Morris Manning & Martin, LLP

David Rabin

David A. Rabin

Partner, Retired

David A. Rabin was a Partner in the Litigation Practice. Throughout his career, Mr. Rabin’s practice has been devoted to business litigation. He has handled a wide variety of business-related lawsuits, arbitrations, and mediations in Georgia and many other jurisdictions across the country.

Mr. Rabin’s practice includes corporate litigation and intellectual property litigation, including cases involving corporate fraud, trade secrets misappropriation, patent, copyright and trademark infringement, software performance disputes, and employee restrictive covenants. He also handles a wide variety of other types of business litigation, including product liability litigation, real estate litigation, and contract litigation. He is part of the firm’s class action litigation team and often is called upon to represent clients in complex litigation requiring the ability to deal with thousands of documents, numerous witnesses, and complex factual and legal issues. Mr. Rabin is also part of the firm’s special investigations group, where he uses investigative skills honed in litigation to assist companies in thoroughly investigating allegations of internal wrongdoing. His clients have ranged from individuals to startup ventures to publicly traded Fortune 500 companies.

Mr. Rabin was one of the principal draftsmen of the Georgia Electronic Records and Signatures Act and served on the Georgia Legislature’s Electronic Commerce Study Committee. He has spoken widely on the topic of electronic signature legislation.

Representative Experience

  • Senior Housing Alternatives, Inc. v. Bernard Global Loan Investors, Ltd., 2011 Tenn. App. LEXIS 346 (Tenn. App. 2011).  (Obtained order dissolving preliminary injunction and dismissing case; affirmed on appeal following oral argument in the Tennessee Court of Appeals.)
  • McKesson Corp. v. Green, 299 Ga. App. 91 (2009)  (Lead counsel in the appeal of the trial court's order and conducted oral argument before the Georgia Court of Appeals. The Court of Appeals held that the firm's client, the defendant, was entitled to summary judgment in this multi-million dollar fraud case.)
  • L.B. Plastics, Inc. v. Amerimax Home Products, Inc., 431 F.Supp.2d 578 (W.D.N.C. 2006), affirmed, L.B. Plastics, Inc. v. Amerimax Home Products, Inc., 499 F.3d 1303 (Fed. Cir. 2007). (Lead counsel representing the defendant in a patent infringement case, obtaining a summary judgment of non-infringement in the trial court; affirmed on appeal in the Federal Circuit following oral argument.)
  • 1mage Software, Inc. v. The Reynolds & Reynolds Co., 459 F.3d 1044 (10th Cir. 2006). (Lead counsel representing the respondent in a copyright infringement arbitration involving document imaging software, obtaining an award finding the firm’s client not liable and awarding the client substantial damages against the claimant; these awards were confirmed by the district court and upheld on appeal following oral argument in the Tenth Circuit.)
  • Kitzes v. Home Depot USA, Inc., 872 N.E.2d 53 (Ill. App. 2007). (Part of the team that conducted the successful defense of the attempted certification of a 40-state national class action alleging consumer fraud; case subsequently dismissed with prejudice.)

Accolades

  • Listed as one of Georgia’s “Super Lawyers” by Atlanta magazine, 2004-2007, 2011-2013
  • Named as one of the state’s “Legal Elite”  by Georgia Trend  magazine, 2004
  • Member, State Bar of Georgia (Intellectual Property, Technology, and General Practice and Trial Sections)
  • Commercial Panel, National Roster of Neutrals, American Arbitration Association
  • Member, Atlanta Bar Association