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Practice Areas: Mr. French litigates in the following areas: Class Actions Complex Commercial Intellectual Property and Patents

Representative Matters:

• Defended major cable television company in a consumer fraud class action in Minnesota. In a ruling of first impression, obtained a complete dismissal of all of the plaintiff’s claims based on the application of the filed rate doctrine. Dismissal was upheld on appeal by the United States Court of Appeals for the Eighth Circuit. These decisions were the first in the country to hold that the filed rate doctrine applies to regulated rates for cable television service.
  
  
• Represented international consulting company in class action brought under Americans with Disabilities Act and ERISA by former consultant. Prevailed on motion to dismiss prior to discovery or class certification.
  
  
• Represented a major insurance company in action brought in federal court by a previously certified class of individuals who had taken an assignment of certain claims for indemnity against insurer from a third party as part of a class action settlement. Convinced the court not to exercise supplemental jurisdiction over the claims asserted by the class against insurer and obtained complete dismissal of the action. When the case was refiled in state court, obtained complete dismissal of plaintiff’s claims on the merits.
  
  
• Represented regional shipping company in antitrust class action involving allegations of price fixing relating to fuel surcharges. Obtained voluntary dismissal of claims asserted by plaintiffs against client.
  
  
• Represented mortgage bank in a breach of contract and breach of fiduciary duty class action brought by borrowers who claimed that the bank unlawfully required its borrowers to maintain excessive escrow deposits for the payment of taxes and insurance. Obtained judgment on the pleadings and a full dismissal of all claims prior to any discovery or class certification.
  
  
• Defended an international web hosting company in a class action regarding alleged violations of the Telephone Consumer Protection Act and defeated plaintiffs' motion to certify class.
  
  
• Retained to represent major personal computer manufacturing company after a class action was conditionally certified against the client pursuant to the Fair Labor Standards Act. After a full certification hearing, convinced the court to decertify the class.
  
  
• Defeated a motion for class certification and obtained voluntary dismissal of all claims asserted by plaintiff on behalf of the putative class in a proceeding against debt collector brought under the Fair Debt Collection Practices Act.
  
  
• Defended a major cable television company in a multi-million dollar fraud and deceptive trade practices class action. Obtained a complete dismissal of all of plaintiffs’ claims prior to any discovery or class certification.
  
  
• Defended a debt collector in two class actions brought under the Fair Debt Collection Practices Act. Obtained judgment as a matter of law in favor of debt collector, prior to class certification or discovery, of all of the claims asserted by plaintiffs on behalf of the putative classes.
  
  
• Defended a major cable television company in a multi-million dollar Fair Labor Standards Act class action. Obtained summary judgment, after bifurcated discovery, with respect to all of the named plaintiffs’ claims prior to class certification.
  
  
• Defended an international web hosting company in a Fair Labor Standards Act class action. Obtained a dismissal, prior to class certification or discovery, of all of the claims asserted by plaintiff on behalf of the putative class.
  
  
• Obtained judgment as a matter of law on Lanham Act and false advertising claims brought against a national publishing company during a jury trial in the United States District Court for the Southern District of Florida.
  
  
• Defended a multinational company in a securities class action. Obtained a complete dismissal of all claims prior to class certification.
  
  
• Defended a life insurance company in a breach of contract class action. Obtained summary judgment with respect to all of plaintiff’s claims prior to class certification.
  
  
• Represented a clothing designer in various trademark infringement and unfair competition actions. Obtained civil seizure orders and executed seizures along with United States Marshals in two trademark counterfeiting cases.
  
  
• Obtained a judgment after a bench trial against an international duty-free company in the United States District Court for the Southern District of Florida for trademark counterfeiting.
  
  
• Defended a Fortune 50 company in a multi-million dollar fraud and breach of contract class action. Obtained a complete dismissal of all of plaintiff’s claims prior to class certification.
  
  
• Defended a chemical manufacturer in a class action brought by local residents arising from various chemical releases. Defeated motion for class certification and obtained voluntary dismissals of all of plaintiffs’ claims.
  
  
• Represented a Fortune 50 company in connection with claims for computer theft and unfair competition arising from misuse of the Internet. Obtained a permanent injunction and a judgment against the defendant.
  
  
• Defended a major insurance company in a multi-million dollar fraud class action. Obtained summary judgment with respect to all of plaintiff’s claims.
  
  
• Represented a concrete formulator in a four week patent infringement trial in the United States District Court for the Northern District of Georgia. Obtained a jury verdict in favor of the patent holder and a finding of willful infringement of two patents by the defendant.
  
  
• Served as national coordinating litigation counsel for a major carpet manufacturer in connection with its effort to withdraw from over 100 commercial leases across the country. Managed litigation arising from the client’s withdrawal from these leases.
  

Education and Background:

• Duke University School of Law, Durham, North Carolina
  Juris Doctor, cum laude, 1990
  
  
• Duke Moot Court Board
  Finalist, Dean’s Cup Moot Court Competition
  
  
• Duke University, Durham, North Carolina
  B.S., Computer Science, cum laude, 1987
  B.S., Economics, cum laude, 1987

Professional Activities:

• Member of the State Bar of Georgia
  
  
• Admitted to practice in the United States Court of Appeals for the Eleventh Circuit, the United States District Courts for the Northern and Middle Districts of Georgia, the Supreme Court of Georgia and the Georgia Court of Appeals
  
  
• Member of the Intellectual Property Law and Litigation Sections of the American Bar Association
  
  
• Member of the Editorial Board for the American Bar Association’s Trade Secret Handbook for Franchise and Distribution Companies
  
  
• Member of the Litigation Section of the American Bar Association
  
  
• Co-chair of the American Bar Association’s Subcommittee on Inevitable Disclosure of Trade Secrets (2004-2005)
  
  
• Co-chair of the American Bar Association’s Subcommittee on the Use of Contracts to Protect Trade Secret Rights (2006-2007)
  
  
• Recognized as one of the Top 100 Georgia Super Lawyers by Atlanta Magazine in 2009.
  
  
• Recognized as one of Georgia’s Super Lawyers by Atlanta Magazine in 2005 - 2009.
  
  
• Recognized as one of Georgia's "Legal Elite" in the area of Intellectual Property by Georgia Trend Magazine in 2006

Publications and Presentations:

• Faculty, Association of Corporate Counsel, Avoiding and Defeating Class and Collective Actions (January 2010)
  
  
• Faculty, National Business Institute Seminar, Trade Secrets and Employee Raiding in Georgia (November 2000)
  
  
• Faculty, National Business Institute Seminar, Litigating the Class Action Lawsuit in Georgia (July 2002)
  
  
• Co-author of the American Bar Association’s Trade Secret Handbook for Franchise and Distribution Companies
  
  
• Co-author of Electronic Data Risk Management: Use It or Lose It, Corp. Legal Times (May 1999)
  
  
• Faculty, Electronic Data Risk Management, Georgia CLE (October 1999)

Published Decisions:

• Crumley v. Time Warner Cable, Inc., 554 F. Supp.2d 933 (D. Minn. 2008), affd. per curiam, 556 F.3d 879 (8th Cir. Feb. 25, 2009)
  
  
• Tillotson Corp. v. Shijiazhaung Hongray Plastic Products, Ltd., 244 F.R.D. 683 (N.D. Ga. 2007)
  
  
• QSRSoft, Inc. v. Restaurant Technology, Inc., Civil Action No. 06-C-2734, 2006 WL 3196928, 84 U.S.P.Q.2d 1389 (N.D. Ill. November 02, 2006)
  
  
• Smith, et. al. v. Micron Electronics, Inc., No. CV-01-244-S-BLW, 2005 WL 5336571 (D. Idaho February 04, 2005)
  
  
• Hagemeyer North Am., Inc. v. Gateway Data Sciences Corp., 222 F.R.D. 594 (E.D. Wis. 2004)
  
  
• Thomas v. Interland, Inc., Civil Action No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. August 25, 2003)
  
  
• Fields v. AOL Time Warner, Inc., 261 F. Supp. 2d 971 (W.D. Tenn. 2003) • Lipscher v. LRP Publications, 266 F. 3d 1305 (11th Cir. 2001)
  
  
• Walker v. Shield Acquisition Corp., 145 F. Supp. 2d 1360 (N.D. Ga. 2001) • Heslop v. UCB, Inc., 175 F. Supp. 2d 1310 (D. Kan. 2001)
  
  
• Belk, Inc. v. Warner Robins Zamias Ltd. Partnership, 251 Ga. App. 633, 555 S.E.2d 19 (2001)
  
  
• Cameron & Barkley Co. v. Fabreeka International, Inc., 144 F. Supp. 2d 1382 (M.D. Ga. 2001)
  
  
• Deerskin Trading Post, Inc. v. United Parcel Service of America, Inc., 972 F. Supp. 665 (N.D. Ga. 1997)
  
  
• Boynton v. State Farm Mut. Auto. Ins. Co., 207 Ga. App. 756, 429 S.E.2d 304 (1993)

Civic Activities :

• Member of the Lawyer's Club of Atlanta
  
  
• Member of the Cobb County Bar Association