Ira Genberg has been chosen as one of the nation's 75 most outstanding lawyers by counsel at Fortune 1000 companies.
Mr. Genberg's trial victories in complex litigation have attracted the attention of the Wall Street Journal, the Washington Post, the London Times and the Atlanta Journal -Constitution. In addition, his career was the subject of a full-length feature story in the 2007 Edition of Super Lawyers Magazine titled "Atlanta's Ira Genberg Isn't Just One of The Top Lawyers in the Country; He's the Next Scott Turow."
Mr. Genberg has been regularly selected to:
- The Best Lawyers in America.
- Chambers USA Ranking Guide (highest tier) of America's Leading Business Lawyers.
- Outstanding Lawyers of America.
- The Top Attorneys in Corporate Litigation, Corporate Counsel Edition of Super Lawyers.
- Georgia's Super Lawyers and Top 100 Georgia Super Lawyers.
- Georgia's Legal Elite.
- America's Most Honored Professionals.
- International Who's Who of Construction Lawyers.
- International Who's Who of Business Lawyers.
- International Leading Lawyers.
- Guide to the World's Leading Construction Lawyers.
- Lawyers World - Leading Lawyers.
- Who's Who in America and Who's Who in the World.
- AV Rating from Martindale-Hubbell Peer Review (Highest Possible Attorney Rating).
One of the firm's Practice Group leaders, Mr. Genberg is a partner in the litigation section and a leader of the construction group. In 2010, 2011 and 2012, Mr. Genberg's group was ranked in the nation's highest possible tier by U.S. News & World Report and by Best American Lawyers for both construction litigation and for overall construction law. Mr. Genberg's group has now been selected to the first tier in every year of the three years the survey has been conducted. Chambers USA 2008 called Mr. Genberg "one of the top construction litigators in the country." Chambers USA 2009 described Mr. Genberg as a "true leader in his field" and as "widely praised" for his skills "in complex construction trials." Throughout his legal career, Mr. Genberg has represented major corporations in complex, high-stakes litigation throughout the United States, Canada, Europe and South America. His precedent-setting victory against the House of Commons established new law throughout the European Community; and in another landmark case, he proved a nationwide price-fixing conspiracy, the damage and injunctive relief amounting to nearly $500 million.
Mr. Genberg works with owners and contractors on complex commercial, industrial, power, hotel, university and civil projects around the world; regularly drafts and negotiates construction contracts for national and international clients; provides ongoing advice as to the overall planning and operation of projects; and seeks to resolve disputes as they arise so as to avoid litigation. He has been instrumental in leading the effort to draft several comprehensive, industry-wide construction agreements. In addition, he has chaired the national conferences of the Associated Owners and Developers, the nation's largest group of commercial and industrial owners of property, in several cities in 2004, 2006, 2007, 2008, 2009, and 2010. AOD's national conferences have included representatives from, among others, Coca-Cola, AT&T, Intel, Marriott, the State Department, HCA, General Electric, Boeing, Northeast Utilities, Georgia Power, Cousins Properties, Siemens, AIG, Chartis, Wells Real Estate, SunTrust Bank, Liberty Mutual, Tetra Tech, Blackwell, Kerzner International, New York Transit, Princeton, Emory, Duke, NYU, Bechtel, Turner Construction, Bovis, Skanska, Fluor, Perini, Clark, PriceWaterhouse Coopers, Ernst & Young, and Novare Group.
Currently, Mr. Genberg serves as an Adjunct Professor at Emory Law School where he teaches the Trial Techniques Program. He also acts as general counsel for the Associated Owners & Developers. He has authored or co-authored twenty-nine published articles on construction law. In 2008, he spoke to the Association of Corporate Counsel, Greater New York Chapter, in Manhattan on "Conducting Electronic Discovery Effectively in Federal Courts and International Settings".
His 1998 novel Reckless Homicide has received numerous accolades, sold more than 300,000 copies, and was a best American novel nominee for the Edgar Allen Poe Literary Award in 1999. All royalties from the novel's sale were donated to the United Way, a portion of which monies were used to create a new program with the Atlanta Legal Aid Society that helps those with cancer, ALS and other life-threatening diseases cope with legal problems, such as disputed insurance coverage, Social Security benefits and estate planning. Mr. Genberg has also served on the Boards of the Red Cross and the Home Project, and works pro bono for Atlanta's Center For Civil and Human Rights.
Representative Matters Handled By Mr. Genberg:
In a widely-reported, industry-wide, class-action, price-fixing case on behalf of the nation's largest contractors, Mr. Genberg won a landmark decision, including the recovery of $500 million dollars, in the United States District Court, later affirmed by the United States Court of Appeals. The decision, which was discussed in the national media, legal seminars, and law school classes, clarified the intersection of antitrust and labor law, and has been often cited by United States District Courts.
In a groundbreaking lawsuit, concluding with a 306-page opinion that established new law in the European community, Mr. Genberg's client, a French contractor, defeated the English Government and its House of Commons in an English court, successfully arguing that, under the new community law, a member government could not discriminate against a private company from another member nation. Mr. Genberg's client recovered all potential lost profits and all attorneys' fees. The progress of the case was continually covered by the British media, and the decision was reported by the international media.
In a $100 million dollar lawsuit arising out of a series of chemical plants in Argentina, Holland, Mexico and Spain, Mr. Genberg successfully represented one of the nation's leading EPC contractors before the International Chamber of Commerce.
In a price-fixing case on behalf of one of the country's largest cities against major equipment manufacturers, Mr. Genberg successfully represented the city and, in addition, new law was made as to the antitrust damages that could be recovered by governmental entities seeking treble damages as well as the retention of the product purchased.
In six separate arbitrations in London, England, Mr. Genberg successfully recovered millions of pounds in each matter on behalf of American contractors.
Mr. Genberg successfully represented an EPC contractor in litigation on a large dispute concerning the construction of a coal plant in China.
In a series of cases on behalf of an aluminum manufacturer before the federal courts and before an arbitrator in California, Mr. Genberg won in each instance the full measure of damages sought, and in one instance received an award of all attorneys' fees.
In a $40 million dollar complex litigation arising out of the design and construction of an aquarium, Mr. Genberg's client, a foreign contractor, recovered virtually all monies it sought and defeated all claims in their entirety by the owner.
In the Caribbean, Bahamas, Dubai, Morocco and Paris, Mr. Genberg successfully represented international resorts and casinos in disputes ranging above $100 million dollars.
Mr. Genberg currently represents, among others, one of the world's largest EPC contractors on a major dispute (in the range of $120 million) concerning multiple breaches of an EPC contract on a coal plant.
Mr. Genberg currently represents an international real estate developer in a major dispute concerning material underestimates by a construction manager.
Mr. Genberg currently represents a hotel-casino developer on several large projects where a dispute arose regarding alleged material underestimates by construction managers, by general contractors and by architects.
In hundreds of cases on behalf of owners, suppliers, contractors, subcontractors and architects across the United States, Mr. Genberg has recovered monies or successfully defended against claims before juries, judges, or arbitrators, in projects of nearly every type, from high-rise buildings, airports, and civic centers to nuclear, chemical and coal plants.
Mr. Genberg has drafted standard agreements to be used on a nationwide or worldwide basis for owners and contractors building hospitals, hotels, universities, civic centers, power plants, among other projects, as well as supervising the drafting of the standard form agreements of the Associated Owners and Developers ("AOD"), a national association headquartered in Washington, D.C.
Written about Mr. Genberg:
"The Storyteller's Story," Super Lawyers, 2007.
"Ira Genberg In a League of His Own," Construction Business Review, 1997.
"Smith Gambrell's Genberg Helps Win Historic EU Case," Daily Report, November 1999.
"Ira Genberg Named to BTI's Client Service All Star Team," Daily Report, October 2001.
"Smith, Gambrell Scores Big in Contract Dispute," Daily Report, February 2001.
"AOD 2000: Setting the Standard for Construction Contracts," Construction Business Review, 2001.
"Owner Group is Next to Draft Alternative Standard Agreement," Engineering News-Record, June 2002.
"Divided Loyalties," Book Review of Reckless Homicide, Georgia Bar Journal.
"Author Goes Classic in Courts," Atlanta Journal Constitution, January 1998.
Summary of Mr. Genberg's Book Reviews, 1998.
Written by Mr. Genberg:
"The Litigation Hold," presented to the Association of Corporate Counsel, New York Chapter (October, 2008).
"Reasonable Accessibility," presented to the Association of Corporate Counsel, New York Chapter (October, 2008).
"Sanctions For Discovery Violations Involving Electronically Stored Information," presented to the Association of Corporate Counsel, New York Chapter (October, 2008).
"Litigation's Domain Covers All E-mail," Engineering News-Record (May, 2005).
"Economic Loss: At the Crossroads," Construction Business Review (Volume 7, Number 3, 1997).
"Insurance Policy Exclusions Affecting General Contractors," Construction Business Review (Volume 6, Number 6, 1996-1997).
"Preparing a Witness for Cross-Examination," Construction Business Review (Volume 6, Number 5, 1996-1997).
"The Use of Adversary Witnesses to Support the Company's Case-in-Chief," Construction Business Review (Volume 6, Number 4, 1996).
"Using Computer Graphics in a Complex Construction Case," Construction Business Review (Volume 6, Number 3, 1996).
"Winning Your Case With A Persuasive Opening Statement," Construction Business Review (March/April, 1996).
"Developing Evidence Through Key Documents and On-Site Employees," Construction Business Review (January/February, 1996).
"Recovering Costs Under 'Variations Clauses' in International Contracts," Construction Business Review (November/December, 1995).
"Proving the Owner's Damages," Construction Business Review (September/October, 1995).
"Recovering Delay Costs on International Construction Projects," Construction Business Review (July/August, 1995).
"Keeping Proper Records," Construction Business Review (May/June, 1995).
"Minimizing the Risks of International Construction Contracts," Construction Business Review (March/April, 1995).
"The Impact of Hazardous Waste Legislation on Owners and Contractors," Construction Business Review (January/February, 1995).
"Avoiding Bid Shopping," Construction Business Review (November/December, 1994).
"Making An Effective Opening Statement," Prentice Hall (October 1994).
"The Risks of Litigating with Foreign Companies," Construction Business Review (September/October 1994).
"Stopping Work," Construction Business Review (July/August 1994).
"Tax Considerations in Construction Litigation," Construction Business Review (May/June 1994).
"Suits Against Construction Managers," Construction Business Review (March/April 1994).
"Economic Waste," Construction Business Review (November/December 1993).
"Competitive Bidding," Construction Business Review (September/October 1993).
"Limiting Home Office Overhead Claims," Construction Business Review (July/August 1993).
"Selection and Use of Expert Witnesses," Construction Business Review (May/June 1993).
"International Joint Ventures: Choosing a Partner and Designing an Agreement," Construction Business Review (March/April 1993).
"The Effect of Specific and General Releases," Construction Business Review (January/February 1993).
"Potential Sanctions for Failure to Pay Subcontractors," Construction Business Review (November/December 1992).
"Punitive Damages: The New Conscience of the Construction Industry," Construction Business Review (September/October 1992).
"Translating Delay Into Dollars," Engineering News-Record (October 1985).
"Techniques & Strategies for Successful Claims Negotiation," Engineering News-Record (October 1985).
Chairman, National Construction Conferences
Chairman, 2010, National Construction Conferences of Associated Owners and Developers in New Orleans, Louisiana and Atlanta, Georgia
Chairman, 2009, National Construction Conferences of Associated Owners and Developers in Atlanta, Georgia and in Washington, D.C.
Chairman, 2008, National Construction Conferences of Associated Owners and Developers in Miami, Florida and Atlanta, Georgia
Chairman, 2007, National Construction Conferences of Associated Owners and Developers in Atlanta, Georgia and in Washington, D.C.
Chairman, 2006, National Construction Conferences of Associated Owners and Developers in Washington, D.C., and Atlanta, Georgia
Chairman, 2004, National Construction Conferences of Associated Owners and Developers in New York, New York, Miami, Florida, Atlanta, Georgia and Orlando, Florida
Recognized as one of America's Leading Lawyers for Construction by Chambers USA (2009-2012).
Recognized in The Best Lawyers in America in Construction Litigation and Law (2007-2013).
Selected as a Super Lawyer in Construction Litigation by Law & Politics and Atlanta Magazine (2004-2013).