Craig Bertschi focuses his practice on the defense of consumer class actions and disputes arising out of complex business transactions, including mergers and acquisitions, earn-out agreements, business valuations, factoring arrangements, partnership dissolutions and corporate governance disputes. Mr. Bertschi also has extensive experience in litigating cases under the Fair Credit Reporting Act. Mr. Bertschi has extensive experience as lead counsel in federal courts in the Second, Fourth, Fifth, Ninth and Eleventh Circuits, the state courts of Georgia, proceedings before AAA arbitration panels and in private arbitrations. Mr. Bertschi is AV® rated by Martindale-Hubbell. Experience Robbie Hillis et al. v. Equifax Consumer Services Inc., et al., Represented Equifax in this putative class action filed in the United States District Court for the Northern District of Georgia. The plaintiff alleged that several of Equifax's consumer products violated the Credit Repair Organizations Act and sought the certification of a nationwide class. The court denied plaintiff's motion for Class Certification and the case was subsequently settled on terms favorable to Equifax and the other defendant.
Robbie Hillis v. Equifax Consumer Servs., Inc., et al., No.1:04-CV-3400-BBM (N.D. Ga.). White et al. v. Experian Information Solutions Inc., et al., Represents Equifax in this putative class action filed in the United States District Court for the Central District of California. The plaintiffs alleged that Equifax, TransUnion and Experian violated the Fair Credit Reporting Act by failing to accurately report consumers' debts that were discharged in Chapter 7 bankruptcy proceedings. Plaintiffs sought the certification of a nationwide class, money damages and injunctive relief. The case was actively litigated for nearly three years. In January 2009, the court issued a tentative decision denying plaintiffs' motion for Class Certification. The case settled shortly thereafter. The court granted final approval of the parties' settlement in July 2011.
White v. Experian Information Solutions, Inc., No. 05-CV-01070 (C.D. Cal. Nov. 2, 2005). Premium Mortgage Corp. v. Equifax Information Services, et al., Served as counsel to Equifax. The plaintiff, a mortgage broker, alleged that a subsidiary of Equifax Inc. misappropriated trade secrets belonging to it and other mortgage brokers around the country. The plaintiff sought certification of a nationwide class. The court granted Equifax's motion to dismiss on preemption grounds, and the decision was affirmed by Second Circuit Court of Appeals.
Premium Mortgage Corp. v. Equifax Info. Sys., et al., No. 07-6349 (W.D.N.Y.). Paul Black, et al. v. Winn-Dixie Stores Inc., Represents Winn-Dixie Stores, Inc. in this putative class action asserting claims under the Fair Credit Reporting Act. The plaintiffs allege that Winn-Dixie violated the Fair Credit Reporting Act in connection with conducting criminal background checks on prospective and current employees and sought the certification of a nationwide class. The case has now been settled, and the court has granted preliminary approval of the settlement. The final fairness hearing in this case is scheduled for June 2011.
Black, et al. v. Winn-Dixie Stores, Inc., No. 3:09-CV-00502 (M.D.Fla.). William A. Harris, Sr. v. Equifax Information Services LLC and Byerson v. Equifax Information Services LLC, Represented Equifax in these putative class actions asserting claims under the Fair Credit Reporting Act. The plaintiff sought to certify a nationwide class consisting of consumers holding Capital One credit cards, alleging that Equifax and other credit reporting agencies violated the Fair Credit Reporting Act by allegedly substituting consumers' "high balance" for their "credit limits" when reporting consumers' Capital One accounts. The matter was actively litigated for over two years. In June 2009, the court granted Equifax's Motion for Summary Judgment on all of Plaintiff's claims. No appeal was taken.
William A. Harris, Sr. v. Equifax Info. Servs., LLC, No. 06-01810 (D.S.C. filed June 15, 2006) and Byerson v. Equifax Info. Servs., LLC, No. 06-582 (E.D. Va.). Griffin v. Harley-Davidson Credit Corp. and Eaglemark Savings Bank, Represented Harley-Davidson Credit Corp. and Eaglemark Savings Bank in this putative class action filed in the United States District Court for the District of South Carolina. The plaintiffs alleged that these Harley-Davidson subsidiaries charged certain late fees and repossession fees in violation of the South Carolina Consumer Protection Code, and sought the certification of a class consisting of consumers residing in the State of South Carolina. The court granted summary judgment in favor of Eaglemark Savings Bank on all claims. The majority of plaintiffs' claims against Harley-Davidson Credit Corp. were also resolved on summary judgment. The plaintiffs' remaining claim was settled on terms favorable to the defendant.
Griffin v. Harley-Davidson Credit Corp., et al., No. 08-00466 (D.S.C.). Hodges v. MedAssets Net Revenue Systems LLC, Served as lead counsel to MedAssets, Inc. and one of its subsidiaries, which were sued for alleged breach of an earn-out agreement. Plaintiff alleged that the defendants breached their duties of good faith and fair dealing by making it impossible for the plaintiff to meet sales targets contemplated by her earn-out agreement. The court granted MedAssets' motion for summary judgment in April 2010. No appeal was taken.
Hodges v. MedAssets Net Revenue Systems, LLC, No. 1:07-CV-2985-CC (N.D. Ga.). *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 February 2012, The Domino's Effect: How Following the Letter of the FCRA Could Save your Business from a Litigation Chain Reaction, Legal Alerts 31 August 2011, California Opens the Floodgates
Source: Executive Counsel, Articles 01 June 2011, 5 Tips: Avoiding Litigation During The Hiring Process
Source: Pre-employ.com, Inc., Articles 29 April 2011, EEOC v. PeopleMark: A Tale of Regulatory Overreach
Source: NAPBS Journal, Articles 28 April 2011, Supreme Court Upholds Class Action Waivers In AT&T v. Concepcion, Legal Alerts 18 April 2011, Georgia Rewrites Evidence Code, Legal Alerts 04 April 2011, Federal court sanctions the EEOC, ordering it to pay more than $750,000 in attorneys fees to a private employer, Legal Alerts 22 February 2011, California Supreme Court Opens the Floodgates to Zip Code Class Actions, Legal Alerts 21 February 2011, FCRA Class Action Lawsuits: The Sharks are Circling
Source: NAPBS® Journal, Articles 16 February 2011, TCPA regulates text marketing campaigns
Source: Atlanta Business Chronicle, Articles 03 February 2011, Telephone Consumer Protection Act Text Message Class Action Alert, Legal Alerts 30 September 2010, Beware EFTA Notice Requirements
Source: Law 360, Articles 17 September 2010, Recent Surge in Class Actions Filed Under the Electronic Fund Transfer Act, Legal Alerts 30 March 2010, Beware EFTA Notice Requirements
Source: Law 360, Articles 23 March 2010, Background Checks Could Lead to Litigation
Source: Fulton County Daily Report, Articles 23 February 2010, Background Checks Could Lead To Litigation
Source: Fulton County Daily Report, Articles 01 December 2009, What Every Company Should Know and Do About Employee Background Checks
Source: Kilpatrick Stockton LLP, Other Publications 14 July 2008, The FTC's "Red Flag Regulations" To Combat Identity Theft Go Into Effect On November 1, 2008, Legal Alerts 06 May 2008, Merchants: Beware five-digit trap. Thanks to FACTA, credit card receipts could lead to a wave of class actions
Source: Fulton County Daily Report, Articles 17 March 2008, Metadata: What You Don't Know Can Hurt You
Source: Fulton County Daily Report, Articles 22 August 2007, Surviving eDiscovery
Source: Storage Magazine, Articles 18 June 2007, Metadata Taking On Added Urgency for Attorneys
Source: Atlanta Business Chronicle, Articles 19 October 2006, December 2006 Rules Change: How to Implement An Effective Document Retention Policy Now, Legal Alerts News 11 October 2011, Kilpatrick Townsend's Craig Bertschi and Alan McConnell Speak at New York City Bar Association Program on "Doing Business in California", News Releases Events 27 April 2011, Use of Background Checks in Employment Decisions and Compliance With The FCRA, Events 15 December 2010, The EEOC's eRACE Initiative and its Implications for the Background Screening Industry, Events 07 February 2009, Ethical Considerations When Engaging in Electronic Discovery, Events 15 January 2009, Ethical Considerations, Events 15 January 2009, Electronic Data Seminar, Events 07 September 2007, Getting set for eDiscovery, Events 18 April 2007, Technology for Lawyers, Events 12 April 2007, Mandating Metadata: Are Parties Required to Produce Hidden Data Under the eDiscovery Amendments to the FRCP?, Events 07 February 2007, Ethical Considerations and Issues Raised by the Recent eDiscovery Amendments to the FRCP, Events 16 January 2007, Ethical Considerations for Attorneys in Today's Electronic Age, Events |