David L. Balser

Partner - Atlanta
dbalser@mckennalong.com
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303 Peachtree Street, NE
Suite 5300
Atlanta, GA 30308-3265
TEL: 404.527.4174
FAX: 404.527.4198
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Experience

David Balser represents publicly traded corporations, privately held businesses, and corporate executives in trials, arbitrations and appeals in complex business litigation matters throughout the United States. Mr. Balser represents both plaintiffs and defendants, and many of the cases he handles involve matters of significant strategic importance to his clients.

A Fellow of the American College of Trial Lawyers, Mr. Balser has been identified as one of "America's Leading Lawyers" for Litigation by Chambers USA; by Best Lawyers in America in the practice areas of Bet-the-Company Litigation and Commercial Litigation; by Georgia Trend magazine as one of "Georgia's Most Effective Lawyers" for Business Litigation; and by Atlanta Magazine (2004-2010) as a "Georgia Super Lawyer" for Business Litigation and as a “Top 100” lawyer in Georgia (2009).

Mr. Balser handles cases involving:

Mr. Balser is also General Counsel of the firm and Chairman of the firm's Ethics and Professional Responsibility Committee, and frequently writes and speaks on topics related to legal ethics, malpractice and professionalism. Mr. Balser clerked for The Honorable Charles A. Moye Jr., U.S. District Court, Northern District of Georgia.

Notable Engagements

Commercial and Business Disputes

Corporate Governance / Shareholder / Partnership Disputes

Consumer Class Actions

Securities Class Actions

Governmental Litigation

Professional Liability

Education

Admitted

Publications:

  • "The Class Action Fairness Act of 2005: Expanding Federal Jurisdiction and Increasing Scrutiny of Class Settlements," The Corporate Counselor, (May 2005).
  • "Dixon Case Bound by Law's Constraints," Atlanta Journal-Constitution, (March 2004).
  • "The 'Daubert' Challenge" Commercial Litigation, a Supplement to The Recorder, (October 2002).

Seminars and Presentations:

  • “Decreasing Litigation Risks in the Current Economy,” Business Law Institute, ICLE Seminar, (October 2009).
  • Trial Practice Seminar for Lawyers in the Public Interest, American College of Trial Lawyers, (September 2009).
  • "Developments in Ethics and Legal Malpractice," Update on Georgia Law, ICLE Seminar,(February 2007).
  • "An Enron Case Study: Where Were the Lawyers?" Seminar for the Association of Corporate Counsel of America, (March 2006).
  •  “Ethics and Malpractice: Recent Decisions,” Update on Georgia Law, ICLE Seminar, (February 2006).
  •  "Developments in Ethics and Legal Malpractice," Recent Developments in Georgia Law, ICLE Seminar, (December 2005).
  •  "Taking Your Case to the Court of Public Opinion: Strategic, Legal and Ethical Implications," ICLE Seminar, (November 2005).
  •  "Professionalism for Attorneys Practicing in the Electronic Age of Lawyering," ICLE Seminar, (March 2005).
  •  "Professionalism and Risks for In-House Counsel: The Lessons of Enron," Seminar for Association of Corporate Counsel of America, (March 2005).
  •  "Ethical Issues in Jury Trials," Selecting a Winning Jury, ICLE Seminar, (January 2005).
  • "Emerging Ethical Issues in Corporate Litigation," ICLE Corporate Litigation Seminar, (November 2004).
  •  "Freeze-Out Mergers and Shareholder Buy-Outs: A Case Study," ICLE Corporate Litigation Seminar, (November 2002).
  • "The Extraterritorial Application of California Business and Professions Code Section 17200: Is Any Corporation Safe?" Unfair Competition Claims 2002: California Section 17200's Impact on Corporations Everywhere, PLI Seminar, (August 2002).
  • "Government Contract Disputes in Georgia," CLE Government Contract Briefing, (June 2002).
  •  "Getting an Expert Past the Daubert Gatekeeper: An Analysis and Discussion," Federal Civil Litigation in Georgia Seminar, (May 2001).
  •  "Duties of Disclosure and Ethical Problems in the Close Corporation Context," ICLE Corporate Litigation Seminar, (November 1998).

Civic Activities:

  • Mr. Balser and a team of MLA litigators successfully represented pro bono, on appeal, Marcus Dixon, an African-American scholar-athlete from Rome, Ga. who received a ten year prison sentence for having consensual sexual relations with a high school classmate. In a landmark 4-3 decision, the Supreme Court of Georgia reversed Mr. Dixon's conviction. Dixon v. State, 278 Ga. 4 (2004). Mr. Balser's Supreme Court oral argument was broadcast live on the world-wide web, and the case was widely reported by national news media, including the CBS Evening News, NBC Nightly News, CNN, Fox News, Nightline, The O'Reilly Factor, The Today Show, HBO Real Sports, The Oprah Winfrey Show, MSNBC, The Abrams Report, Court TV, The New York Times, The Washington Post, The Los Angeles Times, The Chicago Tribune, The Miami Herald, The National Law Journal, People Magazine, and National Public Radio.
  • Mr. Balser works closely with The Georgia Innocence Project, a non-profit organization that uses DNA testing to exonerate wrongfully convicted criminal defendants.
  • In 2004, Mr. Balser was selected to be a member of the Georgia Judicial Campaign Oversight Committee, a citizens' "watch-dog" committee established to monitor and resolve disputes regarding Georgia's statewide judicial elections.
  • In 2002, Mr.Balser was appointed by the Governor to the Judicial Nominating Commission (JNC). The JNC, comprised of judges, lawyers, and non-lawyers, interviews and sends a "short list" of nominees to the Governor for the State's judgeships.
  • Mr. Balser served on the State Elections Board from 1996 through 2002 and has served as general counsel to various federal candidates' campaign committees.

Professional Activities:

  • American College of Trial Lawyers, Fellow
  • American Bar Association, Litigation Section
  • Atlanta Bar Association, Litigation Section