Jeffrey D. Horst

Jeff Horst is Krevolin & Horst's senior litigator.  Jeff is a Fellow in the American Academy of Trial Counsel.  Less than 1/2 of 1% of the lawyers in the United States are selected for this honor.  He was nominated by his peers and selected by Chambers USA: Leading Lawyers for Business  2008-2011 as one of the top business litigators in Atlanta.  Jeff is described as a "successful trial lawyer with a bright mind and independent style."  Also based on peer recommendations, Jeff has been selected multiple times by Georgia Trend Magazine's Legal Elite as one of Georgia's most effective lawyers.  Typically, 35-40 lawyers are so designated for business litigation out of 37,000 Georgia lawyers.  Jeff also has been selected every year since 2004 by Atlanta Magazine/Georgia Law & Politics/Super Lawyers as one of the top business litigators in Georgia. These awards represent an exceptional achievement for a lawyer from a small firm in Atlanta.

Jeff has handled a wide variety of business related disputes in the areas of appeals, business torts, contracts, corporate governance, covenants not to compete, employment, entertainment, franchise, insurance coverage, intellectual property, officer and director liability, professional liability, securities litigation, shareholder disputes, and trade secrets.

Jeff has tried cases in Alabama, Delaware, Florida, Georgia, and Texas, which have lasted from 2 days to 7 months. Jeff has been involved in a number of high profile matters that have been written about in the New York Times, Wall Street Journal, Atlanta Journal Constitution, Tampa Tribune, Raleigh News & Observer, National Law Journal, Fulton County Daily Report, the Atlanta Business Chronicle, and Gainesville Times (Georgia).  Jeff served as one of the principal trial counsel for the defense in Avnet, Inc. v. Wyle Labs., Inc. Avnet was seeking over $300 million in damages, and the case was tried for five months in Tampa, Florida. The jury reached a defense verdict which the National Law Journal selected as one of the top 10 defense verdicts.

Education:

• The Ohio State University College of Law, Columbus, Ohio, 1983, J.D.
• Honors: Recipient, Rebecca Topper Memorial Award, 1983, Ohio State Moot Court Distinguished Achievement Awards, (1981,1983)
• Law Journal: Ohio State Law Journal, 1982 - 1983
• Miami University, 1979, B.Ph.

Published Works:

• "The 10 Biggest Mistakes Physicians Make Regarding Intellectual Property", (Co-Author With David Sirna), 2005
• "Recent Georgia Supreme Court Decision Impacts Corporate Officers and Directors" (Co-Author), Legal Trends, February, 1995
• "Georgia Supreme Court Decision on Advancing Litigation Expenses to Corporate Directors Stirs Controversy", Legal Trends, February, 1995.

Classes and Seminars Taught:

• Speaker, Practical Litigation Issues for Closely Held Businesses, November 2007
• Speaker, The Privilege Against Self Incrimination in Civil RICO Cases, RICO Seminar, November 2005
• Lecturer, Georgia Trade Secrets Law, 1996, 2002
• Lecturer, Trial Practice, 1997, 2001
• Faculty, Emory Trial Techniques Program, 1993 to present

Admissions:

• Ohio, 1983
• Georgia, 1985
• U.S. District Court Northern District of Ohio, 1983
• U.S. District Court Northern District of Georgia, 1985
• U.S. Court of Appeals 3rd Circuit, 1985
• U.S. Court of Appeals 11th Circuit, 1989
• U.S. Court of Appeals 5th Circuit, 2006
• U.S. Court of Appeals 2nd Circuit, 2010
• Pro Hac Vice admissions in Alabama, California, Connecticut, Delaware, Florida, Kentucky, Nevada, New York, North Carolina, Pennsylvania, Tennessee, Texas and Virginia

Past Employment:

• Bondurant, Mixson & Elmore, LLP, Partner, 1992 – 1995

Professional Associations & Memberships:

• Atlanta Bar Association, Member
• Chair, Judicial Poll Committee, 2002-2003
• Litigation Section
• Chair, Courts Committee, 2001 - 2002
• Sole Practitioners/Small Firm Section
• Lawyers Club of Atlanta
• Chair, Rules, Practice and Judiciary Committee
• Membership Committee
• Bond Community Federal Credit Union
• Board of Directors

Areas of Practice:

• Appeals
• Business Torts
• Corporate Governance/Director and Officer Liability/Shareholder Disputes
• Commercial Litigation
• Complex Civil Litigation
• Corporate Internal Investigations
• Covenants Not to Compete
• Employment Law
• Franchise
• Insurance Disputes
• Intellectual Property and Trade Secrets
• Professional Liability
• Securities Litigation

Attorney News & Announcements:

• Krevolin & Horst Partners Named to Best Lawyers in America ® 2015
• Seven Krevolin & Horst Attorneys Recognized by Super Lawyers
• Two Krevolin & Horst Partners Recognized by Chambers USA
• Krevolin & Horst Attorney Selected as Best Commercial Litigation Lawyer
• Four Krevolin & Horst Attorneys Recognized as Top in Georgia
• Seven Krevolin & Horst Attorneys Recognized as Georgia’s Legal Elite
• Krevolin & Horst Attorneys Recognized as Leaders in Their Fields

Representative Cases:

• Oliver and derivative plaintiff AgGeorgia Farm Credit v. William Newberry and Alton Thornton (2009 jury verdict in favor of K&H's clients in a shareholder derivative case).
• http://www.gainesvilletimes.com/news/article/24697/
• Hansen & Hansen Enterprises, Inc. et al. v. SCSJ Enterprises, Inc. et al., 2009 WL 1980940 (Ga.App.) (reversing trial court’s vacatur of arbitration award in franchise dispute).
• M. Vincent Murphy III v. Robert A. McMaster, 2009 WL No. S09A0799 (affirming denial of preliminary injunction concerning control and management of apartment complexes).
• Professional Energy Management, Inc. v. Necaise, 2009 WL 3050598 (Ga.App. Sept. 25, 2009)(affirming partial dismissal of business tort claims).
• Ledford v. Smith, 274 Ga. App. 714, 618 S.E. 2d 627 (2005), (reconsideration denied), cert. denied, Ledford v. Smith, 2005 Ga. LEXIS 868 (Nov. 18, 2005) (summary judgment awarded in trial and appellate courts for officer and director defendants on multimillion dollar corporate governance claims.)
• Petroleum Logistics Corp. v. IBS Software, (2007 arbitration verdict in distributor termination case including a substantial attorneys fees award).
• Stewart v. Smith, 291 Ga. App. 86 (2008)(affirming dismissal of summary judgment in defamation and invasion of privacy suit arising from publication of libelous book).
• Huffman v. Armenia, 284 Ga. App. 822, 645 S.E.2d 23 (2007), cert denied sub nom., Wilkinson v. Huffman, 2007 Ga. LEXIS 554 (Ga. July 12, 2007) (the court of appeals affirmed the appointment of a receiver on an emergency basis on behalf of the minority shareholders and sanctions against two of the officer and director defendants and their lawyers).
• Mixon v. Perical Solutions LLC, (2007 arbitration verdict for a minority LLC member on corporate governance claims).
• TUG Liquidation, LLC v. Atwood, 2004 Bankr. LEXIS 2383 (Bankr. M.D.N.C. June 16, 2004) (Prosecution of corporate governance and business tort claims seeking $27+ million by software company and its largest creditor against officers and directors).
• Jimmy Smith Racing Tires, Inc. v. Ashleman, 2006 U.S. Dist. LEXIS 66964 (U.S.D.C. N.D. Ga. Sept.19, 2006).
• Chemence, Inc. v. MacDermid Printing Solutions, L.L.C., 2006 U.S. Dist. LEXIS 24346 (U.S.D.C. N.D. Ga. April 27, 2006).
• Avado Brands, Inc. v. KPMG LLP, 2006 U.S. Dist. LEXIS 96156, (U.S.D.C. N.D. Ga. March 3, 2006) (arbitration compelled in complex tax strategies case including claims of accounting malpractice and business torts).
• Keeter v. KPMG LLP, 2005 U.S. Dist. LEXIS 42767 (U.S.D.C. N.D. Ga. May 16, 2005) (arbitration compelled in complex tax strategies case).