Ronald T. Coleman, Jr.

Ronald T. Coleman, Jr.

Partner | Atlanta Office
rcoleman@phrd.com
T: (404) 420-1144
F: (678) 533-7738
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Practice Group

Services

Education

  • Duke University School of Law - (J.D., with honors, 1986)
  • Duke University - (A.B., cum laude, 1983)

Admitted to Practice

  • Georgia

About Ron

Ron is a trial lawyer who focuses his practice on complex business litigation, intellectual property disputes, and franchise and distribution litigation. He also regularly represents clients in a variety of commercial and business tort cases, product liability litigation, as well as federal and state appellate litigation.

Ron's intellectual property litigation experience includes having represented manufacturers, technology companies, consumer products companies, franchisors, entertainment companies and other clients in a variety of trademark, copyright, trade secret and patent infringement cases. He has also represented such clients in complex business tort, antitrust, and unfair competition litigation. He regularly represents national franchisors in a wide variety of matters, including cases involving breach of franchise agreements, good faith and fair dealing, fraud, RICO and antitrust violations, and competition between franchise systems. For the past several years, Ron has served as national coordinating counsel for a manufacturer defending multi-state, mass tort product liability litigation. Ron has handled appellate matters before the United States Supreme Court, various federal courts of appeal, and Georgia.

In addition, Ron frequently represents clients as an advocate in various ADR processes, including arbitrations, mediations, and mini-trials. Ron also has served as a mediator in several business and intellectual property cases, and he is currently serving as an arbitrator in a complex AAA commercial arbitration.

Ron currently serves as head of the Firm's Litigation Practice Group.

Professional and Civic Involvement

  • American Bar Association, Section of Litigation and Section of Intellectual Property Law; Forum Committee on Franchising
  • Steering Committee of Litigation and Dispute Resolution Division, ABA Forum on Franchising (2000--2003)
  • Topic and Article Editor, ABA Franchise Law Journal (2004--present)

Honors

  • Law Clerk to the Honorable James C. Hill, United States Court of Appeals for the Eleventh Circuit, 1986-1987
  • Georgia "Super Lawyer," Business Litigation, by Law & Politics Media (2004--present)
  • Recognized as a leading Franchise Law practitioner by The Best Lawyers in America (2006--present)
  • The International Who's Who of Business Lawyers, Franchise Law (2004--present)
  • Top 100 "Legal Eagles" by Franchise Times Magazine (2004)
  • "Georgia's Legal Elite," Intellectual Property Law, by Georgia Trend Magazine (2004)
  • Charter Fellow, Litigation Counsel of America
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Representative Engagements

  • Acuity Brands, Inc. v. Thomas & Betts Corp. (N.D.Ga.). Lead counsel for Acuity in breach of contract and fraud case arising from asset purchase agreement for outdoor lighting business. After three-week trial, judge ruled from the bench in Acuity's favor on its breach of contract claims. Case settled favorably for Acuity during post-trial briefing on remaining claims.
  • Federal Signal Firefighter Litigation (State courts in Ill., N.Y., N.J., Md.). National coordinating counsel for defense of mass tort product liability claims by more than 2,000 firefighters from multiple states alleging that they suffered permanent hearing loss due to Federal Signal's sirens. Coordinated strategy, discovery and trial preparation that resulted in complete defense verdict in bellwether trial of first 27 plaintiffs in Chicago. Also won motion to dismiss New York action.
  • Exeon, Inc. v. Superior Essex, Inc. (N.Y. state court). Represented Superior Essex as defendant and counter-claimant in complex multi-venue dispute over right under agreement for sale of business assets to proceeds of antitrust settlement resulting from claims pending at time of asset sale. Obtained $19.5 million settlement for client.
  • DFW Airport v. Federal APD, Inc. (N.D. Tex.). Advised and later represented Federal APD in major commercial and construction dispute over project for new airport parking and revenue control system. After Airport terminated contract and both sides filed lawsuits, successfully resolved Airport's claims of more than $30 million in damages for less than likely cost of defense.
  • Light Valve Solutions v. 3M Co., et al. (N.D.Ga.). Counsel for Hitachi America in multi-defendant patent case regarding LCD projectors. Case currently in discovery.
  • Confidential Trade Secrets Matter. Successfully resolved, confidentially and before filing complaint, trade secrets claim against professional services firm for misappropriating our client's business plans and using them on behalf of a competitive entity. Obtained seven-figure settlement.
  • Bandag, Inc. v. Michelin North America, Inc. and Michelin Retread Technologies, Inc. (S.D. Iowa). Co-lead counsel for Michelin in major antitrust, tortious interference, and trade secret case involving dispute between competing franchisors in retread truck tire industry. Case was settled two weeks into a scheduled eight week jury trial, at close of other side's case, on terms favorable to Michelin.
  • Blissitt v. DMLR, Ackerman McQueen, Inc., et al. (Superior Court of Fulton County, Ga.). Lead counsel for advertising/PR firm and medical coalition in privacy and commercial misappropriation case arising from filming of news documentary showing hospital patients. Successfully limited sensitive discovery by using First Amendment and anti-SLAPP statute defenses. Achieved confidential settlement on favorable terms.
  • Latex Glove Patent Litigation (N.D. Ga.). Represented two defendant glove manufacturers in serial patent litigation. Cases settled favorably for clients without extensive discovery.
  • Advanced Interactive, Inc. v. Scientific-Atlanta, Inc., et al. (N.D.Ill.). Lead counsel for Scientific-Atlanta in multi-defendant patent infringement lawsuit against companies from all aspects of the cable television industry. Obtained early Markman hearing with minimal discovery obligations for defendants and prevailed on claim construction summary judgment motion on behalf of all defendants, after which plaintiff stipulating to judgment of non-infringement. Affirmed on appeal without opinion.
  • Rightway Restaurants, Inc. v. Oldfield Eastern Corp., et al. (N.D. Ala.). Lead counsel representing franchisor and principal shareholder of the "Steak-Out" restaurant system in dispute with the founder and largest franchise over sale of the franchise system and subsequent operation of founder's franchises. Case settled favorably for client after pretrial order.
  • Scientific-Atlanta, Inc. v. ViaSat, Inc. (N.D.Ga.). Lead counsel for Scientific-Atlanta in breach of contract and fraud case arising out of asset purchase agreement for sale of business division to ViaSat. Case settled on confidential but favorable terms following mini-trial mediation.
  • Amadasun v. Dreamworks, LLC, et al. (N.D.Ga.). Lead counsel representing Dreamworks, Sony Pictures and Montecito Picture Company in copyright infringement action involving the film "Evolution." Obtained summary judgment on all defenses, including lack of protectable copyright interest in plaintiff's works, no inference of access, and no substantial similarity. Affirmed on appeal by Eleventh Circuit.
  • Bunn v. Kenny G, Arista Records, et al. (N.D.Ga.) Lead counsel for Arista Records and EMI Music Publishing in copyright infringement action involving a Grammy award winning Kenny G song. Obtained summary judgment on grounds that plaintiff had not established inference that defendants had access to the allegedly infringed work. Affirmed on appeal by Eleventh Circuit.
  • John Keenan Co. v. Norrell Corp., and Interim Services, Inc. (E.D.La.). Lead counsel for Norrell Corporation and Interim Services, Inc. (which merged into entity known as Spherion, Inc.) in bench trial on claims by large franchisee for breach of contract and various business torts arising from the merger of temporary work force services companies. Defeated a motion for preliminary injunction filed at start of case that sought to enjoin merger. Prevailed at trial on all of plaintiff's contract and tort claims relating to the merger.
  • Stronghaven, Inc. v. Nestlehutt (N.C. state court). Lead counsel for senior executive in trade secret and non-compete lawsuit by former employer. After former employer obtained ex parte TRO before we were retained, conducted expedited discovery and defeated plaintiff's motion for preliminary injunction. Case settled shortly thereafter on terms that did not restrict client from working for new employer.
  • Burger King Corp. v. Agad, et al. (N.D.Ga.). Counsel for Burger King Corporation in a lengthy and bitterly contested lawsuit to enforce terminations against its largest Atlanta-area franchisees. Obtained preliminary injunction requiring franchisees to maintain critical operational standards pending resolution of lawsuit. Obtained summary judgment on counterclaims alleging virtually every conceivable franchise-related contract and tort claim. Case settled after mediation on the eve of trial resulting in franchisees exiting the system entirely, which was more than we could have obtained even by prevailing at trial.
  • Blue Bird Body Company, Inc. v. Northrop Grumman Corp. (N.D.Ga.). Lead counsel for Northrop Grumman in multi-million dollar dispute over contract for production and sale of electric power trains for school buses. Case settled on favorable terms following two-day mini-trial mediation.
  • Holiday Inns Franchising, Inc. v. Branstad (S.D. Iowa). Counsel for Holiday Inns in successful constitutional challenge to retroactive application of Iowa franchise relationship statute. Affirmed on appeal by Eighth Circuit.
  • Clean Serve, Inc. v. Kmart Corp. (N.D.Ga.). Trial co-counsel representing Kmart in retrial of tortious interference case which had resulted in $8 million dollar verdict against Kmart in the first trial (in which we were not involved). Obtained a complete defendant's verdict in second trial.
  • Taco Tico Acquisition Corp. v. W.R. Grace, et al. (Superior Court of Fulton County, Ga.). Successful trial counsel for defendant in the "Penzoil-type" case, in which plaintiff claimed W.R. Grace breached allegedly binding letter of intent and fraudulently induced plaintiffs to proceed with a potential deal but then sold the subsidiary, a franchisor of quick-service Mexican restaurants, to competing bidder. After two-week trial, jury found in favor of W.R. Grace on virtually all claims, and judgment on only adverse claim was reversed by the Court of Appeals.
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Publications and Presentations

  • Moderated a panel on the topic "Enforcing System Standards and the Risk of Vicarious Liability" for the Franchise and Distribution Section of the State Bar of Georgia (November 2009)
  • Speaker and panelist for the Technology Association of Georgia's program on "Legal Advice for Consultants." Ron addressed issues including legal concerns regarding business use of social media such as LinkedIn, Facebook and Twitter, litigation avoidance and alternatives, and issues regarding nondisclosure agreements. (May 2009)
  • "Protecting Your Famous Marks and the Trademark Dilution Revision Act of 2006" - ABA Forum on Franchising (October 2007)
  • "Annual Developments in Franchise Law 2005" - ABA Forum on Franchising, keynote presentation (with Joe Schumacher) (October 2005)
  • "Use of Expert Witnesses in Intellectual Property Litigation -- Copyright Cases" - Georgia Bar Intellectual Property Law Section (May 2004)
  • "Franchise Litigation Basics" - International Franchise Association Legal Symposium (May 2004)
  • "Franchising and Distribution Disputes: Litigation Under General Franchise Statutes" - Georgia Institute for Continuing Legal Education (January 2004)
  • "Technology and Intellectual Property Issues for Business" - Sterling Education Services (September 2003)
  • "Covenants Against Competition in Franchise Agreements" - International Franchise Association Legal Symposium (May 2003)
  • "Common Issues in Franchise and Distribution Disputes" - Atlanta Bar Association Franchise and Distribution Law Committee Seminar (February 2002)
  • "The Constitutionality of Retroactive Franchise Laws" - ABA Franchise Law Journal (Summer 2001)
  • "Encroachment Disputes: Overview and Recent Developments" - Atlanta Bar Association Franchise and Distribution Law Committee Seminar (February 2001)
  • "Protection of Trade Secrets and Confidential Information" - Southeast Franchise Forum Intellectual Property Program (February 2001)
  • "Trade Secrets and Confidential Information in the Franchise Relationship" - ABA Forum on Franchising (October 2000)
  • "The Duty of Good Faith and Fair Dealing: What Standards Apply" - ABA Forum on Franchising (October 1997)
  • Annual Franchise and Distribution Law Developments 2005 - Co-author with Joe Schumacher, (ABA Forum on Franchising, 2005)
  • Covenants Against Competition in Franchise Agreements - Regional Editor for Eleventh Circuit States; author of chapter on Georgia law (ABA Forum on Franchising, 2002)
  • How to Develop and Implement an Effective Corporate Compliance Program - Co-author of chapter entitled "Termination, Nonrenewal and Transfer" (ABA Forum on Franchising, 2000)
  • Franchise Law and Forums - Author of chapter entitled "Franchise Litigation from the Franchisee's Perspective" (Matthew-Bender 1992)
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