Contact Info
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Phone: 404.504.7755
Fax: 404.365.9532
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Donald A. Loft is a partner in the Litigation Practice. He also is a leader of the litigation legal project management team. Mr. Loft’s practice has been devoted almost exclusively to civil litigation. He has extensive lead counsel trial experience and has tried significant cases in state and federal courts throughout Georgia and in other states, both in urban and rural areas.
Mr. Loft focuses on corporate-related litigation including securities fraud (individual and class actions), derivative and direct shareholder litigation against officers and directors for breach of fiduciary duties, conflicts of interest, usurpation of corporate opportunities, breaches of contract, post-acquisition disputes, and business torts. He also has considerable experience in the area of product liability and toxic tort litigation.
Mr. Loft is highly experienced in multiple plaintiff and class action litigation. He represents a number of publicly held and large privately held companies and has served as general outside litigation counsel for several of them. Mr. Loft has handled litigation matters for such clients as HBO & Company, Georgia-Pacific, General Electric, Louisiana-Pacific Corp., Simon Property Group, Wachovia Bank, and Snapper Garden Equipment. He has handled many high-profile matters of significant dollar value. His organizational skills, attention to detail, and ability to make complex and controversial cases understandable to juries have given him a loyal following of substantial clients for whom he renders litigation services.
Mr. Loft has been honored by Atlanta magazine as a “Georgia Super Lawyer” in 2004, 2005 and 2006, placing him among the top five percent of attorneys in the state.
Recent Experience
- Represented one of the world’s leading international financial services companies in a securities fraud case brought against a premier Wall Street investment bank arising from its promotion of debt securities issued by an Australian gold mining company that went bankrupt. Case settled favorably on the eve of trial.
- Defended a public healthcare software company in a federal securities fraud class action alleging various accounting violations and misstatements of earnings. Obtained summary judgment in favor of client on all counts, which was upheld by the United States Court of Appeals for the Eleventh Circuit.
- In a three-month jury trial in federal court, obtained a jury verdict in excess of $5 million in actual damages plus a bad faith penalty in favor of an international agricultural commodity trading company against its insurance carriers for damage to stored goods.
- Obtained a jury verdict in federal court for full compensatory damages, attorneys fees, and $5 million in punitive damages on behalf of a chemical company against a major risk management company on breach of contract and conversion claims.
- Led an internal investigation into allegations of channel stuffing and malfeasance by senior management at a public company. Gathered and reviewed documents, interviewed numerous witnesses, and prepared a written report to the audit committee. No action taken by regulators.
- Represented a bankrupt international consumer product company and its unsecured creditors against former officers, directors, and shareholders who siphoned off company assets in a recapitalization transaction which left the company insolvent. Asserted claims for breach of Delaware stock redemption rules and fraudulent conveyance resulting in a multimillion dollar settlement. When Defendants attempted to renege on settlement agreement, brought successful enforcement proceeding against them and recovered all attorneys’ fees and expenses for that proceeding.
- Obtained summary judgment in favor of a publicly held chemical company in a corporate defamation case brought against it by the supplier of a large industrial boiler system that did not meet performance specifications. The judgment was affirmed on appeal. Subsequently recovered a large portion of defense costs from the plaintiff.
- Defended the largest U.S. appliance manufacturer in a wrongful death case arising from an apartment complex fire which allegedly started in an appliance. Case resolved on favorable terms.
- Obtained summary judgment for an investment banking firm against claims of fraud and breach of fiduciary duties filed by fifty foreign investors who purchased floorless convertible securities of public U.S. companies.
- Obtained a jury verdict for a nationally known lawn and garden equipment manufacturer in a federal case filed against parts supplier for breach of contract and conversion.
- Represented a banking software company in a suit filed by dissident shareholders seeking to enjoin the closing of the sale of the company. Defeated the request for the injunction and the transaction closed on schedule.
- Crafted and pursued defamation counterclaim on behalf of a technology company against a Fortune 100 company that had sued to stop the $3 billion acquisition of our client. The plaintiff mistakenly believed it could republish the allegations in its lawsuit over the Internet and through other media with impunity. The plaintiff’s motion to dismiss the counterclaim was denied. Case later settled.
- Represented one of the world’s leading developers and owners of shopping malls in a dispute over one of the largest tracts of undeveloped land within ten miles of downtown Atlanta. Obtained summary judgment on a dozen contract and tort claims in case that ultimately went to the Georgia Supreme Court.
- Represented one of the largest U.S. investment banking firms in a case brought by Trustee of bankrupt public company arising out of its acquisition of another public company wherein our client rendered the Fairness Opinion. Obtained dismissal of the case under Federal Rule 12(b)(6) against preeminent plaintiff’s securities litigation firm seeking $30 million in damages.
- Have represented numerous technology companies in cases involving alleged theft of trade secrets, violations of restrictive covenants, post-acquisition disputes, and a wide variety of breach of contract matters.
Honors and Affiliations
Member, State Bar of Georgia, Corporate Counsel and General Practice & Trial Sections
Past Member, Board of Governors of Reynolds Plantation
Past Member, State Bar of Georgia Legislative Liaison Committee, New Superior Court Judgeships
Past Member, Committee on Professionalism
Speaking Engagements
Articles