dpernini@wargofrench.com		Download V-Card		Printer Friendly Page

Practice Areas: Mr. Pernini litigates in the following areas: Complex Commercial Technology Products Liability Trade Secrets and Unfair Competition Bankruptcy and Creditors Rights Alternative Dispute Resolution

Representative Matters:

• Defended a publicly traded technology company in contractual dispute involving an alleged denial of both physical and virtual access to certain software and computers. Plaintiff sought over $10 million in damages. In federal jury trial in Miami, Florida, limited plaintiff to recovery of nominal damages of one dollar.
  
  
• Represented equipment supplier to tobacco industry in contractual dispute with part manufacturer. Successfully defended motion to dismiss all claims and obtained favorable settlement for client.
  
  
• Represented manufacturer of surgical screws in various litigation pending throughout the southeast based on “off label” insertion of screws into the lower spine. Assisted national counsel in MDL matters and acted as local counsel for matters pending in Georgia. Assisted in obtaining summary judgment on issue of medical causation in action pending in Georgia following remand from MDL.
  
  
• Represented an international chemical manufacturer in multimillion dollar trade secret and FIFRA litigation concurrently pending in multiple jurisdictions. Acted as main counsel in Georgia federal litigation and assisted in coordination of actions in multiple jurisdictions.
  
  
• Represented international business class web hosting company in numerous litigation matters across the United States, including:
  • defending securities claims involving purchase of competing company in Kansas City, Missouri;
  • prosecuting dispute with competing web hosting company over alleged conversion of website;
  • enforcing arbitration provision in terms of service agreement with customers, including successful
  • enforcement of arbitration clause entered into through “click wrap” arbitration agreement; and defending disputes with customers over transitions of websites from purchased competitor.
    
    
• Represented manufacturer of phentermine in various matters pending in southeast. Acted as regional counsel for “fen-phen” litigation for manufacturer, including defending statewide class action pending in West Virginia. Simultaneously assisted national counsel with MDL proceedings.
  
  
• Obtained ex parte injunctive relief and appointment of receiver over assets of insurance agency in dispute over calculation of premiums with major insurance company.
  
  
• Obtained record-setting jury verdict in federal prisoner rights litigation for client of Alan Dershowitz in the United States District Court for the Southern District of Georgia, Augusta Division.
  
  
• Defended and prosecuted numerous litigation matters in federal bankruptcy courts, including prosecuting preference portfolio for nationwide restaurant chain in Chapter 7 bankruptcy.
  
  
• Obtained summary judgment for manufacturer of surgical implants in multi-district litigation products liability litigation.
  
  
• Defended collection agency against claims of emotional distress based on actions of ex-employee. Obtained summary judgment on all claims in the United Stated District Court for the Southern District of Georgia.

Education and Background:

• Marshall-Wythe School of Law at the College of William and Mary, Williamsburg, Virginia
  Juris Doctor, 1994
  
  
• Honors:
  • Journal of Bill of Rights Law
    Teaching Assistant for award winning Legal Skills Program
    
    
• University of Virginia, Charlottesville, Virginia
  B.A., 1990
  Major: Economics

Publications and Memberships:

• 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
  
  
• Inactive member of the South Carolina Bar
  
  
• Member of the Litigation Section of the American Bar Association
  
  
• Member of the Litigation Section of the Atlanta Bar Association
  
  
• Co-Author of Eroding Bankruptcy Protection for Shopping Center Owners: In Re O’Neil Theatres, Inc., Shopping Center Legal Update (Vol. 21, Issue 2, Summer 2001)
  
  
• Presenter on Admissibility of Evidence and Expert Testimony in Georgia, National Business Institute, December 4, 2004

Published Decisions:

• Cameron & Barkley Co. v. Fabreeka International, Inc. 144 F. Supp. 2d 1382 (M.D. Ga. 2001)
  
  
• Cahill v. Cobb Place Associates, 271 Ga. 322, 519 S.E.2d 449 (1999)