Accountant Liability

Over the last several years, as media attention on the important role accountants and accounting firms play in auditing and advising clients has dramatically increased, the firm's accountant liability practice has grown.  Krevolin & Horst prosecutes and defends cases involving accountant malpractice claims.  These cases typically involve complex issues regarding the adequacy and accuracy of the services provided by accounting firms.  For example, the firm successfully achieved dismissal of complex malpractice and business tort claims brought in federal court against an accounting firm that served companies engaged in the futures trading industry.  We also have represented accountants before accounting oversight/ regulatory agencies in several states.  Krevolin & Horst is currently representing a former big four accounting firm partner in several cases involving complex tax investment strategies. 

Business Torts

Krevolin & Horst represents both plaintiffs and defendants in cases involving business torts. These cases encompass suits brought by competitors, partners, llc members, employees, employers, minority shareholders, and joint venturers typically alleging fraud, tortious interference with business relationships, and breach of fiduciary duty. In Avnet, Inc. v. Wyle Labs., Avnet brought business tort claims seeking over $300 million in damages arising out of the hiring by Wyle of approximately 80 former Avnet employees. Jeff Horst was one of Wyle's principal trial counsel and 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 2000.

•  In 2009, the Georgia Supreme Court affirmed the denial of a preliminary injunction sought by our client's business partner arising from the management of multiple apartment complexes.  M. Vincent Murphy III v. Robert A. McMaster, 285 Ga. 622 (2009).  http://www.gasupreme.us/sc-op/pdf/s09a0799.pdf

Commercial Litigation

Krevolin & Horst's commercial litigation practice encompasses a wide variety of contract and business disputes.   A majority of our litigators have clerked for federal judges.  All have worked in major firms including Fried Frank, Williams & Connolly, Alston & Bird, Sutherland, Bondurant Mixson and others. 

Unlike many firms where lawyers have little or no trial experience, our lawyers have tried cases in a number of forums including arbitration, administrative, state and federal courts in Georgia and other states.  Although we strive to resolve cases expeditiously, we are engaged by many clients because we are skilled trial lawyers. Based on peer recommendations, Jeff Horst has been recognized twice by Georgia Trend, five times by Atlanta magazine, and twice by Chambers USA Guide to Leading Lawyers for Business as one of the top business litigators in Georgia. Jeff has had trials lasting from 2 days to 7 months in Alabama, Delaware, Georgia, Florida, and Texas, and we have been engaged to handle matters in many other states. Many lawyers refer significant litigation matters to us because of our experience in successfully resolving complex disputes.

• In 2009, we won a decision in the Georgia Court of Appeals reversing a trial court ruling vacating an arbitration award in our client's favor.  Hansen & Hansen Enterprises, Inc. et al. v. SCSJ Enterprises, Inc. et al., 2009 WL 1980940 (Ga.App.).
• In 2007, we won a large award including substantial attorneys fees in arbitration in a distributorship termination case
• We represented an Italian airline in contract litigation with Delta Airlines in lawsuits in Rome, Italy and federal court in Atlanta. The cases were successfully resolved after a three day mediation in New York.  

Commercial Real Estate

Krevolin & Horst has a significant commercial real estate practice representing owners, developers, and lenders.  The firm has served as southeast regional counsel for a major national real estate company.  The firm engages in acquisitions, divestitures, development, finance, and investment activities for multi-family housing, retail, commercial, and industrial property in Atlanta and throughout the Southeast. The firm regularly negotiates leases for landlords and tenants.  We also have an active commercial real estate and zoning litigation practice when disputes cannot be resolved through negotiation.

Corporate and Contract

Krevolin & Horst's corporate practice provides strategic assistance to individuals, entrepreneurs, start-ups, and other entities concerning organizational structure, business operations, buy/sell, mergers, acquisitions, divestitures, financing transactions, and contractual issues. We also assist in forming partnerships, joint ventures, and national and international distribution arrangements. Doug Krevolin is a graduate of the Wharton School at the University of Pennsylvania and has substantial experience providing practical business and legal advice to clients. Based on peer recommendations, Doug has been recognized by Atlanta magazine as one of the top business lawyers in Georgia and by Georgia Trend magazine as one of the 2006 Georgia Legal Elite for business law.  We serve as outside general counsel to a number of small to medium sized businesses and handle their day-to-day legal needs. Our corporate practice includes preparing Buy/Sell, Shareholder, Operating, Loan, Employment, Non-Compete, and Trade Secret/Non-Disclosure agreements.

Corporate Governance/Officer and Director Liability

Krevolin & Horst is well known for its corporate governance practice which focuses on advising officers, directors, and shareholders about their rights and obligations and representing parties in corporate governance disputes.  The firm routinely prosecutes and defends suits relating to corporate governance matters, valuation, and shareholder disputes.  In many instances, we are engaged by corporate counsel to represent an individual officer or director. Generally, 50 percent or more of our caseload involves corporate governance and business tort issues.

Our lawyers' extraordinary success in this area includes:

• In 2009, we were hired 2 months before trial to represent the CEO and EVP of a major Georgia financial institution in a shareholder derivative case.  After a 7-day trial, the jury returned a defense verdict in our clients' favor.  http://www.gainesvilletimes.com/news/article/24697/
• In 2007, we won an arbitration award on behalf of a minority LLC member including attorneys fees.
• We successfully had a receiver appointed to take over supervising the operations of a company on an emergency basis on behalf of the minority shareholders.  We won the appeal of the trial court's order. See 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, we achieved a summary judgment in the trial and appellate courts for the defendants on all corporate governance claims in a multimillion dollar management buyout case.  See 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).
• Jeff Horst won two cases of first impression on behalf of corporate officers and directors in the Georgia Supreme Court relating to provisions of the Georgia Corporate Code.  See Grace Bros., Ltd. v. Farley Industries, Inc., 264 Ga. 817, 450 S.E.2d 814 (1994) (construing dissenters rights); Service Corp. Int'l. v. H.M. Patterson & Son, Inc., 263 Ga. 412, 434 S.E.2d 455 (1993) (construing advancement of expenses and indemnification).
• In a complex, multi-party case, we were the only firm to obtain a dismissal, prior to discovery, of an officer alleged to have breached her fiduciary duties.
• In a multimillion dollar case that received media attention in North Carolina, the firm was lead counsel for an e-commerce B2B software company's largest unsecured creditor alleging wrongdoing against the officers and directors for burning through over $125 million in venture capital and causing the company to fail.  The defendants were represented by six large national law firms.  

Employment Law

Krevolin & Horst's employment practice encompasses advising employers and employees concerning a broad spectrum of employment issues.  The firm's transactional lawyers prepare employment agreements, covenants not to compete, and trade secret and confidentiality agreements.  We regularly negotiate employment agreements and severance packages for high level managers and executives.

The firm's litigators advise clients about their rights and obligations under employment agreements, covenants not to compete, and federal anti-discrimination laws.  Whether we are representing employers or employees, we try to resolve employment disputes before a lawsuit is filed to avoid costly litigation and potentially negative publicity.  The firm's lawyers have handled claims and lawsuits relating to age, gender, race, and national origin discrimination, sexual harassment, as well as wage and hour matters pursuant to the Fair Labor Standards Act ("FLSA").  By representing both employers and employees, we have gained extraordinary insight and experience that is invaluable to clients confronting employment issues. 

Entertainment Litigation

• In 2009 we have been engaged by Soulja Boy's father in litigation concerning a recording contract and Soulja Boy's former legal and business advisors.
• In 2009 we have been engaged by Pendulum Records and Walker-Davis Entertainment concerning breach by the artist Regina Belle of her recording contract.

Environmental

Environmental issues are of increasing concern and impact not only businesses but individuals.  With recognized substantive expertise, technical knowledge, and litigation experience, coupled with practicality and creativity, Krevolin & Horst offers a full range of environmental services in a cost-effective manner while preserving our clients’ business and personal objectives.  We have represented clients throughout the country on permitting, compliance, enforcement, and litigation matters under all of the major federal environmental statutes and their state counterparts, including the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act (hazardous waste, solid waste, and underground storage tanks); the Comprehensive Environmental Responsibility, Compensation, and Liability Act (Superfund); the Emergency Planning and Community Right-to-Know Act; the National Environmental Policy Act; the Toxic Substances Control Act; the Endangered Species Act; the Surface Mining Control and Reclamation Act; the Safe Drinking Water Act; dry cleaning facility restoration trust fund programs; and spill reporting laws.  Additionally, we have represented clients in matters arising under the Perishable Agricultural Commodities Act.  Our clients include manufacturers, energy and alternative energy companies, recyclers, waste hauling and waste disposal companies, wastewater treatment facilities, healthcare providers, developers, lenders, and local governments.

Representative matters we have handled include:  

• Counseled local governments in connection with the privatization of water and wastewater systems.
• Prevented disclosure by Georgia EPD of alleged trade secret information regarding CFC-substitute used as blowing agent by building products manufacturer.
• Successfully defended citizen suit brought under the Clean Air Act to prevent construction of electric power plant.
• Obtained and defended the necessary permits for the construction and operation of electric power plants owned and operated by various independent power producers.
• Obtained and defended landfill permits.
• Successfully defended more than ten solid waste permits issued by the Georgia EPD.
• Successfully defended environmental justice claim brought against the Georgia EPD.
• Participated in interstate negotiations over water rights.
• Counseled clients on remediation and brownfield projects.
• Obtained conservation easement for largest remaining tract of undeveloped land along the Chattahoochee River in Fulton.   County
• Obtained stream buffer variances and wetlands permits for various residential and commercial development projects.
• Handled environmental due diligence in corporate and real estate transactions.  

Franchise

Krevolin & Horst's franchise practice encompasses providing strategic advice to individuals, entrepreneurs, and franchise companies concerning business opportunity, business development, and litigation issues.  The firm represents both franchisees and franchisors. As entrepreneurs who started our own firm, we understand the risks and rewards associated with entrepreneurial endeavors like franchises.  In one case, a franchisee represented by the firm won a weeklong arbitration and was awarded rescission, compensatory damages, and attorney's fees against a national franchiser.  We currently are defending two national franchise companies in arbitration.

Insurance Coverage

Krevolin & Horst advises and represents policyholders in disputes with their commerical insurers about coverage.  We represent policyholders in commercial insurance coverage disputes and coverage litigation cases, including the duty to defend, choice of law, punitive damages, and coverage for the costs of loss mitigation.  We represent policyholders in disputes arising out of coverage for environmental liability, intellectual property disputes and advertising injuries, product liability, director and officer liability, and employment practices.

Intellectual Property and Trade Secrets

Krevolin & Horst works with clients to protect their trade secrets and intellectual property. The firm's lawyers draft licensing agreements and trade secret/non-disclosure agreements.

The firm litigates, often on an emergency basis, trade secret, trademark, and copyright issues on behalf of both employers and employees.  Our outstanding track record in this area includes:

• The firm frequently has been successful in obtaining preliminary injunctions against former employees and competitors.

• In a case that received media attention, Jeff Horst successfully obtained a temporary restraining order for Atlanta's largest radio station when a former executive left for a new competitor.

• Jeff Horst also won a case of first impression in the Georgia Supreme Court on a trade secrets issue. Avnet, Inc. v. Wyle Labs., Inc., 263 Ga. 615, 437 S.E.2d 302 (1993) (establishing that the Georgia Trade Secrets Act does not prohibit employees from using what is in their head absent a written non-competition agreement).

• The successful resolution of a copyright and trademark infringement case in federal court in California defending a Georgia corporation.  

Securities Litigation

Krevolin & Horst has extensive experience representing broker-dealers, registered representatives, investment advisers, and financial planners in complex civil litigation in both state and federal courts.  We also regularly arbitrate claims before the NASD, the American Arbitration Association, and other self-regulatory organizations, and have represented clients in arbitration proceedings throughout the country.  The firm handles claims of securities fraud, unsuitability, misrepresentation and omissions, and various other sales practice violations.

Technology

Krevolin & Horst has an active technology practice, and our firm is particularly well suited to understand the needs of entrepreneurs and start-up companies and provide cost effective representation.  We represent a number of internet and small software companies engaged in electronic commerce.  Our practice focuses on providing strategic business, legal, and operational advice as well as obtaining venture capital.