Kana A. Caplan

Kana’s practice comprises a wide range of complex business litigation, often at the intersection of competition, corporate governance, fiduciary obligations, intellectual property, and employment.  She frequently writes and speaks on these topics. She loves learning about emerging technologies and industries, and translating a client’s story into a compelling legal presentation.  Her clients include Fortune 500 companies, private equity firms, family-owned companies, and individuals.

FOCUS:

• Trade Secrets/IP: Litigating disputes regarding theft of trade secrets and other intellectual property.
• Restrictive Covenants: Drafting and litigating non-compete and non-solicit agreements, protecting against theft of intellectual property, preserving corporate opportunities and inventions.
• Business Divorce: Negotiating and litigating the often-contentious separations of the owners of privately held businesses.
• Fiduciary, Estate, and Shareholder Disputes: Litigating allegations of wrongdoing against directors, officers, managing members, trustees, and executors.
• Contract Disputes: Litigating and advising on a wide variety of contractual issues, including failed M&A and real estate transactions; franchise agreements; and executive buy-outs.

Prior to joining Krevolin & Horst, Kana served as a law clerk to the Honorable Mark H. Cohen on the United States District Court for the Northern District of Georgia, where she managed hundreds of federal civil cases.   Before her clerkship, she practiced at King & Spalding in New York, where her practice focused on complex cross-border commercial litigation before courts and arbitral tribunals.

CLIENTS SAY:

“For years, I have relied on Kana to provide aggressive legal representation and strategic advice for my companies.  Kana is a dynamic attorney and her ability to quickly grasp complex problems and challenges have proven to be invaluable to me over the last decade. Kana is not an attorney content to simply churn a litigation file and bill hours.  She is by nature a problem-solver who helps clients understand the legal risks at issue and how to effectively navigate them.”  — Managing Principal, private equity firm

“Kana’s expertise, eagerness, hard work, and availability greatly reduced my anxiety through a stressful negotiation that resulted with the best outcome achievable for me. I was very glad for my collaboration with her and would highly recommend her.”  — Former client, aerospace industry

“Having never been involved in active litigation before, I was advised to seek assistance from Krevolin & Horst for my business divorce. I am extremely satisfied with the outcome. Kana’s attention to detail, deep knowledge, and unwavering passion for the law provided my family with the comfort and security we needed throughout the process. I highly recommend Kana and her team to any small business owner navigating a pivotal transition in their career.”  –Current client, custom manufacturing sector

“Kana is a smart, skilled attorney and a tough, but level-headed negotiator. She helped me, as trustee of my mother’s estate, to reach a fair settlement agreement with contentious family members. Although the circumstances were difficult, talking through the issues with Kana felt like talking with a close friend and her legal advice was always on target.”  — Former client, family trust trustee

RECENT VICTORIES:

• As plaintiff, obtaining the appointment of a receiver and order of dissolution in contentious business divorce case.
• As defendant and counter-claimant, obtaining a multi-million dollar arbitrator award real estate transaction dispute, including an award of attorneys’ fees.
• As defendant and counter-claimant, negotiating the early resolution of dispute between shareholders of a closely-held corporation.
• As defendant, negotiating the early resolution of a suit alleging trade secret theft and copyright infringement.
• As plaintiff, obtaining an arbitrator award of declaratory relief and attorney’s fees in shareholder dispute in a closely-held corporation.
• As plaintiff, negotiating the early resolution of case alleging trade secret theft and breach of NDA agreement.
• As defendant, successfully defending motion for preliminary injunction alleging breach of restrictive covenants.
• As plaintiff, successfully obtaining a TRO and award of fees against former vendor on trade secrets misappropriation.
• As plaintiff, successfully enforcing non-compete agreement against former employee.
• As plaintiff, successful resolving a breach of fiduciary duty suit against former financial advisor.