• Mining/Condemnation -- Mr. Gibson is representing an international mining company in a multimillion-dollar inverse condemnation action in Oklahoma that is currently on appeal.
• Constructive Eviction -- Mr. Gibson successfully negotiated a settlement for an international retailer that vacated premises in Savannah, Georgia after discovering the presence of mold.
• Reversionary Rights -- Mr. Gibson represents a university regarding the university's rights in real property that was granted to a third-party subject to reversion in the event certain conditions were not met.
• Valuation of Minerals -- Mr. Gibson represents a mining company regarding a dispute over the value of marble and amounts owed to the mining company's tenants in common.
• Right of First Refusal -- Mr. Gibson helped obtain a summary judgment in favor of a prominent Atlanta restaurateur in a dispute over a right of first refusal. The plaintiff subleased property to the restaurant and claimed that the restaurant failed to honor a right of first refusal the plaintiff had with the original owner. The case is on appeal.
• Mixed-Use Development Cross-Easements -- Mr. Gibson represents the owner of a mixed-use facility over the terms of a cross-easement agreement related to alleged overbilling for an adjacent owner's use of shared parking facilities and the alleged improper allocation of other expenses.

Million dollar judgments, settlements, defense verdicts, and summary dismissals

• Mr. Gibson obtained judgment on behalf of a real estate developer in excess of $30 million in a California federal court. Mr. Gibson prosecuted fraud and RICO claims against a financing company and its principals who promised to fund a $500 million construction loan for the development of what was proposed to be the World's Tallest Building in Chicago. Charlemagne Partners LLC, et al. v. Richard A. Parker, et al., Civil Case No. SACV DO-688-DOC (C.D. Cal. 2001).
• In federal district court, Mr. Gibson led efforts resulting in an order dismissing all claims against a California-based REIT, which specializes in financing and investment in long-term health care facilities. The client was sued for predatory lending when it placed four cross-collateralized loans in default after discovering that the borrower had obtained a second mortgage on one of the four properties that secured the loans. The borrower claimed that the client had waived its right to object to the second mortgage because the second mortgage was nearly two years old at the time the client discovered it.
• Prior to filing a lawsuit, Mr. Gibson obtained a settlement in excess of $1 million, which constituted a recovery of 100 percent of damages incurred by the owner of chemical storage tanks in British Columbia, Canada due to faulty epoxy coating.
• Mr. Gibson was the lead trial counsel in obtaining a unanimous defense verdict in rural Georgia for a property owner where the plaintiff sought over $1 million for alleged personal injuries. Michael C. Nagle v. Barney H. Lowery, et al., Civil Action No. 96-0948F, Superior Court of Laurens County, Georgia.
• Mr. Gibson obtained a significant settlement for a national retailer related to lease provisions giving the retailer the option to acquire property from the owner if the owner elected to re-develop.
• Mr. Gibson was the lead lawyer in securing summary judgment for an apartment complex owner in a premises liability matter that was upheld on appeal.
• Mr. Gibson was lead counsel in successfully obtaining a summary judgment for an amusement park owner from the repairman's claims that the park failed to adequately maintain the premises when the repairman received debilitating injuries due to electrical shock from alleged mis-wiring of electrical equipment.
• Obtained an arbitration award of just under half-a-million dollars for an asset management company deprived of commissions and other payments by a publicly-traded real estate company.

Commercial Lease Disputes

• In a landmark commercial lease case, Mr. Gibson successfully defended a landlord from claims by a commercial tenant that the landlord illegally locked its tenant out; in addition, in his client's counterclaim, Mr. Gibson obtained a judgment in excess of $300 thousand against the tenant for past due rents. Rucker v. Wynn, 212 Ga. App. 69, 441 S.E.2d 417 (1994). This case solidified a commercial landlord's right to pursue self-help remedies enunciated in the lease minimizing concerns over retaliation from the tenant. This case is a significant one and has been cited in multiple Georgia appellate decisions and nearly a dozen secondary sources.
• Mr. Gibson represented an international telecom firm in resolving a dispute with the landlord over vacating a retail premises along Michigan Avenue in Chicago.
• When a “big box” retailer needed assistance in asserting its lease rights to force a landlord to allow the retailer either to participate as a tenant in a proposed redevelopment of the property or to acquire the property outright if landlord sold the property, Mr. Gibson successfully asserted the retailer's rights enabling it to recover an undisclosed settlement.
• Mr. Gibson represented the owner of hospitals in a dispute over an Easement Declaration governing the construction and maintenance of a system of pedestrian bridges connecting several buildings across a busy road in Atlanta, Georgia. When one defendant ceased operations at one of the buildings, it unilaterally demolished the pedestrian bridge. The plaintiff asserted that the defendant's demolition of the bridge deprived it of its easement rights. Alston & Bird obtained a favorable settlement to resolve the plaintiff's lawsuit.
• For an international home products retailer, Mr. Gibson prosecuted claims against the developer of a mixed-use project demanding (and achieving) the completion of roadways and other infrastructure, the absence of which jeopardized a highly publicized “grand opening;” suit resulted in obtaining concessions from the developer to pay substantial liquidated damages if the improvements were not completed by the objective deadlines, which, in turn, caused the developer to accelerate work to complete the roadways and other infrastructure in a timely manner.
• Following a commercial tenant's abandonment of a leased premises in Maryland, Mr. Gibson defended the tenant in Maryland state court regarding a dispute over the terms of a triple net lease.
• For different subsidiaries of a national casual dining franchisor, Mr. Gibson defended dispossessory cases in Michigan, Tennessee and North Carolina on the grounds that the landlord failed to mitigate damages and/or failed to complete projects timely.
• For a parking deck operator, Mr. Gibson obtained the dismissal of a lawsuit against a tenant/sublandlord from claims by the subtenant seeking repairs and modifications to a commercial parking deck and assert counterclaims against the subtenant and master landlord for the failure to keep the premises in good condition.
• Mr. Gibson led successful negotiations on behalf of a commercial tenant with a Texas landlord and broker in a dispute over the calculation of lease termination fees.
• Mr. Gibson counseled the owner of a customs free trade zone in Miami, Florida for lease and other property disputes with tenants.
• Mr. Gibson economically resolved a lease dispute in suburban Atlanta related to the scope of the tenant's responsibilities for maintaining a certain portion of the premises.

Restrictive Covenants

• Mr. Gibson represented the owner of a regional mall in a lease dispute over a “co-tenancy” provision requiring, among other things, the presence of a certain number of “anchor tenants.” The tenant filed suit seeking a declaration that it could invoke reduced rent provisions claiming that the landlord had breached the co-tenancy provision. Alston & Bird obtained summary judgment at the trial level.
• Mr. Gibson obtained an arbitration award defending claims by the developer of a mixed-use development that the adjacent owners' proposed residential use of property violated an implied restrictive covenant where the developer asserted the property must be used solely as a golf course.
• Mr. Gibson represented a national movie distributor and theater operator in a dispute over the terms of radius restriction and restrictive covenant.
• Mr. Gibson defended an international petroleum company in claims by service station operators related to property disputes, valuation of property interests and enforcement of restrictive covenants.
• Mr. Gibson was the lead trial counsel for a convenience store owner in prosecuting fraud and equitable claims against a publicly-traded, national drug store chain over the scope of a restrictive covenant running with the land.

Brokerage Disputes

• Mr. Gibson recently obtained a victory for a broker seeking to recover commissions even though the broker did not have a written brokerage agreement with the buyer and notwithstanding a recent revision to the Brokerage Relationships in Real Estate Transactions Act (BRRETA) in Georgia, which ostensibly required a broker to have all contracts in writing.
• When a broker sought to collect commissions from a commercial tenant, Mr. Gibson obtained a summary judgment due to the broker's failure to demonstrate he was the procuring cause of the lease. On appeal, the Georgia Court of Appeals affirmed the award of summary judgment to Mr. Gibson's client.
• Mr. Gibson represented a residential real estate broker from fraud claims related to the alleged self-dealing of one of its agents with a television evangelist, which allegedly led to the congregation members/plaintiffs' forfeiture of a home worth over one million dollars.
• Mr. Gibson represented a financial institution in defending claims by a broker who sought to enforce liability for commissions. The broker was owed commissions by the financial institution's borrower. But, after the borrower defaulted and the financial institution foreclosed, the broker sought to recover the commissions directly from the financial institution.
• Mr. Gibson represented a commercial real estate broker in a claim alleging that the broker and property owner failed to honor the plaintiff's alleged right of first refusal to acquire the property.
• Settled a dispute between a broker, seller, and owner in and around Olympia, Washington over the sale of several assisted-care living facilities.
• After a broker sued a purchaser and its tenant for unpaid commissions arising from the sale of the commercial property, the tenant retained Mr. Gibson to defend it.
• Mr. Gibson represents a commercial real estate management firm seeking unpaid fees and commissions related to the sale of several commercial properties on behalf of the seller. 

Rights of First Refusal

• For a national big-box retailer, Mr. Gibson prosecuted and settled claims to enforce its lease rights to acquire property valued at over $40 million, or otherwise participate as a tenant in a proposed redevelopment of the property.
• For a national casual dining franchisor, Mr. Gibson enforced a right of first refusal in a lease which allows the franchisor to acquire property that is the linchpin of assemblage for a mixed-use project.
• Pursued claims of a national franchisor against a landlord for wrongful termination and interference with right of first refusal to acquire leased premises. 

Condemnation

• Achieved a million-dollar judgment for the franchisee of a national drive-in restaurant chain in a condemnation matter regarding lost access rights.
• For an international extended-stay hotel owner and operator, Mr. Gibson served as the national counsel in land use litigation, including condemnation actions in Georgia, Connecticut and Ohio, and a cross-easement dispute in Ohio.
• For a Korean film manufacturer, Mr. Gibson obtained a judgment for over $4 million to offset the impact of DOT condemnation that resulted in reduced access and visibility for a 160 acre site at the intersection of an interstate highway and state road ideally suited for a regional mall.
• Mr. Gibson represented a national convenience store operator in eminent domain actions, including a dispute regarding a taking at the interchange of a major interstate highway in suburban Atlanta. A DOT's road-widening project impaired the site to the point that the premises were no longer suitable for the client's operations (which included diesel pumps and significant truck volume), which resulted in closing the facility.
• Mr. Gibson was lead trial counsel representing the owner and operating lessee of a national franchise, which was adversely affected by the realignment of a state road. The redesign of the highway resulted in the loss of several access points, which the client predicted would negatively affect its booming business. On the third day of trial following the cross-examination of DOT's expert witnesses, DOT agreed to settle the matter for a seven figure sum.
• Mr. Gibson represented a national bank regarding its largest branch office in the state of Georgia. The shopping center where the branch office was affected by a significant road widening project that, in turn, is causing changes to the access of the center, changes in circulation of traffic within the center, and altering the parking, all of which have a negative effect on the bank's operations.
• Mr. Gibson was engaged to assist the owner of an investment grade manufactured home community in suburban Atlanta, Georgia in protecting its interests related to a project that will result in the construction of a 4-lane road through the middle of a previously self-contained community. The new county road will result in the loss of about 10 percent of the property and 20 percent of the residential units, as well as noise and traffic and other issues that make this property less desirable from both an investor's and a resident's standpoint.
• Mr. Gibson was lead counsel for both the owner and operator of a hotel in a complex eminent domain action brought by the Georgia Department of Transportation as part of the largest DOT project in Georgia's history. The DOT's condemnation resulted in severing the hotel in two. Specifically, the DOT's taking resulted in the hotel losing over 25 percent of its guest suites as the DOT expanded an access road along Interstate 85. The taking threatened to shut down the hotel entirely due to fears that the hotel could not operate profitably with the remaining rooms. Even assuming the hotel remained open, the hotel faced significant consequential damages, such as the loss of hotel revenues in operating a smaller hotel, cost of retrofitting the partially taken hotel, in addition to the value of the real property taken by the government. The ability to prove consequential damages was complicated by unusual financial performance figures which reflected inflated occupancy and revenue figures the year of the condemnation as a result of Hurricane Katrina victims who temporarily moved to the hotel after being displaced from their Gulf Coast residences. The case settled prior to trial with the DOT paying the client $3.5 million, nearly three times the amount of damages originally estimated by the DOT. 

Corporate Management/Dissolution

• Mr. Gibson prosecuted claims of investors against the managing member of LLC regarding the mismanagement of assets, including a golf course development.
• Mr. Gibson represented a real estate firm in resolving a dispute among shareholders following one shareholder's voluntary departure from the firm to work for a competitor.
• Mr. Gibson acted as lead counsel for Georgia-based real estate investors pursuing potential claims as tenants-in-common for the breach of fiduciary duty against the syndicator.

Representative Reported Cases

• Rainbow USA, Inc. v. Cumberland Mall, LLC, 688 S.E.2d 631 (2009).
• Killearn Partners, Inc., et al. v. Southeast Properties, Inc., 266 Ga. App. 508, 597 S.E.2d 578 (2004).
• jOjA Partners, LLC v. Abrams Properties, 262 Ga. App. 209, 585 S.E.2d 168 (2003).
• Kull v. Six Flags Over Georgia, LLP, 254 Ga. App. 897, 564 S.E.2d 747 (2002), rev'd 276 Ga. 210, 576 S.E.2d 880 (2003).
• Britt Paulk Ins. Agency, Inc. v. Northbrook Prop. & Cas. Ins., 952 F.Supp. 1575 (1996).
• Equitable Life Assur. Soc. of U.S. v. Studenic, 77 F.3d 412 (1996).
• Turpeau v. Fidelity Fin. Services, Inc., 936 F. Supp. 975 (N.D. Ga. 1996).
• Rucker v. Wynn, 212 Ga. App. 69, 441 S.E.2d 417 (1994).
• Gaydos v. Grupe Real Estate Investors, 211 Ga. App. 811, 440 S.E.2d 545 (1994).
• Moore v. American Suzuki Motor Corp., 211 Ga. App. 337, 439 S.E.2d 43 (1993).
• Watson v. Wachovia Nat. Bank of Georgia, 207 Ga. App. 780, 429 S.E.2d 111 (1993).
• White & Assoc., Inc. v. Decker & Hallman, 203 Ga. App. 14, 416 S.E.2d 352 (1992).