In 2007, the Georgia Court of Appeals affirmed the emergency appointment of a receiver on behalf of minority shareholders over the objections of the company's officers and directors.  Huffman v. Armenia, 284 Ga. App. 822, 645 S.E.2d 23 (2007), cert denied sub nom., Wilkinson v. Huffman, 2007 Ga. LEXIS 554 (Ga. July 12, 2007).

In 2005, Jeff won a significant victory in the Georgia Court of Appeals defending multimillion dollar corporate governance claims.  Ledford v. Smith, 274 Ga. App. 714, 618 S.E. 2d 627 (2005), (reconsideration denied), cert. denied, Ledford v. Smith, 2005 Ga. LEXIS 868 (Nov. 18, 2005). 

Many of Jeff's clients are referred to him by other attorneys because of his creative approach, trial experience, and successful track record in handling complex, cutting edge legal issues.  Jeff is one of the few lawyers who regularly goes to trial in business litigation matters.

Areas of Practice:

• Accountant Liability
• Appellate Practice
• Trial Practice
• Business Torts
• Contracts
• Corporate Governance
• Covenants Not to Compete
• Employment
• Entertainment
• Franchise
• Insurance Coverage
• Intellectual Property
• Officer and Director Liability
• Securities Litigation
• Shareholder Disputes
• Trade Secrets Litigation

Bar Admissions:

• Ohio, 1983
• Georgia, 1985
• U.S. District Court Northern District of Ohio, 1983
• U.S. District Court Northern District of Georgia, 1985
• U.S. Court of Appeals 3rd Circuit, 1985
• U.S. Court of Appeals 5th Circuit, 2006
• U.S. Court of Appeals 11th Circuit, 1989
  
• Pro Hac Vice admissions in Alabama, California, Delaware, Florida, Nevada, New York, North Carolina, Pennsylvania and Texas.

Education:

• The Ohio State University College of Law, Columbus, Ohio, 1983, J.D.
  
  • Honors: Recipient, Rebecca Topper Memorial Award, 1983, Ohio State Moot Court Distinguished Achievement Awards, (1981,1983)
    
  • Law Journal: Ohio State Law Journal, 1982 - 1983
    
• Miami University, 1979, B.Ph.

Representative Cases:

Oliver and derivative plaintiff AgGeorgia Farm Credit v. William Newberry and Alton Thornton (2009 jury verdict in favor of K&H's clients in a shareholder derivative case).  http://www.gainesvilletimes.com/news/article/24697/

Hansen & Hansen Enterprises, Inc. et al. v. SCSJ Enterprises, Inc. et al., 2009 WL 1980940 (Ga.App.) (reversing trial court’s vacatur of arbitration award in franchise dispute).

M. Vincent Murphy III v. Robert A. McMaster, 2009 WL No. S09A0799 (affirming denial of preliminary injunction concerning control and management of apartment complexes).

 

 

Professional Energy Management, Inc. v. Necaise, 2009 WL 3050598 (Ga.App. Sept. 25, 2009)(affirming partial dismissal of business tort claims).

 

Avnet, Inc. v. Wyle Labs., Inc., 263 Ga. 615, 437 S.E.2d 302 (Ga. 1993) (Litigated in both Georgia and Florida, this case involved the defense of Wyle Laboratories who was accused of raiding a competitor's employees and misappropriating trade secrets. Wyle won a defense verdict after a 5 month jury trial in Tampa, Florida, which the National Law Journal selected as one of the top 10 defense verdicts in the country in 2000).

Ledford v. Smith, 274 Ga. App. 714, 618 S.E. 2d 627 (2005), (reconsideration denied), cert. denied, Ledford v. Smith, 2005 Ga. LEXIS 868 (Nov. 18, 2005) (summary judgment awarded in trial and appellate courts for officer and director defendants on multimillion dollar corporate governance claims.)

Petroleum Logistics Corp. v. IBS Software, (2007 arbitration verdict in distributor termination case including a substantial attorneys fees award).

Stewart v. Smith, 291 Ga. App. 86 (2008)(affirming dismissal of summary judgment in defamation and invasion of privacy suit arising from publication of libelous book).

Huffman v. Armenia, 284 Ga. App. 822, 645 S.E.2d 23 (2007), cert denied sub nom., Wilkinson v. Huffman, 2007 Ga. LEXIS 554 (Ga. July 12, 2007) (the court of appeals affirmed the appointment of a receiver on an emergency basis on behalf of the minority shareholders and sanctions against two of the officer and director defendants and their lawyers).

Mixon v. Perical Solutions LLC, (2007 arbitration verdict for a minority LLC member on corporate governance claims).

Delta Airlines v. Blue Panorama Airlines, (representation of an Italian airline in contract litigation with Delta Airlines in Rome, Italy and federal court in Atlanta which was successfully resolved after a three day mediation in New York).

TUG Liquidation, LLC v. Atwood, 2004 Bankr. LEXIS 2383  (Bankr. M.D.N.C. June 16, 2004) (Prosecution of corporate governance and business tort claims seeking $27+ million by software company and its largest creditor against officers and directors).

Centre Equities, Inc. v. Legacy, (Successful defense of former officer on breach of fiduciary duty and business tort claims after 3-week jury trial in Alabama state court).

Grace Bros., Ltd. v. Farley Indus., Inc., 264 Ga. 817, 450 S.E.2d 814 (Ga. 1994) (Successful defense of officers and directors of a publicly traded company against shareholder claims).

Coca-Cola Bottling Co. of Elizabethtown, Inc. v. The Coca-Cola Co., (U.S.D.C., Delaware) (Representation of Coca-Cola bottlers against The Coca-Cola Company in a contract dispute spawning 16 published decisions, two 7 month bench trials in federal court in Delaware, and a multi-million dollar judgment by the trial court).

Westpark Walk Owners LLC v. Stewart Holdings LLC, 288 Ga. App. 633; 655 S.E.2d 254 (2007) (Affirmence of denial of preliminary injunction in real estate dispute).

Atlantic Investment Mgmt., LLC v. Coglianese, (Successful defense of accountant against accounting malpractice and tort claims brought by futures trading firm).

Evans Tech. v. High Path Group, LLC, (Preliminary injunction obtained against former employees and competitor on trade secrets and fiduciary duty grounds).

Leisure Time Techs. v. Johnson, (Successful dismissal of officer in breach of fiduciary duty claim by bankruptcy trustee).

Service Corp. Int'l v. H.M. Patterson & Son, Inc., 263 Ga. 412, 434 S.E. 2d 455 (Supreme Court of Georgia 1993) (Defense of board of directors against claims by major shareholder).

Wiederhold v. Wheeler, 266 Ga. App. 178, 596 S.E.2d 703 (Georgia Court of Appeals 2004) (Shareholder dispute resulting in contested settlement agreement enforced by trial court and affirmed by court of appeals.)

Weprin v. J. Chandler Peterson, 736 F. Supp. 1131 (U.S.D.C. N.D. Ga. 1988) (Plaintiffs’ verdict obtained in securities fraud case).

Other Reported Cases

Jimmy Smith Racing Tires, Inc. v. Ashleman, 2006 U.S. Dist. LEXIS 66964 (U.S.D.C. N.D. Ga. Sept.19, 2006).

Chemence, Inc. v. MacDermid Printing Solutions, L.L.C., 2006 U.S. Dist. LEXIS 24346 (U.S.D.C. N.D. Ga. April 27, 2006).

Avado Brands, Inc. v. KPMG LLP, 2006 U.S. Dist. LEXIS 96156, (U.S.D.C. N.D. Ga. March 3, 2006) (arbitration compelled in complex tax strategies case including claims of accounting malpractice and business torts).

Keeter v. KPMG LLP, 2005 U.S. Dist. LEXIS 42767 (U.S.D.C. N.D. Ga. May 16, 2005) (arbitration compelled in complex tax strategies case).

 

 

Classes/Seminars Taught:

• Speaker, Practical Litigation Issues for Closely Held Businesses, November 2007
• Speaker, The Privilege Against Self Incrimination in Civil RICO Cases, RICO Seminar, November 2005
• Faculty, Emory Trial Techniques Program, 1993 to present
• Lecturer, Trial Practice, 1997, 2001 
• Lecturer, Georgia Trade Secrets Law, 1996, 2002

Professional Associations and Memberships:

• Atlanta Bar Association, Member
  • Chair, Judicial Poll Committee, 2002-2003
  • Litigation Section
  • Chair, Courts Committee,  2001 - 2002
  • Sole Practitioners/Small Firm Section
  • Lawyers Club of Atlanta
    • Chair, Rules, Practice and Judiciary Committee
    • Membership Committee
      
  • Bond Community Federal Credit Union

    • Board of Directors

Published Works:

"The Application of Title VII to Law Firm Partnership Decisions," 44 Ohio State Law Journal 840, 1983.

"Recent Georgia Supreme Court Decision Impacts Corporate Officers and Directors" (Co-Author), Legal Trends, February, 1995.

"Georgia Supreme Court Decision on Advancing Litigation Expenses to Corporate Directors Stirs Controversy", Legal Trends, February, 1995.

"The 10 Biggest Mistakes Physicians Make Regarding Intellectual Property", (Co-Author With David Sirna), 2005.

Past Employment Positions:

• Bondurant, Mixson & Elmore, LLP, Partner, 1992 - 1995