Rocco E. Testani

Rocco E. Testani: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

Rocco Testani is co-leader of the Eversheds Sutherland (US) Business and Commercial Litigation team, he leads the Education sector team and is a member of the firm's Executive Committee. He has represented state and local government officials across the nation in school finance matters, including education funding and adequacy litigation. Rocco also represents clients in litigation ranging from complex business disputes to civil rights and constitutional law cases.

Over the past 25 years, Rocco has tried numerous cases in both federal and state courts, in Georgia and other states. He has a broad range of experience in many types of cases including “bet-the-company” business litigation matters, as well as in high-profile public policy and governmental disputes. Rocco has also served as a special assistant attorney general.

Experience

“Eversheds Sutherland (US) attorneys have successfully represented state and local governments and executive officials in a variety of complex matters ranging from school funding and adequacy litigation to voting rights and desegregation cases.

Experience

Lead counsel to the Florida Senate, House of Representatives and State Board of Education in a constitutional challenge to Florida's $19 billion K-12 public school funding system. After a four-week trial, the court entered judgment in favor of the State.
Won a judgment, affirmed by the Georgia Supreme Court, challenging the Atlanta Public Schools’ decision to withhold millions of dollars of the system’s unfunded pension liability from start-up charter schools in the city.
Represented the State of Georgia, Board of Education and School Superintendent in a challenge to the state’s public school funding laws, which was dismissed by plaintiffs prior to trial.
Obtained dismissal of breach of contract claims brought by former dealers against a leading provider of specialized payment products and services.
Obtained a damages award and specific performance for a timber asset management company and investment firm in connection with an environmental mitigation bank project.
Obtained dismissal of a shareholder action seeking to enjoin the merger of a major defense and aerospace firm.
Defeated a claim for injunctive relief in trade secret litigation for an international consumer products company.
Obtained summary judgment for a pharmaceutical company against claims of unfair competition and misappropriation asserted by a brand-name competitor.
Obtained a favorable jury-trial verdict, affirmed on appeal, for a major parking management company in litigation against claims for breach of contract and lost profit damages.
Defended a leading health care service provider against unfair competition and copyright infringement claims asserted by an original equipment manufacturer.
Defended forest products company against claims of mismanagement and breach of contract in a four-week jury trial.
Obtained dismissal of all claims as lead counsel for a special board committee of a major media company in class action and shareholder derivative proceedings seeking to enjoin a proposed $1 billion management-led buyout.
Obtained summary judgment in favor of a Big Three automobile manufacturer in a multi-plaintiff dispute with franchisees concerning warranty parts reimbursement payments.
Represented, along with the state attorney general, the State and Governor of Michigan in a 35-year-old school desegregation case, resulting in the phase-out of extraordinary funding.
Represented the State and Governor of New York in a seven-month trial challenging the constitutionality of the state's education financing system concerning the New York City public schools.
Served as a consultant to the States of Alaska, Texas and South Carolina in school finance matters.
Represented numerous school districts and states in school desegregation and unitary status matters.
Represented two large, urban school districts as outside general counsel for many years.
Served as outside general counsel to several private elementary and secondary schools and public charter schools.

Publications

“In today’s complex business world, negotiating parties routinely enter into preliminary agreements, which often contain binding and non-binding provisions, prior to executing a final contract. When entering into such preliminary agreements, parties should be wary of the Venture ‘rule’ that leaves open the door to the possibility of expectation damages being awarded for the breach of a non-binding preliminary agreement.”

Legal Alerts

Legal Alert: Alternative fax? FCC and TCPA defendants urge Supreme Court to reject review of lower court’s junk fax ruling (January 29, 2018)
Oppositions to a petition for certiorari were recently filed with the United States Supreme Court urging the Court to reject a proposed appeal filed by serial Telephone Consumer Protection Act (TCPA) ...

Legal Alert: Dialing-In: TCPA Hot Issues for 2018 (January 9, 2018)
Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the ...

Legal Alert: Call Waiting? Challengers Continue to Await Ruling in Appeal of 2015 TCPA Order (December 20, 2017)
We continue to await a ruling from the US Court of Appeals for the DC Circuit in the appeal of the Federal Communications Commission’s (FCC) July 2015 Omnibus Telephone Consumer Protection Act (TCPA) ...

Legal Alert: Calling Toll-Free: Special Rules for Nonprofits Offer Safe Harbor from TCPA Liability (December 6, 2017)
A company making calls to residential telephone numbers was not liable for alleged violations of the Telephone Consumer Protection Act (TCPA) where the calls were made on behalf of a nonprofit, ...

Legal Alert: Cutting the Cord: Can Courts Trim TCPA Statutory Damages? (October 2, 2017)
Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack ...

Legal Alert: Got Game? Privacy Exclusion Results in Denial of Coverage in L.A. Lakers TCPA Suit (August 31, 2017)
An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US ...

Legal Alert: Invalidation of Georgia Garnishment Statute - Now What? (October 12, 2015)
On September 8, 2015, a federal district court invalidated a portion of the Georgia post-judgment garnishment statute in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga.). Senior Judge Marvin ...

Legal Alert: Delaware Supreme Court Addresses Novel Controlling-Stockholder Claim and Clarifies Effect of a Fully Informed, Uncoerced Stockholder Vote (October 9, 2015)
The Delaware Supreme Court recently issued an opinion, captioned Corwin v. KKR Financial Holdings LLC,1 that sheds further light on when a stockholder owning less than 50% of the voting power of a ...

Legal Alert: Ringing in the New Year: TCPA Hot Issues for 2015 (January 16, 2015)
The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications ...

Legal Alert: TCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance (December 9, 2014)
As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their ...

Articles

Federal Courts Can’t Solve Our Education Ills (Spring 2017 / Vol. 17, No. 2)
Education Next
Does the U.S. Constitution guarantee a right to education? It does not, the Supreme Court declared in San Antonio Independent School District v. Rodriguez, a 1973 case alleging that disparities in ...

2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...

Avoiding ‘Benefit of the Bargain’ Damages in Letters of Intent (October 2010)
Business Law Today

Accountability Left Behind (Summer 2008)
Reprinted with permission from Education Next

Educational Adequacy Litigation - A Detour on the Road to Reform (April 2005)
Lexis Nexis
Rocco Testani and Al Lindseth co-authored this paper which was presented at the Third Virginia Commonwealth Education Law Conference. The paper discussed several recent developments in education adequacy and school finance litigation across the nation, and the impact of such cases on school funding policies and whether such cases have had any measurable impact on student performance. The full text of the paper can be found in Critical Issues In Education Law and Policy, available through Lexis Nexis.

Presentations

Eversheds Sutherland (US) encourages clients to define, at the outset of the case, what a ‘win’ would be, with attention to litigation’s collateral consequences.

Presentations

It’s Time to Move Beyond “More Money” Lawsuits (June 2, 2017)
Education Writers Association
Eversheds Sutherland (US) Partner Rocco Testani presents It’s Time to Move Beyond “More Money” Lawsuits at the Education Writers Association National Seminar at Georgetown University on June 2, ...

The Case for Improving Schools Without Endless Litigation (February 13, 2017)
American Enterprise Institute
Eversheds Sutherland (US) Partner Rocco Testani presents The Case for Improving Schools Without Endless Litigation at the American Enterprise Institute on February 13, 2017.

School Funding Litigation (November 30, 2016)
NAAG 2016 Fall Meeting
Sutherland Partner Rocco Testani joins the panel to present School Funding Litigation at the NAAG 2016 Fall Meeting on November 30, 2016, in Ft. Lauderdale, Florida.

Webcast: Winter Is Coming and So Are Changes to the Federal Rules of Civil Procedure (e-Discovery) (December 2, 2015)
On December 1, 2015, several important changes will be made to the Federal Rules of Civil Procedure. Please join Sutherland’s Litigation Team for an informative webcast that will highlight these ...

Recent Developments in Legal Landscape Impacting E-Discovery (November 17, 2015)
ABA Regional Advanced eDiscovery Meeting
Sutherland Partner Rocco Testani presents Recent Developments in Legal Landscape Impacting E-Discovery at the ABA Regional Advanced eDiscovery Meeting on November 17, 2015 in Atlanta, GA

2013 Civil Justice Forum: Leveling the Legal Playing Field (December 12, 2013)
Heritage Foundation and Georgia Chamber of Commerce
Sutherland Partner Rocco Testani presents 2013 Civil Justice Forum: Leveling the Legal Playing Field at the Heritage Foundation and Georgia Chamber of Commerce on December 12, 2013.

Association of Corporate Counsel Annual Meeting (October 27-30, 2013)
Sutherland is proud to be a returning Gold Sponsor of the Association of Corporate Counsel’s 2013 Annual Meeting, taking place October 27-30 in Los Angeles. The ACC Annual Meeting is the largest ...

Georgia State E-Discovery Rules (November 2012 and 2013)
Institute for Continuing Legal Education

Free Speech or Misconduct: Board Members, Staff, Students and the Internet (November 2012)
Georgia School Boards Association

What Did You Intend? Practice Points in Negotiating Letters of Intent: Using the Tools and Avoiding the Traps? (October 12, 2010)
ACC Georgia Chapter Luncheon
The Georgia Chapter of Association of Corporate Counsel and Sutherland Asbill & Brennan LLP presented: What Did You Intend? Practice Points in Negotiating Letters of Intent: Using the Tools and ...

News

In the News

T5 Data Centers and QuadReal Launch $2.5 Billion Fully Integrated Platform to Develop, Acquire and Operate Data Centers (April 26, 2019)
Globe Newswire
Eversheds Sutherland is mentioned in this Globe Newswire press release regarding its representation of T5 Data Centers, an industry leader in building and operating secure and customizable computing ...

Closer Look: Election 2018 - Amendment 2, Business Court; Defending Civil Liberties Online (November 2, 2018)
WABE Atlanta
In this interview with WABE Atlanta, Eversheds Sutherland Partner Rocco Testani discusses the possible creation of a statewide business court in Georgia.

Verdict on Statewide Business Court Going To Voters (October 12, 2018)
Atlanta Business Chronicle
Eversheds Sutherland Partner Rocco Testani is quoted in this Atlanta Business Chronicle article discussing the possible creation of a statewide business court in Georgia. After the General Assembly ...

People on the Move - Rocco Testani (June 5, 2017)
Atlanta Business Chronicle
Eversheds Sutherland (US) Partner Rocco Testani is mentioned in this Atlanta Business Chronicle article for being elected to the firm’s Executive Committee.

School Equity Lawsuits Face Setbacks: Have Judges Closed the Courthouse Door to Students? (April 4, 2017)
The 74
Eversheds Sutherland (US) attorneys Rocco Testani, Alfred Lindseth and Lee Peifer’s article “Federal Courts Can’t Solve Our Education Ills” is mentioned in this article published by The 74.

School Finance and Opportunity: The Law and the Road Ahead (February 13, 2017)
American Enterprise Institute (AEI)
In a televised interview on C-SPAN 2 with the American Enterprise Institute, Eversheds Sutherland (US) Partner Rocco Testani discusses the efficacy of judicial intervention in school funding and ...

TCPA: Is the Scope of Consent Unlimited? (September 23, 2014)
insideARM.com
Sutherland’s legal alert, TCPA Hot Issues: Is the Scope of Consent Unlimited?, was featured in insideARM.com.

Georgia Moves Closer to Regulating E-Discovery (January 21, 2014)
Law Technology News
Opposing sides are closer to a consensus on proposed state legislation regulating e-discovery, but sticking points remain, particularly on sanctions for spoliation of electronic documents. Sutherland ...

Proposed E-discovery Rules Move Forward (January 3, 2014)
Daily Report
A group of judges, trial lawyers and defense attorneys called together by House Judiciary Committee Chairman Wendell Willard, R-Sandy Springs, met twice this fall to hash out a bill filed late in the ...

State gives Fulton Science Academy High a second chance to save its charter (June 21, 2013)
The Atlanta Journal-Constitution
The State Board of Education gave Fulton Science Academy High School a second chance to save its charter, overriding a recommendation from the Fulton County School Board that the charter of the ...

Press Releases

19 Eversheds Sutherland Practice Areas, 55 Attorneys Named Among Nation’s Best in 2019 Chambers USA (April 25, 2019)
Eversheds Sutherland is pleased to announce that 19 practices and 55 attorneys have earned recognition in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...

Acritas Stars Recognizes 22 Eversheds Sutherland Attorneys for Outstanding Client Service (March 20, 2019)
Eversheds Sutherland is pleased to announce that 22 attorneys have been recognized as stand-out lawyers in the 2019 Acritas Stars: Independently Rated Lawyers report. The annual report, based on ...

27 Eversheds Sutherland Attorneys Named 2019 Georgia Super Lawyers and Rising Stars (February 7, 2019)
Eversheds Sutherland is pleased to announce that 25 of its attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers . Additionally, two attorneys have been ...

18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...

19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...

Acritas Stars Recognizes 17 Eversheds Sutherland (US) Attorneys for Outstanding Client Service (March 20, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 17 attorneys have been recognized as stand-out lawyers in the 2018 Acritas Stars: Independently Rated Lawyers report. The annual report, ...

30 Eversheds Sutherland (US) Attorneys Named 2018 Georgia Super Lawyers and Rising Stars (February 23, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 25 of its attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers . Additionally, five attorneys have ...

Six Eversheds Sutherland Attorneys Ranked by Benchmark Litigation (September 29, 2017)
Eversheds Sutherland is pleased to announce that six of its attorneys will be listed in the latest Benchmark Litigation guide of America’s leading business litigation firms and attorneys. In ...

Eversheds Sutherland Sponsors Four Cristo Rey Interns for Fourth Consecutive Year (September 21, 2017)
ATLANTA-Eversheds Sutherland is pleased to announce its sponsorship of four students from the work-study program at Cristo Rey Atlanta Jesuit High School for the fourth consecutive year. The program ...

Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...

Multimedia

Videocast: Employment Issues When Setting Up Education Programs Overseas (September 28, 2017)
Establishing overseas educational programs or campuses comes with significant employment-related challenges such as work permits, pensions, health and safety, data protection and ownership of ...

Videocast: Regulatory Aspects of Setting Up Education Programs Overseas (September 26, 2017)
Establishing overseas educational programs or campuses can be a complex, expensive and resource consuming endeavor that can take years. Regulations, local laws and tax implications differ from ...

Webcast: Winter Is Coming and So Are Changes to the Federal Rules of Civil Procedure (e-Discovery) (December 2, 2015)
On December 1, 2015, several important changes will be made to the Federal Rules of Civil Procedure. Please join Sutherland’s Litigation Team for an informative webcast that will highlight these ...

Awards and Rankings

Eversheds Sutherland (US) attorneys have tried cases in federal and state courts throughout the nation and have appeared before the U.S. Supreme Court and all 13 U.S. Courts of Appeals.

Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2019)

Recognized by The Legal 500 United States in the area of general commercial disputes (2015-2018)

Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of general commercial litigation (2016-2019)

Selected as a Georgia Local Litigation Star by Benchmark Litigation (2012-2017)

Named to The Best Lawyers in America in the area of education law (2007-2019)

Selected as a Future Litigation Star by Benchmark Litigation (2011)

Selected for inclusion in Georgia Super Lawyers (2006-2019)

Selected for inclusion in Georgia Super Lawyers “Rising Stars” (2005)

Named among the Legal Elite by Georgia Trend magazine(2009, 2011)

Areas of Practice (6)

  • Litigation
  • Complex Business Litigation
  • Class Action Defense
  • Education, Government & Civil Rights
  • Alternative Dispute Resolution
  • Securities Fraud Class Action

Education & Credentials

Contact Information:
University Attended:
Emory University, B.A., summa cum laude, Phi Beta Kappa, Harry S. Truman Scholar
Law School Attended:
University of Michigan Law School, J.D., magna cum laude
Year of First Admission:
1992
Admission:
U.S. District Court for the Northern District of Georgia; Trial and Appellate Courts Georgia; U.S. Court of Federal Claims; U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the Western District of Michigan; 1992, Georgia; U.S. Court of Appeals for the First Circuit; U.S. District Court for the Middle District of Georgia
Memberships:

Professional Activities

Member, American Bar Association
Member, State Bar of Georgia
Member, Atlanta Bar Association
Member, Federalist Society
Member, Law and Judiciary Committee, Georgia Chamber of Commerce
Member, Board of Directors, Georgians for Lawsuit Reform
Past Member, State Bar of Georgia/Georgia Chamber of Commerce Task Force on Electronic Discovery
Chairman of the Board, Reach for Excellence, Marist School
Past Chairman of the Board, Catholic Charities Atlanta
Past Chairman of the Board, Christ the King School

Birth Information:
Santa Maria, California, April 24, 1967
ISLN:
901125741

Peer Reviews

5.0/5.0 (1 review)
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    5.0/5.0
  • Communication

    5.0/5.0
  • Legal Experience

    5.0/5.0

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (32)

Documents by this lawyer on Martindale.com

Atlanta, Georgia

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