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Alan E. Lubel is a trial lawyer practicing with Berman Fink Van Horn P.C. in Atlanta, Ga.
For more than 40 years, Mr. Lubel has devoted his practice to representing clients in litigation matters in state and federal courts throughout the country on the trial and appellate levels. The main focus of his experience has been on protecting companies and individuals from unfair competitive acts and defending against such claims. His experience in more than 100 trials and arbitration proceedings has involved a wide range of business disputes on behalf of companies and individuals, including: business torts, intellectual property, defamation, unfair competition claims, insurance coverage, ERISA, and health care.
A 1975 graduate of Emory University School of Law, Mr. Lubel has been an Adjunct Professor in the Litigation Program at Georgia State University College of Law and an instructor in the Emory University School of Law Trial Techniques Program. He is of counsel to Berman Fink Van Horn P.C. and serves as a Special Assistant Attorney General for the State of Georgia. Mr. Lubel is involved in various civic and charitable activities.
Representative clients include: Board of Regents of the University System of Georgia; University of Georgia College of Pharmacy; Medical College of Georgia; Georgia Department of Community Affairs; Oxford Industries, Inc., Shoney’s; Royal Capital Development; Centene Corporation; Peach State Health Plan; Pivotal Payments, Inc.; HealthInsurance.com, Inc. and The Goldstein Dental Center.
- Georgia (1975)
- Supreme Court of Georgia
- Federal Court of Appeals of Georgia
- Alabama (1975)
- Supreme Court of Alabama
- Supreme Court of the United States
- Eleventh Circuit U.S. Court of Appeals
- Third Circuit U.S. Court of Appeals
- Sixth Circuit Court of Appeals
- United States District Court, Northern District of Georgia
- United States District Court, Northern District of Alabama
- B.A., Vanderbilt University, cum laude, 1971
- J.D., Emory University School of Law (Order of the Coif; Book Review Editor, Emory Law Journal), 1975
- Atlanta Bar Association
- Lamar Inn of Court
- State Bar of Georgia
- State Bar of Alabama
- Georgia (1975)
- Since 2006, Alan has been selected as a Georgia “Super Lawyer” by Law & Politics and Atlanta Magazine for Business Litigation
- Since 2011, selected as one of Georgia’s “Legal Elite” by Georgia Trend Magazine
- Selected for the Super Lawyers Business Edition for his work in Litigation (2012-2013).
- Lamar American Inn of Court
News & Insights
employee benefit plan
State Law Claims Against Beneficiaries Not Barred by ERISA Preemption
recovering loss of value to repaired property
Insurance Recovery of Post Repair Diminution in Value to Real Property
The Implied Duty of Good Faith and Fair Dealing in Franchise Relationships
- “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.
- Served as the lead trial in each of the following cases:
- Lead counsel for clothing manufacturer in copyright claim against Amazon.com. U.S. District Court for the Northern District of Georgia. 2019
- Successful corporate dissolution action in dispute among business owners. Superior Court of Fulton County, Georgia. 2018
- Successful defense of property owners on claims for damages by contractor. Superior Court of Gwinnett County, Georgia. 2018
- Successful litigation and settlement of fire damage claim for commercial art dealer. U.S. District Court for the Northern District of Georgia. 2017
- Represented Estate in ERISA and unjust enrichment action against Plan Sponsor and beneficiaries. U.S. District Court for the Northern District of Georgia. 2016
- Successful defense of tortious interference and defamation claims against employer by former employee. Superior Court of Glynn County, Georgia. 2015
- Served as the lead trial lawyer for the insured Plaintiff in the landmark case of Royal Capital Development, LLC v. Maryland Casualty Company, 2012 decided by the Supreme Court of Georgia (on a certified question from the U.S. Court of Appeals for the 11th Circuit) finding coverage for post repair diminution in value under a commercial property insurance policy.
- Successful defense of State University in copyright infringement action. U.S. District Court for the Middle District of Georgia.
- Successful settlement of EEOC age discrimination claim for employee. 2011
- Successful settlement of Interstate Land Sales Full Disclosure Act claim for property owner. 2011.
- Obtained dismissal of action against credit card processing company under Merchant Processing Agreement. 2010.
- Obtained preliminary injunction prohibiting physician from violating terms of non-competition agreement. 2009-2010.
- Obtained dismissal of tortious interference action against education services company. 2008.
- Successful defense of lottery industry company in dispute with former officers and employees. 2007-2008.
- Successful defense of high tech company in breach of contract and misappropriation of trade secret claims. 2007-2008.
- Obtained judgment in favor of State university in defense of breach of contract and tort claims relating to patentability of plant.
- Obtained injunction on behalf of the Georgia Department of Education in dispute with cybersquatter over internet Web site domain names. 2006.
- Obtained injunction enforcing noncompetition and nondisclosure provisions in employment agreement against former employee of our client involved in the telecommunications industry. 2006.
- Successful trial in defense of a claim of easement over property in Atlanta commercial district. 2005.
- Successful defense of claim of misappropriation of proprietary information. 2003.
- Successful defense of antitrust and related state law claims. 2001-2005.
- Obtained favorable summary judgment ruling in ERISA interpleader and defendant class action involving over 50,000 class members. 1996-present.
- Successful jury trial in defense of claim for ownership interest in company. Affirmed at 250 Ga. App. 228. 2000-2001.
- Successful action for recovery of over nine million dollars in damages for breach of wholesale electric supply option contract. 1998-1999.
- Arbitration trial before NASD panel. Obtained award of over $100,000 for client. 1999.
- Successful injunction action to enforce restrictive covenants against former partners. 1995-1998.
- Obtained a jury verdict finding age discrimination and court judgment of sex discrimination in termination of employment. 1995-1997.
- Successful trial in defense of class action lawsuit involving employees’ claims to $10 million in surplus assets in a pension fund. 1993.
- Successful trial in defense of claims of tortious interference and Lanham Act claim. 1991 to 1994.
- Obtained a $1.2 million judgment in this case involving the healthcare industry. 1986-1993
- Injunction against enforcement action by State Banking Commissioner. 1993.
- Jury trial of federal antitrust and common law claims arising out of group boycott and attempt to exclude physician from practice at hospital. 1990-1991.
- Obtained a jury verdict in favor of our client against breach of contract claims.
- 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. 1987.
- Successful defense of tortious interference claims. 1982.
- Successful defense of first amendment claims. 1980.
- “Insurance Recovery of Post Repair Diminution in Value to Real Property,” BFV E-News, April 2013
- New Jewish Ethics Series Offers CLE Credits for Lawyers (August 2012)
- “The Implied Duty of Good Faith and Fair Dealing in Franchise Relationships,” (Winter 2011)
- 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)