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Chuck Van Horn resolves business disputes. A shareholder at Berman Fink Van Horn, Chuck’s areas of concentration include business and commercial litigation.
With an emphasis in litigation arising out of real estate transactions, Chuck represents financial institutions, mortgage companies, loan default services, title companies, attorneys and other real estate professionals, including brokers, appraisers, builders, developers and contractors, representing both plaintiffs and defendants in disputes involving construction defects.
He counsels clients on all types of disputes, including loan enforcement, data breach and cyber-related issues, foreclosure claims and related litigation, title issues, contract disputes, business torts, unfair competition claims, malpractice allegations and partnership, shareholder and other internal corporate disputes and breach of fiduciary duty and/or duty of loyalty. He also handles claims for unpaid real estate commissions and represents real estate professionals before administrative agencies such as the Georgia Real Estate Commission and local Boards of Realtors.
Chuck handles a significant number of cases involving fraudulent conveyance/voidable transfer claims and has tried such claims to jury verdict.
A frequent lecturer on trends in the real estate industry, Chuck conducts numerous seminars on lender litigation matters, foreclosure issues, fraudulent conveyance claims and how to identify mortgage fraud. In addition, he presents to real estate broker and other professional organizations to provide practical tips on malpractice prevention and other emerging issues in the real estate industry.
Chuck is a graduate of the Emory University School of Law. He received his Bachelor of Arts from Villanova University.
A track and cross-country runner in college, Chuck continues to support the sport as co-founder of the DeKalb Trailblazers, a youth running club designed to encourage members to enjoy the sport of cross-country. He also serves as a coach at a local high school. In his spare time, Chuck enjoys spending time with his wife and three daughters. He is an avid baseball fan and remains an active runner.
- Georgia (1994)
- Supreme Court of Georgia
- Court of Appeals of Georgia
- Eleventh Circuit Court of Appeals
- Sixth Circuit Court of Appeals
- United States District Court, Northern District of Georgia
- United States District Court, Middle District of Georgia
- United States District Court, District of Colorado
- B.A., Villanova University, cum laude, 1991
- J.D., Emory University School of Law, 1994
- State Bar of Georgia
- Real Property Section
- General Practice & Trial Section
- Tort and Insurance Practice Section
- Atlanta Bar Association
- Lifetime Fellow, Atlanta Bar Foundation
- Real Estate Section
- Board of Directors: (2006-2007; 2013-2020)
- Chair (2012-2013)
- Secretary (2008-2012)
- Treasurer (2007-2008)
- Judicial Selection & Tenure Committee
- Litigation Section
- Board of Directors (2002-2006)
- Co-Chair, “We Can Work it Out” Seminar (2003-2005)
- Community Bankers Association of Georgia
- Federal Bar Association
- Lawyers Club of Atlanta
- Georgia (1994)
- Named 2022 “Lawyer of the Year” for Litigation – Real Estate in The Best Lawyers in America©
- Selected to The Best Lawyers in America – Commercial Litigation, 2014 – present
- Top 100 Super Lawyer in Georgia, 2013 – present
- Georgia Super Lawyer 2009 – present, 2005
- Super Lawyers Business Edition (Litigation) 2012 – present
- Martindale-Hubbell AV Preeminent rating for legal ability and ethical standards
- Georgia’s Legal Elite by Georgia Trend magazine 2012
News & Insights
Paycheck Protection Program
Paycheck Protection Program Application Filed & Approved: What’s Next?
Business Owners: Help is Coming! COVID-19 Legislation Provides Relief Funding
Georgia Voidable Transactions Act
Fraudulent Conveyance: “Show me the (Hidden) Money”
purchaser’s due diligence obligation
Do Due Diligence, or Risk Demolition
rescinding and terminating
Seller Misrepresentation in Real Estate? Use Rescission with Precision
Contracts: Say What You Mean, and Mean What You Say
- On June 15, 2022, Chuck presented during a National Business Institute seminar, “Georgia Civil Practice, Procedure, and Forms.”
- In October 2021, Chuck hosted and moderated a discussion with Gregg Simon of Metro Atlanta Chamber, “Doing Business in Metro Atlanta: Top Business Trends and Outlook.
- In March 2019, Chuck was a featured speaker at the Atlanta Bar Association’s Real Estate Law Section Breakfast. Chuck discussed “Real Estate Jeopardy and Top 5 Mistakes you Might be Making as a Real Estate Practitioner.”
- In January 2019, Chuck co-presented to Fulton County State and Superior Court Judges and Staff Attorneys on voidable/fraudulent transfers. This presentation was part of a seminar/CLE series hosted by the Fulton County Business Court.
- In October 2018, Chuck presented at a National Business Institute (NBI) video webcast, “Civil Trial Made Simple.” He discussed the elements of successful opening statements, direct examination essentials and basic cross-examinations tools.
- In October 2017, Chuck presented at a National Business Institute (NBI) video webcast, “Key Cross-Examination Tactics Every Lawyer Must Know.” Chuck discussed rules, research and preparing for the cross-exam.
- In May 2017, Chuck was a featured speaker in a National Business Institute (NBI) video webcast, “Building your Pre-Trial Civil Litigation Skills.”
- In April 2017, Chuck participated in a National Business Institute (NBI) seminar, “The Rules of Evidence: A Practical Toolkit (A real-world application of evidence to courtroom events).” Chuck addressed how to keep evidence out (pre and post trial) and the admission/exclusion of unique evidence.
- In November 2016, Chuck spoke about “Fraudulent Conveyances” at a statewide seminar organized by the Real Property Section of the Georgia Bar Association.
- In February 2016, Chuck presented at an Atlanta Bar Association panel, “Top 10 Tips for an Effective Trial.”
- In December 2015, Chuck spoke on an Atlanta Bar Association panel, “Real Estate Litigation Issues.”
- In August 2015, Chuck presented “Turning Bad Debt Into Meaningful Recovery” at the Community Bankers Association of Georgia headquarters in Atlanta.
- In January 2015, Chuck presented “Real Estate Litigation: The Dirt on Litigating a Real Estate Claim” to members of the Atlanta Bar Association.
- In December 2014, Chuck presented “Real Estate Litigation in Georgia” to attendees at the National Business Institute.
- In February 2014, Chuck was a featured speaker on the use of receiverships in litigation.
- In November 2013, Chuck spoke on effective closing argument strategies in jury trials for presentation by the ACYL.
- In November 2013, Chuck was a featured panelist at the State Bar of Georgia “Real Property Foreclosure” seminar.
- In 2012, Chuck spoke on the effective use of mediation strategy in real estate disputes for a presentation by the Atlanta Bar Association.
- On September 1, 2011, Chuck presented “Catch Me If You Can,” a seminar on fraudulent conveyance actions, before the Atlanta Bar Real Estate Section.
- On March 3, 2011, Chuck spoke on Foreclosure Litigation and Confirmation Hearings before the Atlanta Bar Real Estate Section.
- Since 2009, Chuck has served on the faculty of Real Property Foreclosures, a seminar sponsored by I.C.L.E. and organized by the Georgia State Bar Real Property Section.
- Successfully defended financial institution in arbitration against alleged violations of Truth in Lending Act, Equal Credit Opportunity Act and Fair Housing Act/Obtained a summary judgment, eliminating expense and risk of full evidentiary hearing.
- Served as co-lead counsel for a class of financial institutions lawsuit against Sonic Corp. to recoup losses from a data breach, which included a $5.7 million settlement for the financial institutions (Sonic Corp. Customer Data Security Breach, 17-md-02807 (N.D. Ohio).
- Successfully defended bank against lender liability claims by former customer and borrower relating to foreclosure of commercial property.
- Defended financial institution in putative class action alleging improper overdraft fees.
- Obtained summary judgment in fraudulent conveyance lawsuit and successfully set aside transfer of luxury home, luxury car and money transfers.
- Litigated breach of office lease at headquarters for financial institution against landlord.
- Counsel on behalf of financial institutions and its trade associations in data breach class actions against Home Depot (filed in Georgia), Wendy’s (filed in Pennsylvania) and Noodles (filed in Colorado).
- Successfully litigated claims on behalf of credit union against national banks over breach of provisions under UCC. Through resolution, all funds lost by credit union were recovered.
- Successfully resolved claims of departing shareholder from Atlanta-based law firm.
- Successfully litigated claims on behalf of distributor against importer of custom wheels for defective merchandise. Distributor recovered all sums owed against importer.
- Successfully litigated claims on behalf of developer of mixed use project relating to management fees, property rights and easement rights in large in-town project.
- Obtained judgment for $2,850,000 after week-long jury trial for lender in case against borrower and related businesses.
- Trial court award of commissions to commercial real estate broker affirmed on appeal.
- Obtained six figure settlement in fraudulent conveyance action in action to set aside multiple transfers of real estate, luxury cars, and other assets.
- Successfully defended law firm and title agency in claims by national lender for misconduct.
- In March 2011, successfully defended developer in foreclosure confirmation hearing against national lender, defeating claims of several hundred thousand dollars.
- Obtained dismissal on statute of limitations grounds of premises liability claims arising from shooting at a hotel.
- Obtained favorable settlement of federal lawsuit alleging Fair Housing Act discrimination against extended-stay hotel.
- Obtained dismissal on jurisdictional grounds of federal copyright infringement action brought by copyright troll against website owner who was alleged to have improperly replicated a news-related image from the Denver Post’s website.
- In January 2010, obtained $1,000,000 settlement for family in wrongful death action against trucking company.
- In January 2010, obtained jury verdict of $480,000, including punitive damages, in claims for fraud in real estate investment.
- In November 2009, obtained jury verdict in excess of $550,000 in fraudulent conveyance lawsuit against son, father and companies they controlled.
- Successfully defended claims against real estate broker and developer brought by potential buyer of land; later defended all decisions on appeal.
- Obtained six figure settlement in arbitration against builder for construction defects.
- Obtained dismissal for national default servicer in lawsuit challenging legality of foreclosure.
- In December 2008, obtained jury verdict of over $1,000,000 for developer against general contractor and others for defective construction of townhomes.
- Successfully defended real estate broker against claims of concealment and misrepresentation; decision affirmed on appeal.
- Obtained summary judgment for real estate broker against claims of concealment and misrepresentation; decision affirmed on appeal.
- Sonic’s $5.7M Data Breach Deal With Banks Gets Final Nod (Law360, October 2022)
- Judge Signals Approval For Sonic’s Data Breach Settlement (Law360, October 2022)
- Sonic Signs $5.7M Deal with Banks To Settle Data Breach Suit (Law360, May 2022)
- FCC Update: New Rules for Businesses that Contact Customers via Phone and Text Message, BFV E-News, July/August 2015
- Rules and Regulations: Are They Becoming Irrelevant in Georgia Courts?, BFV E-News, October 2012
- Villanova University
- Alumni Recruitment Network Coordinator (1998-present)
- Alumni Association: Board Member, Atlanta Chapter (1998-present)
- Emory University School of Law
- Adjunct Professor (1998-2002)
- Alumni Association, Class Agent (2002-2004)
- Advisor: Real Estate Council
- Briarlake Elementary School
- Founder, Annual 5K & Fun Run, attracting several hundred participants (2009 – present)
- DeKalb Trailblazers XC
- Co-Founder, Cross-country running club for elementary and middle school students in DeKalb County (2014 – present)
- Briarlake Forest
- Executive Committee Member for group that saved 22 acre in-town tract from development. Responsible to management of land as green space.
- St. Thomas More Society, Member
- Villanova University