Even for companies accustomed to civil lawsuits, when the government is on the other side of the “v,” the prospect of litigation can be intimidating and unfamiliar. In this issue of the Litigation Newsletter, we explore how to effectively to battle—and win—with a different species of plaintiff.

THE ART AND SCIENCE OF WINNING YOUR CASE

Litigating with the Government: A Different Kind of Plaintiff
By: Edward A. Marshall 

Effectively defending a client from an attack by the government requires an understanding of how the government’s priorities differ from those of a commercial litigant and then building your case around that understanding. This article explores those differences and how to find pressure points in government litigation. More >

False Claims Act Cases: With No End In Sight, Why You Should Consider Litigating And How To Maximize Your Litigation Advantages
By: Aaron M. Danzig and Sara M. Lord 

As the number of qui tam lawsuits and the government’s demands for damages have increased, it is time to recalibrate the risks and benefits of litigating, rather than settling, such cases. This article discusses a number of strategies and tactics for defendants to consider when litigating against the government in False Claims Act actions. More >

Reserve Funds and Restitution: Government Litigation in the Payments Space
By: Theresa Y. Kananen and Edward A. Marshall 

The FTC and the CFPB are becoming increasingly active in the payments space. Understanding the government’s theories, and where the pressure points are in its litigation strategy, helps to ensure a more favorable resolution—whether in or outside of the courtroom. More >

Defending a Data Breach Investigation by the Federal Trade Commission
By: Kevin Coy and Robert R. Belair 

As data breaches become increasingly common, so too do investigations by the Federal Trade Commission. This article outlines strategies for successfully navigating FTC inquiries and reaching favorable outcomes. More > 

AGG LITIGATORS IN THE TRENCHES

Trial Victory for the Atlanta Housing Authority

Faced with a breach of contract claim brought by a corporate property owner for unpaid rental payments, the Atlanta Housing Authority’s defense depended upon the complex interplay of federal regulations. Recognizing the precedential importance of the dispute, AGG attorney Henry Chalmers succeeded in bringing clarity to the regulatory landscape to obtain a trial win for the Authority. More >

Trial Defense Victory for First-Citizens Bank & Trust

When a borrower sued First-Citizens Bank & Trust Company for wrongful foreclosure, breach of contract, and fraud, AGG’s client had to overcome public bias against banks to successfully defend its conduct. At trial, AGG attorney Jim Gober was able to demonstrate that the bank proceeded in complete compliance with the law, securing not just a defensive win, but a $460,000 judgment on the bank’s counterclaims (including attorneys’ fees) against the plaintiff. More > 

Litigation Insights is published by Arnall Golden Gregory’s Litigation Practice Group. The information presented provides a general summary of recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice. For more information about the Litigation Practice Group, please contact Group Co-Chairs Henry R. Chalmers or Scott E. Taylor.
©2016. Arnall Golden Gregory LLP. All Rights Reserved.	Atlanta | Washington, DC

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