Linda G. Carpenter
Charles W. Lyons
Linda G. Carpenter
Linda G. Carpenter is an AV� rated commercial litigator. She began her law career with Alston & Bird in 1989. She joined Parker, Hudson, Rainer & Dobbs, LLP in 1996 and became a partner in 2000. Ms. Carpenter has represented individuals, partnerships and corporations in a variety of matters ranging from the smallest slip and fall cases to multi-million dollar commercial litigation cases. Ms. Carpenter offers clients not only a broad range of experience, but also the understanding that every case is unique and may require more or less resources depending on the client�s needs and the circumstances of the case. In Ms. Carpenter�s view, the client is the most important resource in determining the best method to resolve issues both before and after litigation is instituted.
Ms. Carpenter has handled a wide range of commercial and banking litigation in the state and federal courts of Georgia and other states, as well as before the American Arbitration Association. She has represented regional and national banks, mortgage servicing companies, money transfer companies, credit card processors, and securities companies in cases involving RICO, UCC, breach of contract, ERISA, class actions, good faith and fair dealing, fraud, conversion, and other significant tort claims. Ms. Carpenter has also represented numerous clients in both state and federal courts in cases involving restrictive covenant and trade secret issues. In that vein, Ms. Carpenter has pursued and defended numerous actions seeking injunctive relief.
McNeese State University, (B.S., magna cum laude, 1986)
Wake Forest University, (J.D., 1989)
Wake Forest University Law Review - Notes and Comments Editor,
American Jurisprudence Awards: Torts I and II, Property I and II, Civil Procedure I
State Bar of Georgia
Atlanta Bar Association
Georgia Association for Women Lawyers
Board, Georgia Bar Journal
• New Concepts Marketing, Inc. v. First Data Corp. (S.D. Fla.) Successfully represented Fortune 100 credit card services company in defending against multi-million dollar claim for trade secrets misappropriation in the United States District Court for the Southern District of Florida. The Eleventh Circuit affirmed the entry of summary judgment in favor of Ms. Carpenter�s client.
• Successfully represented money transfer provider in case involving claims for malicious prosecution, fraud, conversion and breach of contract in California state court. The plaintiff alleged that she was imprisoned due to the actions of client in relation to a money transfer transaction and requested compensatory and punitive damages of over one million dollars. Summary judgment was entered in favor of Ms. Carpenter�s client.
• Gemplus v. First Data Resources, Inc. Represented credit card processor against significant breach of contract claims brought by credit plastics manufacturer in the AAA. After significant briefing and numerous hearings, the arbitration panel granted summary judgment on the bulk of the claimant�s claims. On the eve of hearings that were scheduled to last three weeks, the parties entered into a settlement agreement under which the parties agreed to extend their contractual relationship under mutually agreeable terms.
• Miami Heights Lt, LLC v. Home Depot U.S.A, Inc. (Superior Court of Fulton County, Ga.) Represented Fortune 100 home products retailer in failed real estate transaction involving a letter of intent that the plaintiff claimed was legally binding. The Georgia Court of Appeals upheld the ruling of the lower court granting summary judgment to client.
• Exxon Corporation v. Jones (State Court of Fulton County, Ga.) In representing a gas company against a wrongful death claim arising from a gas explosion, Ms. Carpenter was able to convince the Georgia appellate courts to accept the bulk supplier doctrine. Under this doctrine, the gas company was immunized from liability.
• Assisted major financial institution in pursuing breach of contract and tort claims against property management company and security company to recover funds stolen in a robbery. The parties entered into a confidential settlement agreement after two years of litigation.
• Robb v. CSX Transportation, Inc. (Superior Court of Fulton County, Ga.) Represented CSX Transportation, Inc. in a hearing loss case brought under the Federal Employers� Liability Act. The Georgia Court of Appeals affirmed the entry of summary judgment in favor of the railroad company.
• Obtained jury verdict in favor of insurance company in a case involving a claim for life insurance benefits.
• Successfully represented an insurance company in a non-jury trial in the Northern District of Georgia. The trial court entered judgment in favor of Ms. Carpenter�s client and ruled that the plaintiff�s claim fell within an exclusion contained in the insurance policy at issue.
• Obtained numerous injunctions against various brokers who resigned from Ms. Carpenter�s securities clients based on trade secret misappropriation and breach of restrictive covenants.
Charles W. Lyons
Charles Lyons is an AV� rated commercial litigator whose practice is focused on the efficient and expedient resolution of business litigation matters for clients ranging from individuals to large financial institutions. Mr. Lyons has successfully handled and resolved a wide array of commercial litigation cases, from small matters requiring a pragmatic approach, to large, complex matters requiring intensive analysis and creative solutions to difficult issues. Mr. Lyons is experienced in all forms of dispute resolution, including mediation, arbitration, and litigation in federal and state courts in Georgia and throughout the United States.
As a former partner at Parker, Hudson, Rainer & Dobbs, LLP, an Atlanta law firm serving local, regional, and national clients, Mr. Lyons has represented financial institutions ranging from national and regional banks, mortgage servicing companies, credit card processors, money transfer companies, check verification companies, and consumer reporting agencies in all types of lender liability litigation, real estate litigation, class-action litigation, bankruptcy-related litigation, and mass consumer litigation under consumer protection statutes. Mr. Lyons has advised these institutions on litigation prevention, class action avoidance, and compliance with federal and state consumer privacy and protection laws and regulations, including the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Electronic Funds Transfer Act, Fair Housing Act, the Gramm-Leach-Bliley Act, Real Estate Settlement Procedures Act, Truth-in-Lending Act, and state Unfair Business Practices statutes. Mr. Lyons also has served as outside compliance counsel and national class action litigation counsel to a national consumer reporting agency and check acceptance company.
In addition, Mr. Lyons has significant experience representing clients in litigation arising out of corporate mergers, divestitures, and "roll-up" transactions. Mr. Lyons has handled numerous matters in both the state and federal appellate courts, and has represented individuals and institutions in commercial bankruptcy proceedings and related creditor rights litigation. Mr. Lyons' commercial litigation and bankruptcy experience encompasses a diverse range of legal issues, including breach of contract, UCC, wrongful foreclosure, enforcement and defense of restrictive covenants, breach of fiduciary duty, fraud, conversion, negligence, malicious prosecution, defamation, slander of title, RICO, the Bankruptcy Code, trade secrets protection, consumer protection statutes, consumer privacy protection, and various other statutory and common law causes of action.
Prior to entering private practice, Mr. Lyons served as law clerk to Senior Judge John F. Nangle, United States District Court, Southern District of Georgia; and Lamar W. Davis, Jr., Chief Judge, United States Bankruptcy Court, Southern District of Georgia.
B.B.A., Terry College of Business, University of Georgia (1990) - Concentration in Corporate Finance
J.D, University of Georgia School of Law, cum laude
Georgia Law Review - Editorial and Managing Boards
American Jurisprudence Awards - Constitutional Law, Corporate Reorganization
State Bar of Georgia
Atlanta Bar Association
• In a mass consumer fraud litigation involving in excess of 60 filed and threatened suits and a putative class action arising out of a fraudulent home mortgage scheme in which the client's branch manager, assistant manager, loan officer, as well as an appraiser and mortgage broker, were convicted of federal crimes, obtained summary judgment in the two lead cases dismissing all claims and entering judgment on the client's counterclaim for all amounts owing under the home loans. The remaining cases were resolved favorably to the client. Barbara L. Jackson and Sandra Schaaf v. EquiCredit Corp. of Ga.,, et al., slip ops. Civil Action File No. 4:00-CV-184-2-WDO (M.D.Ga. May 28, 2004, May 25, 2005).
• After removing multi-million dollar mortgage participation case to federal court based on fraudulent joinder and defeating motion to remand, obtained summary judgment dismissing all tort, RICO and contract claims save a single, nominal contract claim, leading to a favorable resolution for the client. Financial Investment Group, Inc. v. NationsCredit Financial Services Corp., Bank of America Corp., et al., slip op., 1:02-cv-01827-GET (November 15, 2002, November 25, 2003).
• Obtained summary dismissal of claims under the Equal Credit Opportunity Act and Fair Housing Act, obtained affirmance of dismissal before the Eleventh Circuit Court of Appeals, and defeated Petition for a Writ of Certiorari to the United States Supreme Court. Boykin v. Bank of America, slip. op. 1:03-cv-03467-MHS (N.D.Ga. May 23, 2005), aff'd, Boykin v. Bank of America Corp., 162 Fed. App. 837 (11th Cir. 2005) (per curiam), cert. denied, 126 S. Ct. 2931 (2006).
• In a lender liability suit involving a bank customer's failed attempts to purchase real property upon which the bank was foreclosing, persuaded district court to dismiss complaint even though court believed the unique facts of the case presented novel questions of state law that should be certified to the Georgia Supreme Court. On appeal, the Eleventh Circuit was persuaded that there were no novel questions raised and summarily affirmed the dismissal of the plaintiff's complaint. James E. Lewellyn, Jr. v. Bank of America, N.A., slip op., 4:02-cv-00068-BAE (S.D.Ga. February 10, 2003), aff'd, James E. Lewellyn, Jr. v. Bank of America, N.A., 82 Fed. Appx. 223 (11th Cir. 2003) (per curiam).
• In a lender liability suit seeking recovery of unpaid brokerage commissions relating to certain commercial property to which the client had taken title pursuant to a workout agreement, obtained summary judgment dismissing all claims asserted by plaintiff and co-defendant, and successfully defended the dismissals in two separate appeals before the Georgia Court of Appeals. Brannen/Goddard Co. v. PNC Realty Holding Corp., 238 Ga. App. 387, 519 S.E.2d 35 (1999); Nolan Rd. W. v. PNC Realty Holding Corp., 248 Ga. App. 248, 544 S.E.2d 750 (2001).
• Obtained summary dismissal of multi-million dollar state securities fraud claims against a corporation that had emerged successfully from Chapter 11 bankruptcy, which was upheld on appeal to the Supreme Court of Alabama. Peter N. Zachary, et al. v. The Enstar Group, Inc., Case No. 97-257-GR (Mont. Cir. Ct. Nov. 2000), aff'd 839 So. 2d 684 (Ala. 2001) (per curiam).