Rebecca Lamberth is co-chair of the Commercial, Securities and Antitrust division of Duane Morris’ Trial Practice Group and serves as a member of the Office of General Counsel of Duane Morris. Ms. Lamberth practices in the area of securities and complex commercial litigation, represents public and private companies, including REITs, with extensive experience in complex business and securities litigation, securities disclosure and corporate governance.
Ms. Lamberth defends companies and corporate officers and directors, lawyers, accountants and other professionals. Her clients include law firms, real estate investment trusts, global financial services companies, distributors and major insurers and insurance brokers.
Ms. Lamberth also advises public company clients on securities disclosure, corporate governance and D&O insurance issues and represents corporate clients before the SEC.
Atlanta Magazine named Ms. Lamberth a Georgia Super Lawyer in 2006 through 2013. She also was listed in the Super Lawyers Corporate Counsel Edition. She is a Master of the Joseph Henry Lumpkin American Inn of Court.
Ms. Lamberth frequently represents and advises lawyers and law firms, providing counseling and training on professional conduct rules, recent opinions in law firm cases and law firm risk management. She has successfully defended lawyers and law firms in disciplinary matters and legal malpractice and other professional liability claims, including claims alleging fraud, conspiracy and aiding and abetting client misconduct.
She also frequently lectures on professional conduct, the attorney-client and work product privilege and issues critical to in-house lawyers in private practice.
- Represented principal defendant in Florida state court trial of numerous fraud and alter ego claims asserted in the wake of a failed $100 million real estate transaction. Plaintiff was a major New York investment fund. Obtained defense verdict on all fraud claims.
- Represented REIT in Maryland state court trial of claims for finders fee on $200 million financing transaction and on appeal obtained reversal of lion’s share of plaintiff’s verdict.
- Represented major insurer as plaintiff in South Carolina federal court trial of claims concerning certain business losses sustained by insurer based on cancellation of conference due to Hurricane Hugo. Obtained plaintiffs’ verdict on all claims.
- Represented a public company in litigation filed in the wake of the company’s announcement of an internal investigation into potential issues related to the dating of stock options granted to corporate employees.
- Represented a public company in a formal investigation conducted by the Securities and Exchange Commission in the face of two successive financial restatements. This investigation resulted in no adverse findings or action by the Commission and has since been officially closed.
- Represented former officers and directors of failed savings & loan institution sued by the RTC on breach of fiduciary duty claims through early motions practice and discovery. Litigation was resolved on terms clients found favorable.
- Represented various former officers and directors of several additional failed banking institutions sued by FDIC or RTC on breach of fiduciary duty claims. Litigation included extensive motions practice and discovery.
- Advised Atlanta office of national law firm concerning potential conflict of interest with existing litigation client concerning potential evidentiary spoliation issues.
- Represented national law firm and partner in Georgia litigation filed by heirs of musical recording artist. Claims asserted include professional malpractice, fraud and conspiracy. Two cases are currently pending.
- Represented Atlanta law firm in Georgia federal bankruptcy adversary proceeding filed by trustee of law firm’s failed client. Resolved suit on a negotiated basis.
- Frequently represented national REIT on challenging litigation with critical business goals, achieving either prompt restoration which met these goals or won litigation outright.
- Was a member of the small group of lawyers working with the Examiner in the Enron bankruptcy to review, analyze and report on all persons and entities under examination, including Arthur Andersen. Work in both respects involved extensive analysis of accounting issues critical to the examination of the SPE transactions
- Represented REIT in defense of a putative class action filed by former Governor Roy Barnes in Cobb County, Georgia concerning REIT’s gift card program. Obtained Georgia appellate decisions dismissing all claims asserted under Georgia’s Unclaimed Property Statute.
- Represented national accounting firm in defense of fraudulent-misrepresentation and aiding-and-abetting claims filed by purchaser of car-rental company previously audited by client accounting firm.
- Prevented national accounting firm from being involved in pending Delaware state court litigation through the strategic resolution of several issues.
- U.S. District Court for the Northern District of Georgia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- University of Virginia School of Law, J.D., 1985
- Vanderbilt University, B.A., summa cum laude, 1982
- American Bar Association
- Georgia Bar Association
- Georgia Association of Women Lawyers
- ABA Law Firm General Counsel Project Steering Committee
- Master, Joseph Henry Lumpkin Inn of Court
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