David Hopkins is a commercial litigator with extensive experience in complex business litigation, including both federal and state court class action defense, administrative proceedings before the Georgia Commissioner of Insurance and other regulatory authorities, and various forms of alternative dispute resolution. Mr. Hopkins is experienced in defending and prosecuting contract, tort, and statutory claims involving breaches of restrictive covenants (non-competition, non-solicitation, employee piracy and confidentiality), RICO violations, the UCC, products liability, franchise disputes, fraud, tortious interference with contractual relations, misappropriation of trade secrets, breaches of fiduciary duty (arising out of joint venture and various other confidential relationships) and personal injury.
Education
- J.D., College of William & Mary School of Law, 1994
- B.A., University of Virginia, 1988
Bar Admissions
Admitted To Practice
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the Middle District of Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals
Representative Experience
- Friends of Piedmont Park v. The Atlanta Botanical Garden, Fulton County Superior Court, State of Georgia (2007). Obtained summary judgment for Atlanta Botanical Garden (“ABG”) in suit to “Stop the Deck” in Piedmont Park. Plaintiffs alleged ABG was subject to Open Records Act and was constructing parking facility in violation of state statutory and Constitutional law. Case subject of extensive coverage in various media, including the Atlanta Journal Constitution, National Public Radio and television news.
- Securities and Exchange Commission v. Mutual Benefits Corporation, United States District Court for the Southern District of Florida (2005). In SEC initiated securities fraud action, secured release to investors of $100 million escrow fund seized by Court-appointed receiver as asset of receivership estate.
- Barry Hyde v. The City of Concord, N.C., State Court of North Carolina, Cabarrus County General Court of Justice (2005). Obtained summary judgment for the City of Concord in its defense of $20,000,000 negligence claim filed by pilot for injuries sustained in airplane crash after lift-off from City airport. Plaintiff pilot suffered severe brain damage, including loss of sight, smell and taste. Decision affirmed June 6, 2006 by North Carolina Court of Appeals.
- Securities and Exchange Commission v. Mutual Benefits Corporation , United States District Court for the Southern District of Florida (2006). In SEC initiated securities fraud action, defeated Court-appointed receiver’s effort to involuntarily liquidate $1 billion portfolio of investor owned life insurance policies.
Reported Decisions
- Rumble v. Waterhouse, et al . 2007 WL 2506698 (M.D. Ga. 2007). Secured dismissal of federal RICO Class Action arising out of allegedly fraudulent automobile insurance.
- Curtis Investment v. Bayerische Hypo-Und Vereinsbank, et al . 2007 WL 4564133 (N.D.Ga. 2007). Secured dismissal of federal RICO action arising out of IRS challenge to allegedly improper tax shelter.
- General Star v. Elan Motorsports, et. al. 356 F. Supp. 2d 1333 (N.D. Ga. 2004). Secured grant of summary judgment to Plaintiff against parent of judgment debtor on basis that parent was legal successor to subsidiary.
- Exter Shipping v. Kilakos, et al. 310 F. Supp. 2d 1301 (N.D. Ga. 2004). Secured dismissal of international commercial fraud claims on basis of lack of personal jurisdiction and the doctrine of forum non conveniens.
Publications & Presentations
- American Bar Association’s RICO News - State RICO Claims Based On Federal Predicates May Be Removable To Federal Court Under Recent Eleventh Circuit Decision.
Professional History
- Senior Counsel, Locke Lord LLP
- Law Clerk, The Honorable Harold L. Murphy, United States District Court, Northern District of Georgia
- Legislative Assistant and Assistant Press Secretary, United States Senator Richard Bryan (D-Nev.)
Professional Affiliations & Achievements
- Named Georgia Super Lawyer by Atlanta magazine (2011-2013)
- Named a 2012 Top Rated Lawyer in Commercial Litigation by The American Lawyer and Corporate Counsel
- A.V. Peer Review Rating, Martindale-Hubbell
- Member, State Bar of Georgia
- Member, Business Court Committee
- Former Member, Committee on Judicial Procedures & Administration/Uniform Rules
- Member, Atlanta Bar Association
- Member, American Bar Association
Community Leadership
- Board of Directors, Atlanta Ballet
- Board of Directors, The Children’s School
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