Alan E. Lubel is Of Counsel in the firm. Alan’s practice has been devoted to representing clients in litigation matters in state and federal court throughout the country both on the trial and appellate levels.

The main focus of his experience has been on protecting companies from unfair competitive acts and defending against such claims. The subject matter of his practice has ranged from civil litigation involving various business torts and contract claims, trade secrets and intellectual property claims, antitrust, patents, defamation actions, employment, ERISA claims to healthcare and equitable claims.

Served as lead trial counsel in each of the following cases:

Successful defense of State university in copyright infringement action. U.S. District Court for the Middle District of Georgia.
2008 U.S. Dist. LEXIS 32116.

Obtained dismissal of tortious interference action against education services company. State Court of Fulton County, Georgia. 2008.

Successful defense of lottery industry company in dispute with former officers and employees. Superior Court of Forsyth County, Georgia. 2007-2008.

Successful defense of high tech company in breach of contract and misappropriation of trade secret claims. U.S. District Court for the District of Massachusetts, U.S. District Court for the District of New Jersey, 2007-2008.

Obtained judgment in favor of State university in defense of breach of contract and tort claims relating to patentability of plant. Superior Court of Oconee County, Georgia, 2006, and 271 Ga. App. 169 (2004).

Obtained injunction on behalf of the Georgia Department of Education in dispute with cybersquatter over internet Web site domain names. Georgia Superior Court, Fulton County, 2006.

Obtained injunction enforcing noncompetition and nondisclosure provisions in employment agreement against former employee of our client involved in the telecommunications industry. Georgia Superior Court Fulton County, 2006.

Successful trial in defense of a claim of easement over property in Atlanta commercial district. Georgia Superior Court Fulton County, 2005.

Matria Healthcare, Inc. and Stephen B. Whiting, v. CorSolutions Medical, Inc., Superior Court of Cobb County Georgia (2003) – Successful defense of claim of misappropriation of proprietary information.

Universal Lighting & Energy Services, Inc. v. Southern Company, et al., U.S. District Court for the Northern District of Georgia, (2001-2005) – Successful defense of antitrust and related state law claims.

HealthTrust, Inc. – The Hospital Company, et al. v. Thomas G. Usher, et al., U.S. District Court for the Middle District of Tennessee (1996-present) – Obtained favorable summary judgment ruling in ERISA interpleader and defendant class action involving over 50,000 class members.

Williamson v. Yan Yang and Enzymatic Deinking Technologies, Superior Court of Gwinnett County, Georgia (2000). Successful jury trial in defense of claim for ownership interest in company. Affirmed at 250 Ga. App. 228 (2001).

Southern Company Energy Marketing L.P. v. City of Springfield, Illinois, U.S. District Court for the Northern District of Georgia (1998-1999). Successful action for recovery of over nine million dollars in damages for breach of wholesale electric supply option contract.

Black Warrior Wireline Corporation v. Southwick Investments, Inc. (1999). Arbitration trial before NASD panel. Obtained award of over $100,000 for client.

BDO Seidman v. Davis, et al., Superior Court of Fulton County, Georgia (1995-1998) – Successful injunction action to enforce restrictive covenants against former partners.

Bonnie Carter v. Bell Atlantic Business Systems, Inc., U.S. District Court for the Northern District of Georgia (1995-1997) – Obtained a jury verdict for Mrs. Carter finding age discrimination and court judgment of sex discrimination in termination of her employment. Affirmed at 122 F.3d 997 (11th Cir. 1997).

International Union of Electrical Workers v. Murata, U.S. District Court for the Western District of Pennsylvania (1993) – Successful trial in defense of class action lawsuit involving employees’ claims to $10 million in surplus assets in a pension fund. Affirmed at 46 F.3d 1117 (3rd Cir. 1994).

Environmental Research Institute of Michigan v. Electro Systems International and Science Applications International Corp., U.S. District Court for the Northern District of Georgia (1991 to 1994) – Successful trial in defense of claims of tortious interference and Lanham Act claim.
Gary M. Bremer and Lake City Nursing Home, Inc. v. Robert H. Hipple and Carehaven Homes, Inc., U.S. District Court for the Northern District of Georgia (1986-1993) – Obtained a $1.2 million judgment in this case involving the healthcare industry. Affirmed at 13 F.3d 409 (11th Cir. 1994).

Floyd v. Title Exchange, Circuit Court of Calhoun County, Alabama (1993). Injunction against enforcement action by State Banking Commissioner. Affirmed at 620 SO.2d 576 (1993).

Leon F. Smith, M.D. v. Edward R. Teitel, M.D., et al., U.S. District Court for the Middle District of Alabama, Civil Action No. 90-5-0338-5 (1990-1991) – Jury trial of federal antitrust and common law claims arising out of group boycott and attempt to exclude physician from practice at hospital.

Nix & Miller v. Southern Electric International, Superior Court of DeKalb County (1989) – Obtained a jury verdict in favor of our client, SEI, against breach of contract claims.

Sara Englade v. State of Georgia, Superior Court of Fulton County, Georgia (1987) – Obtained a jury verdict for the plaintiff in her wrongful discharge action against the State of Georgia involving claims for as much as $1 million in pension benefits.

Local 472 v. Georgia Power Co., et al., 684 F.2d 721 (5th Cir. 1982) (Successful defense of tortious interference claims).

Beluso v. Turner Communications Corp., 633 F.2d 393 (5th Cir. 1980) (Successful defense of first amendment claims).

Education

B.A., Vanderbilt University, cum laude, 1971

J.D., Emory University with distinction, Order of the Coif Book Review Editor, Emory Law Journal, 1975

Bar Admissions

Georgia, 1975
-Supreme Court of Georgia
-Court of Appeals of Georgia
Federal
-Supreme Court of the United States
-Eleventh Circuit Court of Appeals
-Third Circuit Court of Appeals
-Sixth Circuit Court of Appeals
-US District Courts
Northern District of Georgia
Northern District of Alabama
Alabama, 1975
-Supreme Court of Alabama

Professional Memberships

Partner, Troutman Sanders, 1981–2009
Adjunct Professor of Law (Litigation)
Georgia State University College of Law, 1988-2003
Instructor, Emory University College of Law
Trial Techniques Program
Arbitrator, Fulton County Superior Court
Arbitration Program
Trained Mediator

Articles and Publications

Advisory on Supreme Court’s Decision in Ashcroft v. Iqbal
(June 2009)

Co-Author with Jeffrey Morgan, Fighting “Cybersmears’: How to Protect Your Company Against Anonymous Internet Postings,” Atlantic Coast In-House, July 2004.

“Practical Aspects of Computer Software Litigation,” The Atlanta Lawyer, p. 24, Spring 1984

“Regulation of Advertising by Lawyers in Georgia,” 18 Georgia State Bar Journal 6, August 1981

Book review of “Congressional Ethics: The View From The House,” 25 Emory Law Journal 117, Winter 1976

Casenote “Unequal Financing of Public Schools Through The Use of Local Property Taxes,” 23 Emory Law Journal 221 (1974)

Presentations and Speaking Engagements

“Unique Problems in Trade Secret Litigation, Remedies and Procedural Strategies: Keeping a Level Playing Field,” for the 2003 Trade Secrets Seminar sponsored by Law Seminars International.

“Recent Developments in Business Torts Litigation,” for 2002 Business Litigation Seminar sponsored by Sterling Education Services, LLC.

“Non-disclosure and Non-competition Agreements in Employment Contracts and Business Transactions – Protecting Trade Secrets and Other Confidential Business Information. Tech Companies: An Overview of Tax and Accounting Issues,” presented to The Georgia Association of CPA’s Seminar, October 27, 2000.

“Trade Secrets and Non-Competition Agreements,” for the 1998 Business Torts Seminar sponsored by the ABA Section of Litigation.

Honors

Alan has been selected as a Georgia “Super Lawyer” in 2006, 2007, 2008 and 2009 by Law & Politics and Atlanta Magazine for Business Litigation

Lamar Inn of Court