Brian Spitler and Angela Kopet inherited the defense of four corporate entities from prior counsel who were sued by five Plaintiffs after an automobile accident. Plaintiffs alleged that the corporations were responsible for the actions of a hit and run driver on the basis of negligent entrustment, vicarious liability, principles of agency and respondeat superior, ownership of the vehicle, joint venture, fraud, conspiracy to commit fraud, negligent or intentional infliction of emotional distress, and other matters. Plaintiffs also requested punitive damages. Prior counsel filed motions for summary judgment asking the Court to dismiss all four corporate entities and the motions were denied by the Judge. After inheriting the file and the defense of the corporate entities, Brian and Angela were able to track down the hit and run driver and obtain an Affidavit from him that outlined he was not driving a vehicle owned by any of the corporate defendants. This Affidavit along with case law that countered the remaining allegations alleged by the Plaintiffs, resulted in the court ultimately granting the motion for summary judgment and dismissing Brian and Angela’s clients from the case.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Brian Spitler obtained dismissal for his client in a premises liability case. The motion to dismiss successfully argued that the plaintiff failed to bring claims within the statute of limitations and that the common law discovery rule did not apply to lengthen the time to file because it was subsumed by the savings statute under T.C.A. § 20-1-119.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Brian Spitler and Joe Kingma prevailed for their clients , an accounting firm/receiver, on June 1, 2015.  The receivership had been created in attempt to salvage a once thriving business that had been hamstrung by a bitter fight amongst its principals. While the receivership was still in place, one of the principals sued the receiver, claiming gross negligence and breach of fiduciary duty.  Joe and Brian filed a motion to dismiss which was granted, but that was just the beginning.  Two trips to the Court of Appeals and the Supreme Court’s grant of certiorari followed. The defenses sprung from the confluence of official immunity, judicial immunity, and  statutory immunity under the Georgia Tort Claims Act. The plaintiff argued, amongst other things, that an accounting firm cannot itself be protected by official immunity because only its principal was the receiver.  In the years following Carlock, Copeland & Stair’s first motion, the Supreme Court had issued numerous opinions on immunity and, in this case, specifically asked that the parties describe all the various immunities which might protect a receiver.  At oral argument Joe was peppered with questions from the Justices who clearly had strong views on immunity.  At the close of the argument one of the lions of the Georgia Bar approached Joe and muttered “Bad Day at Black Rock” referencing the old western wherein a lone traveler is assaulted by all the members of a small town. A unanimous Supreme Court vacated much of the Court of Appeals immunity analysis but agreed with Brian and Joe that dismissal of the claim was required.  Please contact Brian or Joe if you would like to discuss the nuances of immunity protection for receivers.  

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Brian Spitler and Joe Kingma obtained dismissal for their client, an accountant and his firm, on claims brought by the principals of a company in receivership. The motion to dismiss successfully argued that the accountant and his firm were immune from liability based on their official capacity as court-appointed receivers. After a drawn out fight, which included the filing and refiling of lawsuits and a visit to the appellate court, the trial court dismissed the case in its entirety bringing resolution to the case prior to any formal discovery. Order is subject to further appeal.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Joe Kingma and Brian Spitler represented an auditor during an investigation which included testimony before the SEC.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Brian Spitler and Joe Kingma won dismissal of claims against their attorney client in the U.S. District Court for the Northern District of Georgia. The plaintiffs alleged that they lost their investments in a real estate company due to fraud. The plaintiff investors sued various defendants, including the attorney who performed corporate legal work for the company. The court agreed that the plaintiffs failed to state claims for securities fraud, fraudulent misrepresentation, unjust enrichment, false certification of financial statements, and civil RICO against the attorney.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Brian Spitler and Joe Kingma obtained dismissal for their client, an accountant and a court appointed receiver, on claims brought by the principals of the company in receivership. The motion to dismiss was based on the receiver's official immunity. Following a hearing, Plaintiff voluntary dismissed the claims.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Gary Lovell and Brian Spitler obtained a denial of certiorari to the United States Supreme Court for a local General Surgeon accused of medical malpractice. The plaintiff sought certiorari to the United States Supreme Court arguing that she did not receive a fair trial in the State Court of Fulton County. The Court denied certiorari upholding a jury verdict in the Surgeon’s favor.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Brian Spitler and Joe Kingma prevailed on behalf of their accountant clients when an array of rich investors sued trying to recover their Ponzi Scheme losses. The trial courts grant of summary judgment was affirmed on March 18,2014. The case arose when a hedge fund that, for years, operated as a Ponzi Scheme, failed. The principal of the failed fund pleaded guilty to wire fraud and was incarcerated in the federal penitentiary. Two hedge funds that had invested in the failed fund, along with several trusts and wealthy individuals sued the accounting firm for: fraud; breach of fiduciary duty; violation of the Georgia Securities laws; RICO; and breach of contract. The Plaintiffs were represented by a large, prominent, financial and securities law firm. Plaintiffs alleged that the accountants sent them monthly statements which vastly overstated their investment values and were also internally inconsistent. The complaint further alleged that the accountants must have known of the scheme because the accountants knew: that the hedge fund was required to have an annual audit; the fund’s partnership agreement identified the accountants as its auditors; that the fund had never been audited; that investors had sent letters to the accounting firm referring to it as the funds auditors; and that the monthly statements that the accountants sent out for years referred to an annual audit. The trial courts well-reasoned decision first noted that the monthly bore a clear disclaimer and that it was undisputed that the principal had lied to all the parties to conceal his thefts. The Court then went on to systematically dismember the claims. The negligent misrepresentation claims failed because the monthly statement’s disclaimers destroyed any claim of reasonable reliance. The accountants were also not liable for the funds offering documents and the accountants themselves never said they were the funds auditors. The plaintiffs failed to show the specific reliance necessary for their “Holder Claims” to prevail under Georgia law. Finally the Plaintiffs failure to exercise due diligence also defeated the negligent misrepresentation claims. The Court also dismissed the fraud claims because the plaintiffs could not show reasonable reliance or scienter. The claims under the Georgia Securities Acts of 1973 and 2008 failed because there was no evidence the accountants were guilty of “severe recklessness “ and because accountants are not “ Sellers” under the Acts. The Rico claims failed because there was no evidence that the accountants participated in the Ponzi scheme or that they had any criminal intent. The court found that minor, inadvertent, document destruction was routine and immaterial. The remainder of the claims were wiped out by the In Pari Delicto Doctrine. The court specifically held that even though the failed fund had innocent shareholders, the adverse interest exception to the In Pari Delicto Doctrine did not apply. The Court of Appeals adopted the trial courts analysis and findings without publishing an opinion.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Carlock, Copeland & Stair's Annual Risk Management for Design Professionals Seminar was Thursday, November 15, 2018. Once again this event was held at the Cobb Galleria Centre/Cobb Galleria Energy Performing Arts Centre in Atlanta, Georgia. Scheduled session topics included: Key Revisions to the AIA A201 Family of Contract Documents, Changes in Georgia Law on Indemnity Provisions and Pitfalls of Design-Build Projects. This was the 25th year for the seminar in Atlanta and it did not disappoint! For more information on this seminar or similar programs that we can bring to you, please contact Michelle Mattox, mmattox@cskl.law or by calling 843.727.0307.

Carlock, Copeland & Stair, LLP held a Risk Management for Audit and Accounting Firms Seminar on August 11, 2017 in Brentwood, TN. The seminar was a success and  designed to help CPAs and accountants deal proactively and efficiently with audit and accounting industry related risk. Program information is listed below.  If you were unable to attend, but interested in this presentation or other presentations and webinars tailored to your business; please contact Michelle Mattox at mmattox@cskl.law. Shannon Sprinkle, Firm Managing Partner, Carlock, Copeland & Stair presented Cyber Liability Concerns for the Accounting Professional and Protecting Against Cyber Liability. Joe Kingma, Partner and Commercial Litigation Practice Group Leader, Carlock, Copeland & Stair presented Engagement Letters/Contracts. Joe Kingma moderated a panel presentation on Red Flag Clients with panelists Sarah Ference, CPA, Risk Control Director, CNA - Professional Services and J. Dale Crow, Corporate Counsel, Risk Strategies Company. All speakers participated in a segment on War Stories, Bad Cases and Good Outcomes. Brian Spitler, Partner, Carlock, Copeland & Stair  presented a segment on Subpoenas. Carlock, Copeland & Stair LLP is an approved provider with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors.  State boards of accountancy have final authority on acceptance of individual courses for CPE credit.  More information available at www.nasbaregistry.org.

Carlock Copeland is proud to sponsor the Fall ABA Legal Malpractice Conference held in Chicago, IL from September 21-23. Joe Kingma, Brian Spitler and Tyler Wetzel participated.

Carlock, Copeland and Stair, LLP was proud to be a silver sponsor for the ABA Spring 2016 National Legal Malpractice Conference held on April 27-29 at the Roosevelt New Orleans Waldorf Astoria. Joe Kingma, Shannon Sprinkle, Doug MacKelcan and Brian Spitler attended.

Joe Kingma and the Commercial Litigation Team present in house programs on Risk Management for Audit and Accounting Firms to accountants, CPAs and insurance industry professionals throughout the year. The Commercial Litigation Team also presents annual client programs on Risk Management for Audit and Accounting Firms. Our 2017 Atlanta program was held at the Buckhead Club on June 8 as well as live-streamed to a remote audience. Please click on the short video clips below from the June 8th event by Shannon Sprinkle, Tyler Wetzel, Doug MacKelcan, Joe Kingma, John Rogers and Mark Rogers.

Carlock, Copeland and Stair, LLP will be a silver sponsor for the ABA Spring 2016 National Legal Malpractice Conference.  The conference will be held on April 27-29 at the Roosevelt New Orleans Waldorf Astoria. Joe Kingma, Shannon Sprinkle, Doug MacKelcan and Brian Spitler will be attending.  Click here for brochure.

The CCS-sponsored softball team has won the Atlanta Bar Association’s 2012 Non-Competitive Softball League championship. CCS earned a hard fought 10-9 win over Mabry & McClelland on Tuesday, August 28. A special thanks to our team captain, John Bunyan, for coordinating the team. Other CCS team members include Neil Edwards, Lee Gutschenritter, Graham Kish, Brent Meyer, Harrison Spires, Brian Spitler and Craig Williams.

Carlock, Copeland & Stair, LLP congratulates the following attorneys on being selected to join the Firm's partnership: Atlanta Office: Broderick W. Harrell, William P. Jones, William D. Newcomb, Brian S. Spitler, and Ryan B. Wilhelm. Charleston, SC Office: Lee C. Weatherly.

August 23, 2018 several Carlock Copeland attorneys presented Who Wants to be a Coverage Millionaire? at our Annual Insurance Coverage and Bad Faith Seminar in Atlanta, Georgia. This fun and audience-interactive program explored constantly evolving coverage issues and allegations of bad faith. The program was designed to offer insight and guidance on effectively identifying and using coverage defenses, as well as providing tools and techniques to resolve potential bad faith claims. Presenters/Co-Authors: Clinton Magill, Alex Davis, Charles McDaniel, Jr., Sarah Wetmore, Abby Grozine, Brian Spitler and Graham Thompson. For more information on this presentation, please contact Michelle Mattox at mmattox@cskl.law.

Bill Jones and Brian Spitler presented Hot Topics: Sexual Harassment, Open Records Act Requests, and Liens at Insurance Office of America's (IOA) 2018 Risk Seminar on March 6, 2017. For information on the IOA organization , please click here.

  Carlock, Copeland & Stair, LLP held a Risk Management for Audit and Accounting Firms Seminar on August 11, 2017 in Brentwood, TN. The seminar was a success and  designed to help CPAs and accountants deal proactively and efficiently with audit and accounting industry related risk. Shannon Sprinkle, Firm Managing Partner, Carlock, Copeland & Stair presented Cyber Liability Concerns for the Accounting Professional and Protecting Against Cyber Liability. Joe Kingma, Partner and Commercial Litigation Practice Group Leader, Carlock, Copeland & Stair presented Engagement Letters/Contracts. Joe Kingma moderated a panel presentation on Red Flag Clients with panelists Sarah Ference, CPA, Risk Control Director, CNA – Professional Services and J. Dale Crow, Corporate Counsel, Risk Strategies Company. Brian Spitler, Partner, Carlock, Copeland & Stair  presented a segment on Responding to Subpoenas. All speakers participated in a segment on War Stories, Bad Cases and Good Outcomes. Carlock, Copeland & Stair LLP is an approved provider with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors.  State boards of accountancy have final authority on acceptance of individual courses for CPE credit.  More information available at www.nasbaregistry.org.

Brian Spitler (coauthor), Market Efficiency and the Fraud-on-the-Market Theory, The Business Suit, DRI, Jan. 19, 2006.

Brian Spitler, Halliday v. Sturm, Ruger & Co.: The Gun Exception to Strict Product Liability, 34 U. Tol. L. Rev. 373-399 (2003).