Seven Taylor English Attorneys are selected as The Best Lawyers in America® for 2012

Atlanta- September 7, 2011- Atlanta law firm Taylor English Duma LLP is thrilled to announce that attorneys William A. Clineberg, Jr., Chloe Dallaire, Foy R. Devine, Jeffrey R. Kuester, John D. Hopkins, Michael E. Ross and Don S. Kohla have each been selected via an exhaustive and rigorous peer-review survey process for inclusion in the 2012 edition of The Best Lawyers in America®. For nearly three decades, Best Lawyers has been regarded – by both the profession and the public – as the definitive guide to legal excellence in the United States. This marks the sixth selection for Mr. Clineberg, the second for Ms. Dallaire, the twentieth for Mr. Devine, the fifth for Mr. Kuester, the fifth for Mr. Hopkins, the fifth for Mr. Ross, and the twenty-fifth for Mr. Kohla.

“These selections are well deserved and well earned. These attorneys represent our industry with the highest levels of expertise, knowledge and a genuine dedication to being client-focused. We applaud them and appreciate what they bring to our clients and our firm,” says Al B. Hill, managing partner at Taylor English.

Mr. Clineberg was selected for his expertise in the area of Employment Law-Management. He is a member of the firm’s Litigation and Dispute Resolution group and has been involved in high-stakes, complex business litigation on behalf of corporations and individuals for 40 years.

Ms. Dallaire was selected for her expertise in the area of Personal Injury Litigation. She handles all aspects of complex civil litigation with specializations in the areas of transportation, construction, defective products, employment, complex business disputes, premises liability, automotive, catastrophic injury and healthcare matters.

Mr. Devine was selected in the area of Personal Injury Litigation and Product Liability Litigation. He chairs the Taylor English Litigation and Dispute Resolution practice group, and since 1969, Mr. Devine has focused his practice in civil trial work, handling litigation of all types including catastrophic personal injury and death cases that arise from product-related injuries.

Mr. Kuester was selected in the area of Patent Law. He is the chair of the firm’s Patent practice and Intellectual Property group and handles all intellectual property issues, including patent preparation and prosecution. Additionally, Mr. Kuester was named as one of the Top 100 Lawyers in Georgia for 2011.

Mr. Hopkins was selected in the area of Corporate Law and is a member of the firm’s Business Transactions, Corporate and Taxation practice group. John’s practice has focused on mergers and acquisitions, corporate governance and insurance regulatory and transaction matters. Mr. Hopkins has more than 30 years of cumulative service on the boards of NYSE and NASDAQ -listed corporations, with service on executive, nominating/governance and compensation committees.

Mr. Ross was selected for his expertise in Employment Law and Labor Law. He is a member of the firm’s Litigation and Dispute Resolution group. He is a seasoned litigator with more than thirty-five years experience in federal and state trial and appellate courts and arbitration proceedings across the country, including a number of class and collective actions cases.

Mr. Kohla was selected in the area of Employee Benefits (ERISA) Law. He recently joined the firm and brings with him over 30 years of experience representing clients with ERISA and ERISA-related matters. He assists plan sponsors in designing, preparing, implementing and administering all types of employee benefit plans and executive compensation arrangements. Mr. Kohla is a member of the firm’s Employee Benefits & Executive Compensation practice group.

Podcast On Business Method Patents after the Supreme Court’s Decision in Bilski v. Kappos

Atlanta, August 12, 2011– Attorney Jeff Kuester of Atlant law firm Taylor English Duma LLP discusses legal ramifications of Supreme Court case Bilski v. Kappos in a podcast [http://bit.ly/qANJ1l] posted on LexisNexis.com.

In 2010, the Supreme Court in Bilski v. Kappos held that the “machine-or-transformation” test is not the sole test for determining patent eligibility of a process, but “a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes.”

Taylor English attorney Jeff Kuester, who represented inventors Bernie Bilski and Rand Warsaw in their individual capacities during the Supreme Court case, discusses the lasting impact of the case in an interview with the intellectual property law community at LexisNexis.com.

“The decision has had a substantial influence in courtrooms and in Congress,” Kuester says. “For example, the RCT v. Microsoft decision by the Court of Appeals for the Federal Circuit outlines additional breathing-room outside the machine-or-transformation test set forth in the Bilski decision.“

Congress, Kuester points out, is at work to categorically exclude patents on tax reduction business methods and institute a new procedure at the Patent Office to challenge the validity of business method patents covering financial products and services. “Nevertheless,” he asserts, “patent eligibility for other types of business methods and software remains solid.

Kuester leads the patent practice for Taylor English’s Intellectual Property group and is a member of The State Bar of Georgia’s Board of Governors. Kuester is ranked as one of the 2011 Top 100 Lawyers in Georgia.

Listen to the podcast by clicking through this link. http://bit.ly/qANJ1l

Taylor English Attorney Elected President of Lawyer’s Club of Atlanta

Atlanta, July 25, 2011– W. Scott Creasman of Atlanta law firm Taylor English Duma LLP has been named president of Atlanta’s top social organization for attorneys.

Taylor English’s W. Scott Creasman has been elected president of the Lawyer’s Club of Atlanta, an organization founded in 1922 by a small coalition of lawyers who sought to improve conduct standards in Atlanta’s legal profession. The club strives to continue that mission today while providing an opportunity for Atlanta attorneys to socialize with colleges in a relaxed atmosphere. Creasman began his term as president of the 1700-member Club on July 1.

Since Creasman joined the Club in 1996 he has co-chaired the Membership Committee and, for the past seven years, served on the Executive Committee. Most recently, he oversaw the Club’s four-year transition into a new office space on the 38th floor of the Promenade II building in midtown. “I’m excited to begin my term at such a momentous time for the Club,” Creasman says, “and I look forward to representing the Club and it’s principles in a greater capacity.”

Creasman has been a partner at Taylor English since 2007 where he handles intellectual property and technology litigation, as well as trademark prosecution and branding matters. He is active in numerous legal and community volunteer ventures, including serving as the chair of the Atlanta Bar Association’s CLE Board in 2010–2011. Taylor English managing partner Al B. Hill says of Creasman’s election, “knowing Scott’s reputation in the legal profession, it’s hard to imagine anyone who’s more suitable for the position. And we are grateful to Scott for continuing the tradition of Taylor English attorneys being recognized as leaders in the Atlanta legal community”.

For more information about the Lawyer’s Club of Atlanta please visit www.lawyersclubofatlanta.org.

Child Labor Laws and Vocational Schools: Podcast on Taylor English Litigation Win in Solis v. Laurelbrook

Atlanta, July 19, 2011– Deborah Ausburn of Atlanta’s Taylor English Duma LLP discusses her case Solis v. Laurelbrook Sanitarium and School, Inc. and the primary benefits test in a podcast posted on LexisNexis.com.

In an interview with the labor and employment law community podcast at LexisNexis.com, Taylor English attorney Deborah Ausburn discusses her successful defense of Laurelbrook Sanitarium and School, Inc against the Department of Labor’s attempt to apply federal child labor laws to its vocational curriculum.

The Laurelbrook curriculum operates in compliance with the doctrines of the Seventh-day Adventist Church, which emphasizes both academic and vocational training for students. To determine whether students were trainees and not employees, the district court applied the “primary benefit” test. “We successfully pointed out to the judge,” Ausburn says in the podcast, “that the students are getting the primary benefit from the program.”

Ausburn is a member of Taylor English’s Litigation and Dispute Resolution practice group and has been an advocate of children’s rights for nearly thirty years as a foster parent, social worker, and though her pro bono work.

Listen to the podcast at: http://bit.ly/pxYF0t

Taylor English Client Launches iTunes App to Aid Children With Dyslexia

Atlanta, July 5, 2011- Taylor English Duma LLP is proud to represent entrepreneur Bill Allen and his company Undoda in the development of a revolutionary new iTunes app (compatible with the iPad, iPod and iPhone) designed to help elementary school students (including those with dyslexia) improve reading skills through a first-of-its-kind three-dimensional interactive book. Attorney Jonathan B. Wilson, who is part of the team that represents Allen, says of Undoda’s success, “We’re delighted for Bill, and Taylor English is honored to represent so many clients who make a difference. We are extremely grateful to be able to work as their partner as they develop their businesses, and we are always thrilled to watch those businesses thrive.”

Atlanta resident Bill Allen grew up knowing that he had difficulty reading but didn’t discover he was dyslexic until he had already graduated college. Dyslexia– according to the Mayo Clinic– is an impairment in the brain’s ability to translate written images, including written words, into meaningful language.

What Allen learned, as he came to recognize his own dyslexia, was that his brain was “wired” for three-dimensional learning, instead of the kind of two-dimensional learning associated with written text. That self-realization propelled Allen to dedicate his professional career to helping people with dyslexia learn to read with greater speed and success.

After spending many years teaching reading as a private tutor, Allen developed a successful eBook for all children, including those with special needs. With the advent of iTunes apps, however, Allen saw an opportunity to reach his target students more directly, and so he developed the iPhone app that teaches reading through a three-dimensional interactive book, which includes three different games.

The app – which focuses on a child-friendly Chinchilla named “Undoda” is an adventure story that integrates what Allen calls ‘multimind’ learning games, aimed at improving spelling, reading, and abstract thinking. The Undoda app utilizes Apple touchscreen technology to enhance the multimedia experience and expand on the multi-sensory concept.

Allen was able to launch the app by partnering with Fred Squared, LLC, a technology incubator firm, that agreed to create and develop Allen’s vision and do the necessary programming in exchange for an ownership interest in the app itself. The Taylor English legal team assisted Allen in structuring the transaction with the developers that made the final product possible.

The app has been ranked in the top 10 iPad eBooks since it was launched in early May, and initial reviews have been excellent. Best Apps for Kids gave it five out of five stars, and iPhone Apps Review Online called it “one of the most amazing and exciting kid’s apps that I have ever seen.” Allen is optimistic that the app will continue the success of the “mom-and-pop” eBook, which outranked Walt Disney, Dr. Seuss, and Dreamworks. “As our viral marketing continues to gather momentum,” he says, “number one is within our reach.”

Undoda is currently available on iTunes, and it will be reviewed by the New York Times Children’s Technology section later this month.

Taylor English Attorney Appointed to Georgia State Bar Board of Governors

Atlanta, June 20, 2011– Jeffrey R. Kuester of Atlanta law firm Taylor English Duma LLP has been appointed to serve on the State Bar of Georgia’s Board of Governors.

At its annual meeting on June 4 in Myrtle Beach, S.C., the State Bar of Georgia appointed Jeffrey R. Kuester to its Board of Governors. Kuester, who is ranked as one of the 2011 Top 100 Lawyers in Georgia, has been a member of the Bar since 1993. In that time he has served as chair of the organization’s Intellectual Property Law Section and Technology Law Section, with each winning Section of the Year under his leadership.

Kuester cites his association with Taylor English as playing a key role in his achievement. “As a firm, Taylor English is all about having an entrepreneurial spirit”, he says, “and that’s not only enabled me to build my practice within the firm but has also encouraged me to pursue opportunities like the State Bar. I’m thrilled to be able to bring the two together”. Kuester is head of the patent preparation and prosecution practice at Taylor English and handles all categories of intellectual property issues, including patent, copyright, trademark, and trade secret matters.

Taylor English managing partner Al B. Hill says of Kuester’s appointment: “We’re extremely proud of Jeff. This continues to demonstrate how the Taylor English business model attracts the top lawyers and gives them the best platform from which to excel and better serve the public.”

Taylor English Adds Resort, Hotel & Hospitality Practice And Opens Savannah Office

Atlanta – May 20, 2011 Taylor English Duma LLP announces the arrival of new lawyers, the addition of a Resort, Hotel & Hospitality Practice Group, and the opening of a Savannah, GA office.

On June 1, 2011, twelve attorneys, including all the members of a highly respected Resort, Hotel & Hospitality Practice Group, join Taylor English Duma LLP from Weinstock & Scavo, P.C.  Consisting of five partners and seven associates, this group is nationally recognized for their expertise with representing clients in the resort, hotel, hospitality, and travel industry.  According to Partner James J. Scavo, “this group will immediately establish Taylor English as an industry service leader and further strengthen its corporate finance and real estate practice areas.”

The new additions will be primarily located in Atlanta, GA; however, contemporaneous with these additions, Taylor English will open an office in Savannah, GA that is intended to facilitate its servicing of existing Taylor English clients as well as clients represented by the firm’s new attorneys.

Transitioning partner Anthony Polvino says the group’s decision to join Taylor English was based on the firm’s “value oriented operating model and client focused culture” as well as “the quality and reputation of the lawyers the firm has attracted over the past six years.” Taylor English was founded in 2005 and purpose-built to deliver superior service by focusing on greater efficiency, flexibility and entrepreneurship.

”After carefully considering a variety of options,” Polvino stated, “we collectively decided that Taylor English offered an exceptional platform and the additional legal capabilities that allowed our unique national practice to best provide our clients the highest quality and best value of legal service.“

Taylor English managing partner Al Hill describes the addition as “a unique opportunity to bring in an experienced group of accomplished lawyers. The new team gives Taylor English a deeper breadth of coverage in several practice areas, and it allows us to expand our service to the Savannah region. We are looking forward to working with attorneys we’ve known and respected for several years.”

Taylor English Attorney Wins Appeal in Child Labor Case

Atlanta, Georgia, May 5, 2011 – The Sixth Circuit Court of Appeals affirms win of Taylor English attorney defending against the Department of Labor.

Taylor English attorney Deborah Ausburn successfully defended Laurelbrook Sanitarium and School, Inc, a Seventh-day Adventist boarding school in Tennessee, against the Department of Labor’s attempt to apply federal child labor laws to the school’s vocational curriculum.

Laurelbrook emphasizes academic and vocational training equally, as the Seventh-day Adventist Church advocates, and provides hands-on training for students in its nursing home and school operations. The Tennessee Department of Education has accredited the program as a valid vocational curriculum.

In a trial in the U.S. District Court for the Eastern District of Tennessee, the U.S. Department of Labor claimed that the work performed by students at Laurelbrook should be covered by child labor laws that prohibit hazardous activities.  The Department’s definition of “hazardous” is so broad that it would have prohibited Laurelbrook students from normal vocational learning activities, such as using table saws in carpentry class, industrial mixers in culinary classes, or hand tools to create anything.  Those restrictions would have gutted the school’s vocational program.

Taylor English attorney Deborah Ausburn successfully convinced the trial court that the “primary benefit is to the students, who learn practical skills about work, responsibility, and the dignity of manual labor in a way consistent with the religious mission of their school.”  Thus, the court held, federal child labor laws do not apply to the school’s vocational curriculum.

The U.S. Department of Labor appealed its loss to the Sixth Circuit Court of Appeals.

On April 28, 2011 the Sixth Circuit Court of Appeals affirmed Ausburn’s win in a published opinion that establishes precedent for four states. The court held that Laurelbrook provides its students both tangible benefits, such as vocational training, and intangible benefits such as “responsibility and the dignity of manual labor.” That combination of benefits convinced the court that, because the students reap the primary benefit from the vocational program, the Fair Labor Standards Act does not apply.

Ausburn, who has over 20 years of experience litigating similar cases, say the court’s affirmation is particularly gratifying. “Both courts specifically mentioned evidence that Laurelbrook graduates have a work ethic and leadership skills that are lacking in graduates of other programs. Laurelbrook believed in its program, and it deserves credit for refusing to give in to the power of the government.”

Atlanta Journal-Constitution Names Taylor English Duma One of the Top Workplaces

Atlanta, Georgia, May 2, 2011 – Atlanta law firm Taylor English Duma LLP Ranked Among Top 100 in Metro Atlanta’s Top Workplaces

The Atlanta Journal Constitution has selected Taylor English Duma LLP from nearly 500 nominees to be named one of metro Atlanta’s Top 100 Workplaces. The AJC surveyed more than 40,000 employees from the nominated companies and selected the 100 based on factors including: direction of the company, execution, work conditions, career paths, management, and pay and benefits. Employees were also asked to grade their workplace based on intangibles such as: “I love the people I work with”, “It’s like a family here”, “This is a great work culture”, and “I feel like I can make a difference.”

Firm partner and corporate department chairman George Gaskin describes Taylor English as “both proud and humbled” by the AJC selection. “Our vision when we founded Taylor English was to build a firm that attracted the best lawyers and staff and give them the best platform from which to serve their clients. This recognition suggests we are well on our way to realizing that vision.”

Taylor English attributes employee satisfaction and the firm’s continued ability to thrive in a down market to its innovative “horizontal” compensation model. The model provides an alternative to the rigid hierarchy of traditional law firms, attracting some of the nation’s top lawyers and delivering clients high quality service at lower rates than most large firms.

The AJC’s 2011 Top Workplaces list was published on April 17, 2011, and Taylor English placed fifth out of 50 in the Top Small Workplaces Category.

Taylor English Successfully Defends Employers Against Negligent Hiring and Supervision Claims

Atlanta – April 27, 2011 –In a tight economy when unemployment is high, creative plaintiffs try to find ways to blame employers for “Negligent Hiring and Supervision.”

Recently, Randy Gepp, an experienced employment lawyer at Atlanta law firm Taylor English Duma LLP, successfully defended Grady Memorial Hospital in two cases that involved the theory that, according to Mr. Gepp, “negligent supervision or negligent hiring tries to pin the liability for some kind of damage on a company based on the theory that it failed to exercise an appropriate level of care when it either hired an employee or in its supervision of that employee.”

In the first of the two cases, Brathwaite v. Fulton Dekalb Hospital Authority- filed in Fulton County Superior Court, the plaintiff alleged that she was terminated in violation of the Georgia Whistleblower Act and that the Hospital Authority was negligent in hiring and retaining her supervisor. The plaintiff reported allegedly improper acts committed by her supervisor and speculated that the supervisor might be involved in criminal activity at the Hospital Authority.

The court held that the plaintiff’s report of past activity at a prior employer and possible future criminal and ethical violations by the supervisor was not protected by the Georgia Whistleblower Statute and granted the Hospital Authority’s motion for summary judgment on all claims.

On the claims for negligent hiring and retention, the court granted summary judgment in favor of the Hospital Authority. Mr. Gepp reports “there was no evidence that the Hospital Authority knew or should have known of any alleged propensities of the plaintiff’s supervisor to commit acts that resulted in harm to the plaintiff. The Hospital Authority performed a background check based on all information available at the time. This is all the law requires.”

The second of the two cases, Jane Does v. Fulton Dekalb Hospital Authority- litigated in federal court, the plaintiffs claimed that a drug counselor at the hospital had sexually assaulted patients, and several plaintiffs alleged various state law and federal claims against the Hospital Authority. The court dismissed all of the claims and the plaintiffs appealed to the 11th Circuit, which upheld the rulings.

“This case also demonstrates that an employer can only be liable for negligent hiring when it knew or should have known that the employee hired had a tendency to cause the harm allegedly suffered by the plaintiffs,” Mr. Gepp said. “As long as the employer performs a background check that is reasonable under the circumstances, it should avoid liability.”

Cases based on the theory of Negligent Hiring or Supervision usually stem from an injury suffered by an employee or customer as a result of an allegedly negligent or wrongful act by the defendant’s employee. Examples include a case where a nurse that the patient claims was unqualified injures that patient in a hospital. Students have also sued schools in situations where a teacher employed injured the student as a result of an action by the school. In these types of cases the theory is that the employer should be responsible for the injury because the employer was negligent in the hiring of the employee who caused the injury. Employers may avoid liability for these claims by conducting appropriate background checks.