Joe Loveland
is a senior trial lawyer in King & Spalding’s Atlanta office with more than 30 years of trial and appellate experience. A Fellow of the American College of Trial Lawyers, he was recently selected as “Lawyer of the Year” in Bet the Company Litigation in the Atlanta area by Best Lawyers in America 2014. He is also included in Chambers USA’s list of America’s Leading Lawyers for Business, Corporate Counsel magazine’s list of the “Nation’s Top Business Litigators,” Who’s Who Legal in Commercial Litigation, Benchmark Litigation, and as a Georgia Super Lawyer.
A member of the bars of both Georgia and Texas, Mr. Loveland serves as lead trial and appellate counsel on complex contract disputes, business torts, and financial litigation throughout the United States, including the following recent matters:
Lead counsel for Imperial Tobacco Co. of Canada in litigation in San Francisco state court brought by a former subsidiary seeking to recover more than $1 billion on claims of fraudulent conveyance, illegal dividends, and alter ego arising out of inter-corporate transfers. The action is connected with the subsidiary’s bankruptcy action in Delaware, and Mr. Loveland has served as trial counsel in that action as well.
Lead counsel for Mahindra & Mahindra, a major Indian automobile manufacturer, in actions filed in federal and state court in Georgia by over 100 prospective Mahindra dealers from 30 states alleging fraud and negligent misrepresentation, unjust enrichment, and violation of federal and state dealer protection statutes.
Lead counsel for Kan Am (US) in litigation filed by Simon Property Group affiliates in the Chancery Court in Delaware involving the interpretation of buy/sell provisions in joint venture agreements regarding major retail shopping malls throughout the United States.
Lead counsel for The Coca-Cola Company in purported class action litigation in federal courts in California and Alabama asserting violations of the Telephone Consumer Privacy Act.
Lead counsel for KPMG in litigation filed in the State Court of Fulton County by plaintiffs seeking to recover damages for allegedly improper advice regarding tax shelters.
Lead counsel for Wachovia and Wells Fargo in action filed by Elavon, Inc. in federal court in Atlanta asserting claims of breach of contract and tortious interference with contractual relationships arising out of the merger of Wachovia and Wells Fargo.
Lead counsel for Chevron Corp. in federal court in Charleston, S.C., in claim of breach of contract by former senior corporate officer involving expiration of stock options. The District Court granted summary judgment in Chevron’s behalf, and this grant was affirmed by the Fourth Circuit.
Lead counsel for The Coca-Cola Company in litigation filed in both federal and state court by more than 50 independent bottlers challenging the right of the Company and Coca-Cola Enterprises to warehouse and deliver certain products to major retailers, including Wal-Mart.
Lead counsel for Ernst & Young in securities litigation and accounting liability cases in federal court in Tennessee and Mississippi.
Lead counsel for Verizon Wireless defending litigation brought by AT&T to enjoin Verizon’s “There’s a Map for That” commercials comparing the 3G networks of the two companies. The United States District Court for the Northern District of Georgia denied AT&T’s request for a temporary restraining order on the commercials, and the action was subsequently dismissed.
Lead counsel for General Electric Healthcare in defense of claims of breach of contract and misappropriation of trade secrets with regard to software in federal court in Austin, Texas.
Mr. Loveland has substantial experience in governmental investigations and regulatory matters, including:
Lead counsel defending The Coca-Cola Company against whistleblower allegations of financial and accounting improprieties filed by a former employee in litigation in both state and federal court in Georgia. Mr. Loveland also coordinated the Company’s response to investigations into these activities by the Department of Justice and the SEC.
Coordinating counsel for WellCare Health Plans, Inc. and its subsidiaries in responding to the investigation of the Company by the United States Department of Justice and other state and federal agencies into claims of criminal misconduct in WellCare’s Medicaid health plan and in negotiation of settlement of federal and state False Claims Act claims.
Mr. Loveland's trial experience includes:
Lead counsel for Texaco Inc. and Texaco Pipeline Inc. in a three-month toxic tort jury trial in Beaumont, Texas defending against claims of personal injury and property damages arising from a pipeline rupture and subsequent fire on the San Jacinto River. The jury returned a defense verdict on all claims. The case was selected by the National Law Journal as one of the Top Ten Defense Wins for the year.
Lead counsel for The Coca-Cola Company in a two-week jury trial in federal court in Atlanta asserting claims against its international apparel licensee for trademark infringement, breach of contract, breach of a loan agreement, and defending against counterclaims for breach of contract and fraud. The jury returned a verdict for The Coca-Cola Company on all claims.
Lead counsel for Baxter Healthcare in 2011 arbitration against Teva Pharmaceuticals involving indemnification for Nevada propofol litigation. The arbitration was resolved in favor of Baxter Healthcare.
Lead counsel for Ernst & Young in a month-long accountant liability jury trial in Gulfport, Mississippi. The jury allocated 75% of liability to settling defendants and 25% of liability to Ernst & Young. Mr. Loveland argued the appeal of the verdict in the Fifth Circuit.
Lead counsel for Small Smiles Holding in 2010 trial in state court in Madison, Wisconsin involving post-closing demands on an escrow fund created upon the purchase of a business. The plaintiff seeking release of the funds dismissed the claims with prejudice.
Defending Banca Nazionale del Lavoro in a number of suits in state and federal courts arising out of $2 billion of unauthorized loans by the bank’s Atlanta branch to the government of Iraq.
Lead counsel in the defense of Columbia HCA and one of its hospitals in a three-week trial in federal court in Atlanta on claims of breach of contract and misappropriation of trade secrets involving computerized hospital information systems. The court found in favor of Columbia HCA on the trade secret claims and awarded minimal damages on the breach of contract claim.
Lead counsel for a group of United States and Netherlands Antilles corporations in two separate jury trials and appeals against corporate alter ego and fraudulent conveyance claims brought by a German construction company arising out of commercial transactions in Iran. The Georgia Supreme Court ultimately ordered that judgment be entered in the groups’ favor on all claims.
Appellate Practice
Mr. Loveland is a member of the Bar of the United States Supreme Court and the Fourth, Fifth, Sixth, and Eleventh Circuit Courts of Appeal. He has argued in numerous state appellate courts, including the Supreme Courts of Georgia and Tennessee and the Texas Court of Appeals.
Mr. Loveland’s recent appellate matters include the following:
Lead counsel for Chevron Corp. in 2011 appeal in the United States Court of Appeals for the Fourth Circuit on executive stock option case. The Court affirmed a grant of summary judgment in Chevron’s favor.
Lead counsel for The Coca-Cola Company in 2011 appeal in the United States Court of Appeals for the Eleventh Circuit involving international abstention in dispute involving Egyptian bottling rights. The Eleventh Circuit affirmed the District Court’s grant of a stay of United States litigation as sought by The Coca-Cola Company.
Lead counsel for MillerCoors in 2012 appeal in the United States Court of Appeals for the Sixth Circuit dealing with the application of Ohio statute governing the right of a successor beer manufacturer to change distributors.
Lead counsel for Greene County Development Authority in appeal before the Georgia Supreme Court seeking reversal of trial court order refusing to validate revenue bonds for expenses of a Charter School in Greene County.
Lead counsel for Sterling Currency in appeal to the Georgia Supreme Court in 2012 by a former I.T. vendor of Sterling from a grant of injunctive relief in Sterling’s favor. The Supreme Court affirmed the entry of the injunction.
Lead counsel for DeKalb County in appeal to the Georgia Supreme Court involving the constitutionality of an intergovernmental agreement involving distribution of tax revenues. Mr. Loveland argued the case in the Georgia Court of Appeals as well as the Georgia Supreme Court on two occasions. The Georgia Supreme Court affirmed summary judgment for DeKalb County in 2011.
Lead counsel for Ernst & Young in appeal to the United States Court of Appeals for the Sixth Circuit in alleged class action involving claims of securities fraud. The Sixth Circuit affirmed the District Court’s grant of a motion to dismiss. Mr. Loveland served as lead counsel in the District Court as well.
Lead counsel for Ernst & Young in appeal to the United States Court of Appeals for the Fifth Circuit in appeal from jury verdict in accountant liability action in the United States District Court in Mississippi. Mr. Loveland served as both lead trial counsel and lead counsel on the appeal.
Lead counsel for NBC Universal in certified question proceeding before the Georgia Supreme Court. The United States District Court for the Northern District of Georgia certified an issue regarding the scope of Georgia’s anti-gaming statute to the Georgia Supreme Court for decision. Mr. Loveland argued the case in both the District Court and the Georgia Supreme Court. Following determination by the Georgia Supreme Court, the District Court dismissed the class action proceeding brought against NBC Universal.
Lead counsel for multiple death penalty inmates seeking habeas corpus relief. Mr. Loveland has served as lead counsel for such inmates in appeals in the Georgia Supreme Court, the Eleventh Circuit Court of Appeals, and the United States Supreme Court.
Mr. Loveland graduated with highest honors from the University of North Carolina and received his law degree, cum laude, from Harvard Law School. He has served as Chair of King & Spalding’s Litigation Department and has served several terms on the firm’s Policy Committee.
Mr. Loveland is a member of the Executive Committee of the Board of Trustees of the National Institute of Trial Advocacy. He served as Chair of the American College of Trial Lawyers’ Federal Rules of Civil Procedure Committee in 2011 and 2012. He is a member of the Lawyer’s Committee of the National Center for State Courts and was inducted into the Warren E. Burger Society of the National Center in 2012 . Mr. Loveland was a founding member of the Board of Georgia Appleseed, served as its Chair in 2010-2011, and remains a member of its Executive Committee.
