C. Allen Garrett, Jr.

C. Allen Garrett, Jr.

Allen Garrett has significant experience in complex business litigation, arbitration, and appellate matters. Substantive areas of expertise include antitrust and trade regulation, commercial contract disputes, consumer class actions (including "no injury" class actions), commercial insurance coverage disputes, enforcement of restrictive covenants, products liability, toxic torts, and trade secret litigation. His trial level experiences include state and federal court actions in numerous jurisdictions, as well as actions consolidated for pretrial proceedings by the Judicial Panel on Multidistrict Litigation. In recent years Mr. Garrett has litigated a number of cutting-edge issues in connection with state consumer fraud statutes, federal jurisdictional disputes, and the protection of competitively valuable information.

Mr. Garrett has substantial experience with consumer class actions. He has litigated matters involving consumer protection statutes of numerous states, including several multidistrict cases, and has specific expertise regarding California's consumer protection laws. In addition to consumer fraud class action, he has defended putative class actions and other multi-claimant actions brought by businesses, and he also has experience with franchise disputes. Recently he has begun to counsel clients regarding the drafting and enforcement of class-action waivers, forum selection clauses, and choice-of-law provisions that increase the likelihood of defeating class certification.

Mr. Garrett has extensive appellate litigation experience. In addition to briefing appeals to the United States Supreme Court and numerous state and federal appellate courts, he has argued a number of appeals and provided advice in connection with countless others. Mr. Garrett frequently has lectured on appellate briefing issues and recently was a member of the Eleventh Circuit Appellate Practice Institute panel on the topic of "Writing the Winning Brief." His appellate brief-writing skills have been praised by professional appellate consultants.

Mr. Garrett also has participated in significant pro bono matters at both the trial and appellate level, including in recent proceedings before the United States Supreme Court and the Georgia Supreme Court. As a result of his continuing commitment to pro bono matters he received the firm's Managing Partners' Pro Bono Award in 2007.

Selected Experience

Mr. Garrett's decisions include:

· Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 129 S. Ct. 865 (2009)

· Camafel Building Inspections, Inc. v. BellSouth Advertising & Publishing Corp., 298 Fed. Appx. 822 (11th Cir. 2008), aff'g 2008 WL 649778 (N.D. Ga. Mar. 7, 2008)

· Lockheed Martin Corp. v. L-3 Communications Corp., 2008 WL 4791804 (N.D. Ga. Sept. 30, 2008)

· Molnar v. 1-800-Flowers.com, Inc., 2008 WL 4772125 (C.D. Cal. Sept. 29, 2008)

· MJCM, L.L.C. v. United Community Banks, Inc., 2007 WL 26829 (5th Cir. Jan. 4, 2007)

· Florida Evergreen Foliage v. E.I. du Pont de Nemours and Co., 470 F.3d 1036 (11th Cir. 2006)

· Department of Transportation v. Meadow Trace, Inc., 631 S.E.2d 359 (Ga. 2006)

· Nunnally v. Equifax Information Services, LLC, 451 F.3d 768 (11th Cir. 2006)

· McGarry v. Cingular Wireless LLC, 599 S.E.2d 34 (Ga. Ct. App. 2004)

· BellSouth Corp. v. Forsee, 265 Ga. App. 589, 595 S.E.2d 99 (2004)

· Green Leaf Nursery, Inc. v. E.I. du Pont de Nemours and Co., 341 F.3d 1292 (11th Cir. 2003)

· Mortgage Credit Services, Inc. v. Equifax Credit Information Services, Inc., 766 N.E.2d 810 (Ind. App. 2002)

· Alton Ochsner Medical Foundation v. Allendale Mutual Ins. Co., 219 F.3d 501 (5th Cir. 2000)

· Kobatake v. E.I. du Pont de Nemours and Co., 162 F.3d 619 (11th Cir. 1998)

· Fruit of the Loom, Inc. v. Travelers Indem. Co., 284 Ill App. 3d 485, 672 N.E.2d 278, 219 Ill Dec. 770 (Ill. App. 1st Dist. 1996)

Mr. Garrett's decisions in pro bono matters include:

· Al-Amin v. Smith, 511 F.3d 1317 (11th Cir. 2008), cert. denied, 129 S. Ct. 104 (2008)

· Sentence Review Panel v. Moseley, 284 Ga. 128, 663 S.E.2d 679 (2008)

· Wright v. Lewis, 76 F.3d 57 (2d Cir. 1996)

Background

· Mr. Garrett lectures on legal writing and on appellate practice issues.

· Together with Kilpatrick Stockton partner James F. Bogan III, he has co-authored a chapter from the ABA treatise State Antitrust Practice and Statutes and a chapter in the ABA handbook The Right Against Self-Incrimination in Civil Litigation.

· Mr. Garrett also co-authored an article in the National Law Journal and several articles in the ABA's Mass Torts Newsletter.