Kenneth B. Franklin

Kenneth Franklin has over 10 years of experience guiding clients through complex litigation and business disputes. Mr. Franklin’s experience runs the gamut from securities litigation, to trademark defense, to construction claims, to media law, financial services, and insurance defense.

Highlights of Mr. Franklin’s recent experience include: enjoining the sale of expired consumables by a third party on behalf of the manufacturer; obtaining the dismissal of a dealership agreement arbitration on behalf of a parts manufacturer; representing a public REIT and the current board of directors in shareholder class action litigation filed in both state and federal court related to an $11.2 billion acquisition merger; representing a publicly traded healthcare REIT and its former directors in shareholder class action litigation filed in state and federal court related to a $1.9 billion sales merger; representing an international manufacturer pursuing construction defect and product liability claims related to the wholesale failure of the roof on a manufacturing facility; representing television show producer on defamation claim; and favorable settlements or dismissals in a number of shareholder class action and derivative lawsuits asserting claims for securities law violations and fiduciary duty breaches.

Mr. Franklin is very active in the Atlanta pro bono community. In addition to volunteering his time to handle cases for victims of domestic violence, Mr. Franklin is a member of the Atlanta Volunteer Lawyers Foundation’s Junior Board. Mr. Franklin received the Domestic Violence Project Volunteer of the Year Award from the Atlanta Volunteer Lawyers Foundation in 2014 and the prestigious Duane Morris Pro Bono Award in 2015.

Representative Matters:

• Secured trademark injunction prohibiting sale of expired consumables on behalf of manufacturer.
• Represented national financial institution in Telephone Consumer Protection Act litigation related to autodialing practices.
• Negotiated application of tax regulations on behalf of manufacturer with the Georgia Department of Law.
• Represented public utility company in Florida litigation related to public works project.
• Obtained dismissal on behalf of insured in litigation arising out of forged signatures on business agreements.
• Represented general contractor in arbitration related to the construction of a municipal wastewater treatment plant.
• Defended apartment complex in against mechanic’s lien claims.

Education:

• University of Georgia School of Law, J.D., cum laude, 2007 , – Journal of Intellectual Property Law, Executive Editor, 2006-2007; Editorial Board, 2005-2006
• Davidson College, A.B., cum laude, 2004

Admissions:

• Florida
• Georgia
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. Bankruptcy Court for the Northern District of Georgia
• U.S. District Court for the Northern District of Georgia
• U.S. District Court for the District of Colorado

Professional Activities:

• Atlanta Volunteer Lawyers Foundation’s Junior Board
• Business Roundtable of Atlanta