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In News Posted

Caplan Cobb Named a “Best Place to Work” by the Atlanta Business Chronicle

1-2017-08-07 Image for Press Release

 

Caplan Cobb, an Atlanta law firm specializing in complex civil litigation and appellate matters, has been named a Best Place to Work for 2017 by the Atlanta Business Chronicle. The Chronicle recognizes just 100 companies as being the best places to work in Atlanta.

“We are thrilled to have received this award,” said Michael Caplan and James Cobb, Caplan Cobb’s founding partners. “We’ve always known that our lawyers and staff are among the absolute best in Atlanta, and it’s especially gratifying to see that they feel the same way about this firm.”

Each year, the Atlanta Business Chronicle partners with Quantum Workplace to find Atlanta companies with the most engaged employees. Winners are chosen based solely on employees’ responses to confidential surveys. According to Quantum, the survey is aimed at discovering those companies “where voices are heard, cultures are thriving, and employees are engaged.”

Caplan Cobb was founded in early 2014 and, since then, has grown its roster of lawyers and staff by about 600 percent. Brandon Waddell, who was Caplan Cobb’s first associate, said of the firm, “One of the most rewarding things about working here is the opportunity we all have to contribute meaningfully to the firm’s decisions—for our clients and for ourselves. That culture makes us all better at what we do, and it has attracted a remarkably talented team.”

Caplan Cobb and the other selected organizations will be formally recognized at a banquet on September 6, 2017 at the InterContinental Buckhead Atlanta.

 

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In News Posted

Caplan Cobb is Hiring

Caplan Cobb LLP is seeking an associate attorney with approximately two to four years of litigation experience, preferably with a focus on complex business disputes. Experience as a federal law clerk is preferred. This is an opportunity to join a dynamic and collegial law firm with a model that emphasizes substantial involvement by associates in all aspects of the firm’s cases and business. Competitive compensation and benefits. Interested candidates should send a resume and cover letter to info@caplancobb.com.

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In News Posted

Caplan Cobb Celebrates Its Third Anniversary

Caplan Cobb Celebrates Its Third Anniversary

Caplan Cobb LLP, an Atlanta law firm specializing in business and complex litigation, is celebrating the end of its third successful year. During its third year, we achieved great results, added to our diverse set of clients, and grew our roster of attorneys and staff.

Our Clients

Adding to its diverse client base, Caplan Cobb represented:

  • Fortune 100, 500, and 1000 and multi-national companies and in the financial services, retail, media, materials, and payment sectors;
  • privately held companies in a variety of industries, including retail, pharmaceutical, hospitality, multi-family housing, media, technology, manufacturing, visual arts, logistics, banking, professional services, and private equity;
  • multiple companies in the healthcare sector, including a publicly-traded consulting firm in defense of a class action, a medical equipment firm in defense of claims under the False Claims Act, and a pharmaceutical company in defense of business-tort claims;
  • clients from all over the United States, including from Georgia, New York, California, Connecticut, Washington, D.C., Tennessee, Kentucky, Alabama, Michigan, Ohio, and Florida;
  • a variety of local and national non-profit organizations; and
  • individual directors and officers, executives, business owners, lawyers, accountants, healthcare professionals, and trust beneficiaries.

Notable Successes

On behalf of plaintiffs, Caplan Cobb lawyers:

  • Recovered $3.25 million in premises liability case involving unique issues of discovery and apportionment (served as issues and appellate counsel in support of well-known trial litigation firm).
  • Successfully pursued claims on behalf of CEO of North American subsidiary of international technology company seeking severance and buyout of CEO’s equity interest.
  • Recovered $2.0 million, the full policy amount, in insurance coverage dispute.
  • Represented numerous media organizations to enforce Georgia’s sunshine laws, including the Open Records Act.
  • Secured settlement on behalf of CEO and shareholder of international logistics company resulting in our client securing complete ownership and control of company and its business interests.
  • Recovered multi-million dollar interest in multi-family development on behalf of commercial real estate investor in dispute with business partner.

On the defense side, Caplan Cobb lawyers:

  • On behalf of pharmaceutical company, defeated a motion for preliminary injunction in federal court seeking to shut down company’s manufacture of pharmaceutical product.
  • Represented senior partner of international professional-services firm in defense of claims brought by the federal government.
  • On behalf of investment firm involved in multi-state litigation arising out of breakup of technology firm, secured walk-away resolution.
  • On behalf of a national bank, prevailed on legal and equitable claims by another national bank and secured recovery of attorney’s fees.
  • Successfully deterred CFPB from taking action against corporate target of investigation.
  • On behalf of publicly-traded consulting firm, successfully resolved economic damages class action resulting in classwide release.

Recognition

In its third year, Caplan Cobb’s lawyers were recognized for their professional accomplishments. Partners James Cobb and Mike Caplan, senior counsel Amy Kelly, and associate Ben Cheesbro were selected by Georgia Super Lawyers Magazine as Rising Stars in Business Litigation. Caplan and Cobb were also named to Georgia Trend Magazine’s list of the “Legal Elite” in Georgia.

Pro Bono & Community Service

Caplan Cobb lawyers continued their commitment to community service by serving in leadership positions for a number of non-profits, including the Southern Center for Human Rights, the Wylde Center, the Episcopal Church of the Epiphany, the Fernbank Museum of Natural History, and PeaceRock.

Caplan Cobb lawyers also handled a number of legal matters on a pro bono basis:

  • James Cobb, Amy Michaelson Kelly, and Brandon Waddell obtained injunction against Georgia Secretary of State’s voter registration ID matching system, re-enfranchising over 50,000 Georgia voters.
  • Mike Caplan and Sarah Brewerton-Palmer are lead counsel in an appeal in the Georgia Supreme Court on behalf of Undisclosed, LLC, a well-known podcast, relating to the constitutional right of access to the courts.
  • Brandon Waddell won an appeal on behalf of an indigent federal prisoner in a case involving claims under the Federal Tort Claims Act.
  • James Cobb and Brandon Waddell filed a petition seeking information relating to the State of Georgia’s procurement of drugs used in lethal injections.
  • Mike Caplan, James Cobb, Amy Michaelson Kelly, and Brandon Waddell represented an Iranian legal permanent resident in connection with a January 2017 executive order on immigration.
  • Mike Caplan and Brandon Waddell helped secure the release of Justin Chapman, the subject of the AJC’s podcast, “Breakdown.”

New Members of Our Team

In 2016, Caplan Cobb continued to expand its team by adding two new attorneys and a paralegal.

Amy Michaelson Kelly
Senior Counsel
Amy joined us after practicing at Greenberg Traurig, LLP. She is a magna cum laude graduate of the University of Tennessee College of Law, is an alumnus of LEAD Atlanta, and was named as one of Georgia Trend Magazine’s “40 Under 40” outstanding Georgians for her professional achievements and contributions to community.

Sarah Brewerton-Palmer
Associate
Sarah graduated magna cum laude from the University of Michigan Law School, served as a law clerk for Judge Jill Pryor of the United States Court of Appeals for the Eleventh Circuit, and has practiced with Jenner & Block LLP in Chicago and a business litigation boutique in Atlanta.

Will Bishop
Senior Paralegal & Litigation Specialist
Will is a graduate of Davidson College and has spent his career at Greenberg Traurig, LLP in Atlanta and Cleary Gottlieb Steen & Hamilton LLP in New York. His experience includes extensive work on complex litigation and e-discovery matters, including supervising other paralegals on litigation matters and managing large-scale document reviews.

Caplan Cobb is Hiring in 2017

Caplan Cobb is looking to hire an associate with two to four years of business-litigation experience.  Experience as a federal law clerk is preferred.  If you know of a qualified candidate, please call us at (404) 596-5600 or email us at info@caplancobb.com.

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We thank all of our clients, partners, co-counsel, referring attorneys, and friends for the contributions you have made to our continued success.

 

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In News Posted

Caplan Cobb Welcomes Two New Lawyers

Caplan Cobb LLP is pleased to announce the addition of its two newest lawyers:  Amy Michaelson Kelly and Sarah Brewerton-Palmer.

With the addition of Amy and Sarah, Caplan Cobb now has seven lawyers handling a wide array of complex civil and business litigation in state and federal courts around the country.

Amy_Kelly_006_FINAL_hi-res_236x260_bio-imageAmy Michaelson Kelly joined our team in June of 2016 as senior counsel. Before coming to Caplan Cobb, Amy practiced in Atlanta with an international Am Law 100 firm, focusing on high-stakes business litigation. She is a graduate of LEAD Atlanta and, from 2012 to 2015, co-chaired the ServiceJuris organization. In 2014, Georgia Trend Magazine named Amy to its annual “40 Under 40” list. Amy is a magna cum laude graduate of the University of Tennessee College of Law. You can read more about Amy here.

 

 

 

Sarah_Brewton-Palmer_10_FINAL_hi-res_236x260_bio-sizeSarah Brewerton-Palmer joined Caplan Cobb as an associate in May of 2016. She previously practiced with an Am Law 100 firm in Chicago and a business-litigation boutique in Atlanta. Sarah graduated magna cum laude from the University of Michigan Law School and served as a law clerk for Judge Jill Pryor of the U.S. Court of Appeals for the Eleventh Circuit. You can read more about Sarah here.

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In News Posted

Caplan Interviewed by WSB-TV about Citizen-Journalist Case

Caplan Cobb’s Mike Caplan and Brandon Waddell, along with legendary criminal defense lawyer Bruce Harvey and famed civil rights lawyer Gerry Weber, represent Nydia Tisdale, a citizen journalist who was physically assaulted by a Dawson County Sheriff’s deputy while she was filming an open Republican Party campaign event. Despite that Nydia did nothing more than ask the Sheriff’s deputy to “identify” himself while being dragged out of the event, Dawson County indicted Nydia on bogus charges of “obstruction of justice.” The indictment was handed down more than a year after the incident, but only weeks after our legal team informed the Dawson County Sheriff’s Office that Nydia intended to bring a civil lawsuit–and after the Sheriff’s Deputy announced his plan to run for county sheriff.

Caplan’s interview about the questionable timing and politics surrounding Dawson County’s indictment of Nydia will feature at 5pm on Monday on WSB-TV.

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In News Posted

Caplan Cobb Celebrates Its Second Anniversary

Two Years and Going Strong

Caplan Cobb LLP, an Atlanta law firm specializing in business and complex litigation, is celebrating the end of its second successful year.  During its second year, Caplan Cobb added to its diverse set of clients, grew its roster of attorneys and staff, and expanded into a new office space.

Clients

Adding to its diverse client base, Caplan Cobb represented:

  • Fortune 500 and 1000 companies in the financial services, retail, media, and payment sectors;
  • multiple companies in the healthcare sector, including a publicly traded consulting firm in defense of a class action, a medical equipment firm in defense of claims under the False Claims Act, and a pharmaceutical company in defense of business-tort claims;
  • privately held companies in a variety of industries, including retail, food services, defense, professional services, private equity, energy, media, distribution, and manufacturing;
  • a variety of local and national non-profit organizations; and
  • individual doctors, lawyers, business owners and executives, trustees and trust beneficiaries, and public and private whistleblowers.

Notable Wins

On the plaintiff’s side, Caplan Cobb lawyers chalked up a number of notable wins, including:

  • A seven-figure settlement for a telecommunications company in a dispute relating to a business acquisition.
  • A six-figure settlement for a telecommunications company in a business dispute.
  • Multiple settlements of copyright claims on behalf of a well-known Southeastern artist.
  • Along with co-counsel Bobby Lee Cook, a $500,000 settlement in a dispute against a national retailer.
  • A six-figure settlement for a citizen journalist in a case alleging deprivation of her First Amendment rights.
  • A six-figure settlement for an international private-equity company that invests in alternative-energy projects.

On the defense side, Caplan Cobb lawyers:

  • Successfully defended a Fortune 500 media conglomerate against a defamation claim.
  • Represented a national bank in defense of legal and equitable claims brought by another national bank. Successfully defeated all claims and obtained a partial recovery of attorney’s fees.
  • Successfully defended a pharmaceutical company against claims arising out of a joint venture. Obtained a complete defense verdict following a multi-day trial.
  • Successfully defended an Atlanta-based media company against intellectual-property infringement claims.
  • Represented a national defense manufacturer in bid-protest actions in various Georgia counties and municipalities.
  • Defended a major vehicle manufacture against federal warranty claims.
  • Acted as lead defense counsel in multi-state litigation over an investment in the defense industry.
  • Represented clients in civil investigations brought by various federal governmental agencies, including the Securities & Exchange Commission, Department of Justice, and Consumer Finance Protection Bureau.
  • Represented a multi-billion-dollar nonprofit foundation in a case pending before the United States Supreme Court.
  • Represented numerous business operators and investors in closely held business disputes over ownership and control.

Recognition

This year, Caplan Cobb’s lawyers were recognized for their legal and community work. Partners James Cobb and Mike Caplan, along with associate Ben Cheesbro, were selected by Georgia Super Lawyers Magazine as Rising Stars in Business Litigation. All three were also named to Georgia Trend Magazine’s list of the “Legal Elite” in Georgia. Additionally, the Fulton County Daily Report selected James Cobb as one of the 40 lawyers in Georgia under the age of 40 who are “On the Rise.”

Pro Bono & Community Service

Caplan Cobb lawyers continued their commitment to pro bono and community service by serving in leadership positions for a number of nonprofits, including the Southern Center for Human Rights, the Wylde Center, and the Fernbank Museum of Natural History.

Caplan Cobb lawyers also handled a number of legal matters on a pro bono basis:

  • James Cobb represents a national voting-rights nonprofit in a dispute with a state government;
  • Ben Cheesbro was lead trial counsel for the father in an international child-custody case;
  • Brandon Waddell argued in the Eleventh Circuit on behalf of an indigent federal prisoner;
  • Mike Caplan and Brandon Waddell worked with an Atlanta-based nonprofit towards systemic reforms of Georgia’s indigent defense system; and
  • Mike Caplan’s pro bono work obtaining the release of Justin Chapman – who was wrongly convicted of murder and arson and was improperly incarcerated for eight years – was the subject of the AJC’s podcast series, Breakdown.

Our Team

In 2015, Caplan Cobb continued to expand its footprint. On the personnel side, we added Ben Cheesbro to the firm as an associate and Toni Brown as a litigation assistant. Ben joined the firm after having graduated with honors from the University of Georgia School of Law, clerked for Chief Judge Lisa Godby Wood of the U.S. District Court for the Southern District of Georgia, and practiced for a number of years with Troutman Sanders LLP in Atlanta.

Caplan Cobb is looking to hire an associate with two or more years of business-litigation experience.  Experience as a federal law clerk is preferred.  If you know of a qualified candidate, please call us at (404) 596-5600 or email us at info@caplancobb.com.

Office Expansion

We also expanded our office space, moving to a new location in the Four Seasons building in Midtown, Atlanta.

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We thank all of our clients, partners, co-counsel, referring attorneys, and friends for the contributions you have made to our continued success.

 

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In News Posted

Super Lawyers Magazine Honors Three Caplan Cobb Lawyers

Congratulations to Caplan Cobb partners Mike Caplan and James Cobb and associate Ben Cheesbro for being named to the list of Rising Stars in business litigation by Super Lawyers magazine.  This honor is limited to 2.5% of all lawyers in Georgia.  This is Mike’s fifth time, James’s fourth time, and Ben’s first time being name to the list.  You can read more about the selection process, and see the full list of honorees, here.

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In News Posted

Caplan Cobb LLP Moves to 75 Fourteenth Street in Midtown Atlanta

Caplan Cobb LLP is pleased to announce that it has moved its offices to 75 Fourteenth Street, the Tower above the Four Seasons Hotel.  Caplan Cobb’s new office is centrally located in Midtown Atlanta, with easy access to the state and federal courts, Atlanta’s various transportation hubs, I-75/85, and Midtown’s many restaurant and entertainment options.

Please update your records with Caplan Cobb’s new mailing address:

Caplan Cobb LLP
75 Fourteenth Street, N.E.
Suite 2750
Atlanta, Georgia 30309

Caplan Cobb’s offices are on the 27th floor, which can be accessed through the lobby of the Four Seasons Hotel.  Complimentary valet parking is available to all guests and clients.

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(Photo “Autumn Atlanta 1 026” by Atlantacitizen (licensed under CC BY-SA 3.0 via Commons))

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In News Posted

The Daily Report Names James Cobb to Its List of Lawyers “On the Rise”

Caplan Cobb is pleased to announce that The Daily Report has named our partner, James Cobb, to its 2015 list of the 40 lawyers in Georgia under the age of 40 who are “On the Rise.”  This is a tremendous honor that follows a highly competitive selection process.  As The Daily Report describes the award:

“The Daily Report is proud to announce our 2015 class for ‘On the Rise’—a selection of Georgia lawyers under the age of 40 who are making a difference in the community and will continue to do so in the future. . . . Our honorees have made significant impacts on behalf of their clients. Some are likely candidates to one day serve the judicial system as judges and justices. Some already have big verdicts under their belts. Others are dealmakers in complex multimillion-dollar transactions. All told, the candidates were selected not only for what they’ve achieved thus far, but for what we believe they’re likely to accomplish for the legal profession and for their respective communities in the future.”

Caplan Cobb lawyers have a successful history with this award — in 2013, The Daily Report named Mike Caplan to the same list.

James is a trial and appellate lawyer who concentrates his practice in complex business disputes, constitutional and tort litigation, and federal and state appeals.  You can contact him at jcobb@caplancobb.com or (404) 596-5600.

For more information about the “On the Rise” award, or to see the full list of recipients, follow this link: http://www.dailyreportonline.com/id=1202731508812/Daily-Report-Announces-2015-On-the-Rise-Class#ixzz3fJVguBVc

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In News Posted

Caplan Cobb Seeks Part-Time Administrative Assistant

Caplan Cobb LLP, a boutique business-litigation law firm in Midtown Atlanta, is looking for a part-time legal assistant to handle administrative and office-management responsibilities.

This is a unique opportunity to join a firm of friendly and energetic lawyers and staff and to be an integral part of a closely knit and sharp team.  Interested candidates should submit a resume and cover letter by e-mail to info@caplancobb.com. No phone calls please.

Skills:

The successful candidate will be responsible for a variety of administrative and office-management tasks, including maintaining and organizing electronic and hard-copy files; preparing and processing correspondence and other documents; cite-checking and editing briefs, memoranda, and other legal documents; managing certain aspects of the office and its operations; supporting at least four litigation attorneys; answering phones and greeting visitors and clients; interfacing with vendors; and attending to other day-to-day operational tasks.

Job Requirements:

Candidates should have the following qualities:

  • excellent interpersonal skills;
  • a positive attitude;
  • professional demeanor;
  • great attention to detail and proofreading skills;
  • comfort with technology;
  • familiarity with the maintenance of legal files;
  • the capacity to be a self-starter and to take initiative;
  • good judgment;
  • the ability to manage multiple priorities; and
  • the desire to work for multiple attorneys in a fast-paced, team-oriented, and fun environment.

In addition, familiarity with state and federal legal systems and with the litigation process at the trial and appellate levels is preferred.

Required Experience:

A minimum of two years of experience as an administrative assistant, with preference given to those with law-firm experience in civil litigation.  Strong Microsoft Office skills and typing is required. Ability to transcribe dictation preferred.  Comfort (or the ability quickly to become comfortable) with Apple-based systems strongly preferred.

Hours and Pay:

Approximately 25-30 hours per week, with a preferred schedule of approximately 10 am to 4 pm, Monday through Friday (with a 30-minute break for lunch).  Hourly pay rate of $15-$20, depending on experience.

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In News, Results, Uncategorized Posted

Caplan Cobb Obtains TRO and Order Appointing Receiver in High-Stakes Real Estate Dispute

Caplan Cobb won a temporary restraining order and order appointing a receiver in a case involving a multi-million dollar real estate investment.  The case involves a dispute between the members of a real estate venture.  Within weeks of being retained by one of the two members of the venture, Caplan Cobb attorneys Michael Caplan and Ben Cheesbro filed a lawsuit and obtained an order restraining the other member from conducting any financial transactions on behalf of the company.  Several weeks later, after Caplan Cobb filed a motion for the appointment of a receiver, the Court appointed a receiver to manage the affairs of the company.

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In News, Uncategorized Posted

Caplan Cobb’s Work Featured in AJC Podcast Series “Breakdown”

On Sunday, the AJC began “Breakdown,” its 7-part podcast series on the Justin Chapman case.  Caplan Cobb partner Mike Caplan is featured in the series and is co-lead counsel in the case.

Bill Rankin’s account opens with Chapman’s trial lawyer describing when she first approached Caplan with the case. Caplan asked her, on a scale of 1 to 10, how convinced she was of Chapman’s innocence. Her answer: “11.”

A new episode will be released each week. Stay tuned for more discussion about the podcast, as well as updates on the Chapman case.

AJC’s Breakdown Homepage

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In News Posted

Case Analysis: Plaintiff Rejects Defendant’s Offer to Settle for $25,000 Under O.C.G.A. § 9-11-68; Ends up on the Hook for $27,000 of Defendant’s Fees and Expenses

In Bell v. Waffle House Inc., the Georgia Court of Appeals discussed the procedural requirements for Georgia’s offer-of-settlement statute, O.C.G.A. § 9-11-68.  The Bell plaintiff claimed he was wrongfully arrested while he was a patron in the defendant’s restaurant. After suit was filed, the defendant made an offer to settle the claim for $25,000, in accordance with O.C.G.A. § 9-11-68(a). The plaintiff rejected the defendant’s offer.

Under Georgia’s offer-of-settlement statute, O.C.G.A. § 9-11-68(b)(1), if a defendant makes an offer to settle a tort claim, and the plaintiff rejects the offer, the defendant is entitled to recover its fees and expenses incurred from the date of the offer through the entry of final judgment, so long as the ultimate judgment obtained by the plaintiff is less than 75 percent of the defendant’s offer or the final judgment is one of no liability. Section 9-11-68(b)(2) provides a similar framework for a plaintiff making an offer of settlement, where the defendant rejects the offer.

In Bell, after the plaintiff rejected the settlement offer, the trial court granted summary judgment to the defendant. The defendant then moved to recover its fees and expenses under O.C.G.A. § 9-11-68(b)(1). The plaintiff challenged the request, based solely on the defendant’s failure to submit affidavits from every timekeeper who worked on the case. The trial court rejected the plaintiff’s argument and awarded the defendant over $27,000 in fees and expenses without conducting a hearing.

The plaintiff appealed the fee award, arguing that the trial court erred by not conducting a hearing on the motion. The defendant argued that the provision’s silence, coupled with a reference to a mandatory hearing elsewhere in the statute, means that the statute does not require an evidentiary hearing for fee requests under O.C.G.A. § 9-11-68(b).

The Georgia Court of Appeals affirmed the trial court’s award despite the lack of a hearing. The Court of Appeals agreed that O.C.G.A. § 9-11-68(b) is silent on whether a hearing is required, but noted that hearings are generally required for other fee-shifting statutes. The Court of Appeals explained that “even where the Code does not require hearings, Georgia’s courts have required hearings because such an award must be supported by evidence-based factual findings.” Nonetheless, the Court of Appeals found that the plaintiff waived any right to a hearing by making only a “procedural” challenge to defendant’s request, and by not challenging the reasonableness of the fees requested or the substance of the movant’s evidence.   Thus, the trial court committed no error by granting the fee request without a hearing.

Although the court in Bell failed to establish a bright line rule for when (if ever) a hearing is required under O.C.G.A. § 9-11-68(b)(1), the court provided some useful clues about how parties should approach fee requests under the statute. If your opponent moves for fees under O.C.G.A. § 9-11-68(b), a party should raise all challenges to the request in its response, especially challenges to the reasonableness of the fees and the substance of the opponent’s evidence. Likewise, a party should explicitly request a hearing on the issues.

If, on the other hand, a party is moving for fees based on a rejected offer of settlement, and the opposing party raises challenges the request, the party seeking fees should consider requesting, or consenting to, an evidentiary hearing. The Bell opinion strongly suggests that an evidentiary hearing may be required when the responding party raises certain challenges. Opposing a request for a hearing in the trial court will almost certainly cause the other party to argue on appeal that a hearing was required.

The case is Bell v. Waffle House Inc., A14A2303, 2015 WL 1260126, (March 20, 2015). A copy of the opinion can be found here.

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In News Posted

Caplan Cobb Helps End the Wrongful Incarceration of Justin Chapman

Yesterday, Mike Caplan traveled to meet his client, Justin Chapman, who was being released from prison—a free man after almost 8 years of wrongful incarceration. Justin’s release follows the Georgia Supreme Court’s recent decision affirming, unanimously, the grant of Justin’s habeas petition. Mike, along with John Rains of Bondurant Mixson & Elmore, Frank Hogue, and a team of litigation support and investigators, worked tirelessly for Justin’s cause.

Mike shared some pictures of this special moment. Justin’s daughter, Chloe Chapman, was an infant when Justin was first accused of arson and murder in 2006. She is the proud 9-year-old in the second photo, beaming at her first sight of her father outside of prison walls.

Justin, who has no criminal record, is on the hunt for gainful employment in or around Forsyth, Georgia. Justin is thoughtful, disciplined, and gracious. Please contact us if you know of any leads.

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In News Posted

Caplan Cobb Successfully Defends $500,000 Judgment

Along with Bobby Lee Cook of Cook & Connelly in Summerville, Georgia, Caplan Cobb represented Teresa Graham, who was injured while shopping at a large retail superstore.  After Mr. Cook obtained a $500,000 default judgment, Mr. Cook retained Caplan Cobb to defend the judgment against collateral attack in the Superior Court of Gordon County as well as the United States Bankruptcy Court.  Mike Caplan and T. Brandon Waddell of Caplan Cobb handled the post-trial proceedings, which resulted in an agreement by the defendant to pay the full amount of the $500,000 judgment.

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In News Posted

Caplan Cobb Wins 7-0 Georgia Supreme Court Affirmance of New Trial for Justin Chapman

Along with Emmet Bondurant and John Rains of Bondurant Mixson & Elmore LLP, Mike Caplan of Caplan Cobb won a unanimous decision in the Georgia Supreme Court today.  The decision affirmed the grant of habeas relief to Justin Chapman, a West Georgia man who was convicted of arson and murder in 2007.  The Atlanta-Journal Constitution’s coverage of the case is available here, and WABE’s coverage of the case is available here.

The Chapman case will also be the subject of an AJC podcast series entitled “Breakdown: Railroad Justice in a Railroad Town,” beginning in May of 2015.

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In News, Results Posted

Mike Caplan Quoted in AJC About Student Disciplinary Case

Caplan Cobb partner Mike Caplan was quoted today in an in-depth investigative report by the Atlanta-Journal Constitution about student disciplinary procedures at Georgia colleges:

Michael Caplan, an Atlanta attorney who represents another student charged with sexual assault at UGA, said he was especially concerned by UGA’s policy of not providing an in-person hearing to the accused and allowing a single campus official to investigate and adjudicate, which he said meant there was no independent review of the official’s decision.

“We’re exposing students to a one-sided process for something that is extremely serious that will follow them for the rest of their lives,” he said.

Caplan Cobb represents a UGA student who is challenging the procedures afforded by the University of Georgia when students are accused of sexual assault and other misconduct.

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In News Posted

Benjamin W. Cheesbro Joins Caplan Cobb as an Associate

We are pleased to announce that Benjamin W. Cheesbro has joined Caplan Cobb as an associate.  Before joining Caplan Cobb, Ben was a business litigation associate at Troutman Sanders LLP.  Ben also served as a law clerk for Judge Lisa Godbey Wood of the U.S. District Court for the Southern District of Georgia.

Ben focuses his practice on business litigation, technology and privacy law, and appellate practice.   You can read more about Ben here.

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In News Posted

James Cobb and Mike Caplan Named 2015 Rising Stars in Business Litigation by Super Lawyers Magazine

For the third consecutive year, Caplan Cobb partners James Cobb and Mike Caplan have been named as Rising Stars in Business Litigation by Super Lawyers Magazine. This honor is limited to no more than 2.5% of all lawyers in Georgia each year. Mr. Caplan and Mr. Cobb were selected as Rising Stars in 2013 and 2014, and Mr. Caplan was also named to the list of Rising Stars in 2010. For more information about the selection process, or to see the full Super Lawyers list, click here.

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In News Posted

Mike Caplan and James Cobb to Present at the Georgia Bar’s Annual Seminar on Appellate Practice

On February 20, 2015, Caplan Cobb partners James Cobb and Mike Caplan will present at the Georgia Bar’s annual seminar on Appellate Practice.  Mr. Caplan will moderate a panel entitled “Amicus Briefing: When and How to Utilize Friends of the Court.”  And Mr. Cobb will serve as a panelist on a panel entitled “Professionalism in the Appellate Courts.”  For more information about the Appellate Practice seminar, or to register for it, click here.

 

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In News Posted

Cobb and Caplan named to Georgia Trend Magazine’s “Legal Elite”

Caplan Cobb is pleased to announce that James Cobb and Mike Caplan have been named to Georgia Trend Magazine’s list of the “Legal Elite” in Georgia for 2014.  This is the magazine’s twelfth annual listing of Georgia’s top lawyers.  Mr. Caplan was recognized in the practice area of Business Law.  Georgia Trend recognized Mr. Cobb in two practice areas: Corporate Law and General Practice/Trial Law.

Click here for the complete list of Georgia Trend’s Legal Elite for 2014.

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In Results Posted

Caplan Cobb Wins Six-Figure Settlement and Complete Reinstatement in Whistleblower Suit

On behalf of Leo “Jim” Kight, Jr., a respected public defender in Forsyth, Georgia, Caplan Cobb’s Mike Caplan and Brandon Waddell sued the Georgia Public Defender Standards Council and various state officials, alleging they wrongfully terminated Mr. Kight in violation of the Georgia Whistleblower Act.  Caplan Cobb secured a six-figure settlement and complete reinstatement for Mr. Kight.   The case was the subject of articles in the Fulton County Daily Report and Atlanta Journal Constitution found here, here, here, and here (subscription required), and the settlement agreement may be reviewed at this this link.

Emmet J. Bondurant, Chris Giovinazzo, and Jane “Danny” Vincent of Bondurant Mixson & Elmore served as co-counsel.

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In News Posted

Cobb Appointed Chair of ABA Trade Secrets Subcommittee

Caplan Cobb partner James W. Cobb has been appointed chair of the Trade Secrets subcommittee of the American Bar Association’s Business Torts & Unfair Competition Committee.  The Business Torts & Unfair Competition Committee is one of the ABA’s most active committees.  Made up of  experienced trial and appellate lawyers from all over the country, the Committee’s goal is to keep business litigators fully up to date on developments in the realm of business torts, such as fiduciary duties, fraud, unfair trade practices, tortious interference, trademarks and trade secrets, remedies, and evidence. Previously, James was chair of the Fraud Subcommittee of the Business Torts & Unfair Competition Committee.

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In Results Posted

Caplan Cobb Wins Six-Figure Award at Bench Trial—the Entire Amount Sought

Representing a nationally known law firm, Caplan Cobb attorneys Mike Caplan and Brandon Waddell conducted a bench trial before DeKalb State Court Judge Stacey K Hydrick in a dispute between two law firms concerning the appropriate distribution of attorneys’ fees earned in settling a significant medical malpractice matter.  Judge Hydrick’s order, which was issued today, awarded Caplan Cobb’s client the total amount sought.

The order may be downloaded here.

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In Results Posted

Caplan Cobb Files Retirement Benefits Class Action in Federal Court

Along with co-counsel Johnson Marlowe LLP, Caplan Cobb has filed a class action on behalf of a group of retired Athens-Clarke County employees.  The suit alleges that Athens has failed to meet its promise to provide retirement health benefits for public employees hired prior to July 1, 2002.   Mike Caplan and James Cobb are serving among the lead counsel in the suit.

The case has been the subject of numerous articles reported here, here, and here.   A copy of the Complaint can be found here.

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Caplan and Cobb Honored with AV Rating by Martindale-Hubbell

Caplan Cobb is pleased to announce that Mike Caplan and James Cobb have both been given Martindale-Hubbell’s highest rating of AV Preeminent® for their legal ability and professional ethics.

According to Martindale-Hubbell, the AV Preeminent® rating is a significant rating accomplishment–a testament to the fact that a lawyer’s peers rank him at the highest level of professional excellence. The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada. The ratings reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

In addition to their high numerical rankings, Mike’s and James’s evaluators submitted a number of comments to Martindale-Hubbell.  Mike was described as “an outstanding trial attorney and advocate,” a “fantastic lawyer” whose “legal ability and professionalism are off-the-charts,” and an “exceptional attorney.”  James was described as “an excellent lawyer who provides his clients with representation at the highest level,” as “exceptional” and an “absolutely top-notch” lawyer,” and as having “first rate analysis, writing, and advocacy skills.”

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In Results Posted

Caplan Discusses Class Settlement in Flournoy v. State in the Fulton County Daily Report

In 2009, hundreds of indigent defendants were languishing in prison without a lawyer due to substantial underfunding of Georgia’s indigent defense system.  Along with the Southern Center of Human RightsMike Caplan and Emmet Bondurant brought a class action seeking systemic reform of Georgia’s appellate indigent defense system.  In December 2011, after the class had grown to over 800 indigent defendants and within days of trial, the parties entered into a consent decree effecting broad systemic reforms to Georgia’s system for appellate representation of the poor.  Among other measures, the state agreed to more than quadruple the size of its Appellate Division and improve oversight for contract and staff attorneys.

In July of 2014, the state demonstrated substantial compliance with the consent decree.  In an interview with the Fulton County Daily Report, Caplan remarked on the achievements of the Flournoy consent decree.  “We commend the GPDSC for the real improvements it has made to its Appellate Division, particularly through the hiring and retention of full-time, salaried, and properly trained public defenders.  We are hopeful that the state will continue to appropriate the funding necessary to maintain its commitment to the Appellate Division, so the state never again convicts and imprisons poor people without providing them the lawyer to which they are constitutionally entitled.”  See here (subscription required).

Other articles about Flournoy v. State are here, here, here, here, here, here, and here.

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Brandon Waddell Joins Caplan Cobb as an Associate

Caplan Cobb is pleased to announce the addition of T. Brandon Waddell as an associate.   Brandon will focus his practice on business disputes, business counseling, constitutional tort litigation, and appellate advocacy.

Before joining Caplan Cobb, Brandon served as a law clerk to two federal judges—first to the Honorable C. Lynwood Smith, Jr., in the U.S. District Court for the Northern District of Alabama, and then to the Honorable Phyllis Kravitch on the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.

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In Results Posted

Caplan Cobb Lawyers Win the Release of Innocent Man Wrongfully Convicted of Murder and Arson

Caplan Cobb’s Mike Caplan represents Justin Chapman, who was convicted of felony murder and arson in 2007.

After a three-day evidentiary hearing on Mr. Chapman’s habeas petition on December 3-5, the Superior Court of Telfair County today granted Mr. Chapman relief. The Court determined that the state failed to disclose exculpatory evidence as required by Brady v. Maryland, violated Mr. Chapman’s right of cross- examination as protected by the Fifth Amendment, and denied Mr. Chapman effective assistance of counsel as guaranteed by the Sixth Amendment.  Mr. Chapman, who has served 8 years in prison for a crime he did not commit, will be released from his incarceration unless the state appeals.

A copy of Chief Judge Mullis’s order granting the great writ is available here.

Emmet Bondurant and John Rains of Bondurant Mixson & Elmore serve as co-counsel.

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In Results Posted

Caplan Cobb Wins Preliminary Injunction in UFTA Case

Within two weeks of the firm’s formation, Caplan Cobb’s lawyers presented evidence at a two-day preliminary injunction hearing before Judge Robert McBurney and won an asset freeze in a major UFTA case involving a series of tax lien servicing companies. Representing the owner of a $10 million judgment, Caplan Cobb sued John Ramsey, Vesta Holdings, Inc., and related entities to which they allegedly transferred assets in an effort to avoid the $10m judgment.  In ordering the asset freeze, Judge Robert McBurney concluded that the transfers at issue were “heavily adorned with those ‘badges of fraud’ that are the hallmarks of fraudulent transfers.”  Judge McBurney’s Order can be downloaded here.

Jeff Bramlett, Stephen Rosenwasser, Bret Hobson, and Frederic Bold of Bondurant Mixson & Elmore served as co-counsel.

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