David S. Klein - Atlanta, GA

Overview

Awards and Honors

Education

• Legal Education

  • University of Georgia School of Law, Athens, Georgia, 2011
    LL.M.
  • Elon University School of Law, Greensboro, North Carolina, 2010
    J.D.
    Honors: cum laude

• Non Legal Education

  • Mercer University, Macon, Georgia, 2007
    B.A.

Current Employment Position(s)

• Partner

Classes and Seminars

• Title Law From Start to Finish (Virtual Seminar, 2020)
  
• Title Law From Start to Finish (Seminar, 2019)
  
• Airbnb, VRBO & Short-Term Lease Agreements Webcast (Seminar, 2019)
  
• Commercial Leases: Transactional Tips, Litigation Lessons and Recent Case Law (Real Property Law Section, Real Property Law Institute, 2018)
  
• VRBO, Airbnb and Other Short-Term Rentals: Legal Ethics (Seminar, 2017)
  
• Using Technology Effectively in Transactional and Litigation Practices (Real Property Law Section, Real Property Law Institute, 2017)
  
• Collections: Enforcing Your Judgment (Seminar, 2016) Lease Agreements, Tenant Issues, and Documentation (Seminar, 2016)
  
• Your Commercial Tenant Filed for Bankruptcy, Now What? (Real Property Law Section, Commercial Seminar, 2016)

Representative Cases

• Vickery Falls, LLC v. ASIH, LLC, 354 Ga.App. 385 (2020) – The Court of Appeals upheld a jury verdict on counterclaims for trespass.
• Minnifield v. Wells Fargo Bank, N.A., 786 Fed.Appx. 979 (11th Cir. 2019) In a case arising from a foreclosure, a district court did not commit plain error in dismissing plaintiff homeowner’s amended complaint, because she had waived the right to challenge the district court order affirming a magistrate judge’s report and recommendation.
• CML-GA Social Circle, LLC v. Redcedar, LLC et al., 341 Ga.App. 110 (2017) The Court of Appeals affirmed summary judgment on liability under the Georgia Timber Collateral Conversion Statute against a contractor that cut down and removed trees on a property encumbered by the client’s security deed.
• Bord v. Hillman, 335 Ga.App. 18 (2015) Obtained a reversal of summary judgment where the Court of Appeals found that a genuine issue of material fact existed as to the case of increased water concentration on neighbors’ property.
• RES-GA Gold, LLC v. Cherwenka (In re Cherwenka), 508 B.R. 228 (Bankr. N.D. Ga. 2014) After a trial, the Court found that the Debtor’s annuity could not be exempted in his bankruptcy.
• Thompson-El v. Bank of America, N.A. et al., 759 S.E.2d 49 (Ga. Ct. App. 2014) Successfully defended real estate agent and brokerage that served as property manager to a bank which foreclosed on a residence. The former owner asserted several claims against the agent and broker, including a claim for intentional infliction of emotional distress. The Court of Appeals affirmed the trial court dismissal the former owner’s complaint with prejudice.
• In re Jean, 508 Fed. Appx. 939 (11th Cir. 2013) The 11th Circuit Court of Appeals affirmed the District Court’s order confirming that the automatic stay did not go into effect when a debtor filed a bankruptcy petition after having filed two prior bankruptcy petitions that had been pending in the period beginning one-year prior to his most recent bankruptcy petition filing.
• Confidential Case, Successfully defended small business client against allegations that it had breached a franchise agreement and that franchisor was entitled to damages in the six-figures range.
• Confidential Case, Obtained six-figure judgment which included accelerated and future rent on behalf of a commercial landlord against a tenant.
• Confidential Case, Obtained jury verdict of $230,000, including damages and attorney’s fees, on a counterclaim against landowner that built structures on client’s land.
• Confidential Case, Recovered in excess of $1 million for a client in a multi-case litigation matter, which involved two garnishment actions, a fraudulent transfer claim, and other tort claims.
• Confidential Settlement, Obtained a six-figure confidential settlement for a seller of a commercial property in a contract dispute with the purchaser.
• Confidential Settlement, Assisted in obtaining a six-figure settlement in a fraudulent transfer action concerning a large tract of land and apartment complex.
• Confidential Settlement, Obtained a six-figure confidential settlement for landlord in commercial lease dispute with tenant, personal guarantor, and other entities who were utilizing the space.

Bar Admissions

• Georgia
• U.S. District Court Northern District of Georgia
• U.S. District Court Middle District of Georgia
• U.S. District Court Southern District of Georgia
• U.S. Court of Appeals 11th Circuit

Other Affiliations

• State Bar of Georgia, Real Property, and Young Lawyers divisions (Member)
• Executive Committee of the Real Property Law section, State Bar of Georgia, 2016 & 2019
• State Bar of Georgia, Real Property Law Section (Website/Listserv/Forms Chairman)
• Superior Court of Fulton County (Special Master)