Phone:     404.596.5610
Fax:          404.596.5604
mcaplan@caplancobb.com

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Mike Caplan, a founding partner of Caplan Cobb, serves as trial and appellate counsel in high-stakes business disputes, class actions, tort and whistleblower actions, and cases involving complex issues of constitutional law.

Mike’s work has been the subject of numerous news articles in the Atlanta Journal-Constitution, the New York Times, the Republic, and the Fulton County Daily Report.  Mike has also been selected as one of 40 “On the Rise” attorneys under 40 by the Fulton County Daily Report, among the “Legal Elite in Business Law” by Georgia Trend Magazine, and a “Rising Star in Business Litigation” by the Georgia Super Lawyers Magazine.  Martindale-Hubbell has honored Mike with its highest rating of AV Preeminent for his legal ability and professional ethics.

Prior to founding Caplan Cobb, Mike served as a law clerk to the Honorable Richard W. Story in the U.S. District Court for the Northern District of Georgia and practiced at Bondurant, Mixson & Elmore.  Mike and his wife, Anna, live in Decatur with their three children.

  • "He is the quickest study I have ever seen.  In court, in discovery, in negotiations, in strategy – with ear, eye, pen and that deep voice of his in tow.  He approaches law like an old war horse. When he has to be bad-cop, look out, but when he plays the good-cop he’ll serve up some Southern charm.  And when all are settled on a chosen path in litigation, Mike posits a new route that takes us farther."

    Senior Counsel at Large Atlanta Firm
Practice Areas

PRACTICE AREAS

Business Litigation.  Mike has served as lead counsel to clients ranging from Fortune 500 financial services, telecommunications, media, and healthcare companies to individual doctors, lawyers, accountants, entrepreneurs, real-estate investors, trustees, and beneficiaries.  Mike’s experience spans a broad array of complex business litigation, including contract disputes, business torts, fiduciary litigation, trust litigation, creditor rights, UFTA, RICO actions, securities cases, antitrust enforcement actions, SEC and CFPB investigations, and commercial real estate disputes.

Mike’s practice is not limited to representing only plaintiffs or defendants.  He has won multi-million-dollar settlements on behalf of individual and corporate plaintiffs, and he has successfully defended companies facing significant potential exposure.  Mike also acts as general counsel to certain small-business clients, providing prospective advice on ongoing business and legal matters.  A skilled advocate with a strong background in business, Mike has an MBA and Registered Investment Advisor (RIA) designation in addition to his law degree.

Constitutional & Whistleblower Litigation.  Mike has also been recognized for his work vindicating the public interest.  Mike serves as trial counsel in False Claims Act, retaliation, and other whistleblower cases under state and federal law.  He has also represented plaintiffs in such diverse matters as a statewide class action seeking to vindicate the Sixth Amendment right to counsel; cases vindicating the right to free speech under the First Amendment; election-related matters; actions under the Americans with Disabilities Act; and criminal and habeas corpus matters involving a variety of constitutional issues.

In 2015, Mike and his co-counsel successfully obtained the release of Justin Chapman, who was wrongfully convicted of murder and incarcerated for over 8 years.  The case was the subject of the AJC’s seven-part podcast series, Breakdown.  And for his achievement in Flournoy v. State, a class action which led to significant reforms to Georgia’s indigent defense system, Mike was honored with the Southern Center for Human Rights’ inaugural Gideon’s Promise Award.

Appellate Practice.  Mike has also developed a reputation as an effective appellate practitioner.  Working side-by-side with trial counsel, Mike’s appellate work has been described as “exceptional,” “of the highest quality,” and “meticulous and incredibly thorough.”  Mike has been a frequent speaker at appellate advocacy seminars.  While in law school, Mike won the National First Amendment Moot Court Competition.

Education

EDUCATION

J.D., magna cum laude, The University of Georgia School of Law

Articles Editor, Georgia Law Review

Order of the Coif

Order of the Barristers

Winner, National First Amendment Moot Court Competition

Hughes Spalding Scholar

M.B.A., The University of Georgia Terry College of Business

Wood Wilson Foundation Scholar

B.S., The University of Georgia

Honors & Recognition

HONORS & RECOGNITIONS

AV Preeminent Rating—Martindale-Hubbell (highest rating for legal ability and professional ethics)

On the Rise (40 under 40), Fulton County Daily Report (2013)

Rising Star in Business Litigation, Super Lawyers Magazine (2010, 2013-2015)

Legal Elite in Business LawGeorgia Trend Magazine (2014)

Gideon’s Promise Award, Southern Center for Human Rights (2012)

Avvo.com 10.0 Rating (Superb) in Litigation

Cases

REPRESENTATIVE CASES

Business Litigation

Business Torts

  • On behalf of a consortium of investors, secured a multi-million-dollar settlement in a business torts and UFTA case.
  • On behalf of a telecommunications company, secured a seven-figure settlement in breach-of-contract case.
  • Defending a large financial services company, achieved a creative resolution in a dispute between joint venture partners.  At the conclusion of the matter, the managing partner of the private equity firm praised Michael Caplan as among “the most skilled, artful, and effective lawyers I’ve seen.”

Class Actions

  • Representing a certified class of insulation contractors, Mike Caplan and attorneys from Bondurant, Mixson & Elmore, Chitwood Harley, and Jeffrey Behold, P.C. recovered $112.25 million in an antitrust class action, one of the highest antitrust settlements to date in the state of Georgia.
  • Defending a publicly-traded consulting firm, secured a pre-discovery, favorable settlement in a class action alleging fraud and economic damages arising out of the provision of medical services.

Employment

  • Mike has successfully represented numerous employees and employers in matters involving non-compete agreements and severance negotiations.
  • Defending a medical provider, won a dispute involving an employee non-compete agreement.

Governmental Investigations

  • Successfully defended various officers, directors, and others in civil investigations brought by various federal government entities, including the Securities & Exchange Commission, Department of Justice, and Consumer Financial Protection Bureau.

Media/First Amendment

  • Defending a Fortune 500 media conglomerate, obtained a complete dismissal of a defamation action.

Public Contracts

  • Advised international defense manufacturer in a successful bid-protest action relating to a multi-million-dollar procurement.

Real Estate Litigation

  • Obtained partial summary judgment in a high-stakes commercial lease dispute filed against a national telecommunications company.

Securities Law

  • Representing a former CEO of a Fortune 1000 company, achieved a favorable confidential settlement in a dispute arising out of stock-option grants.

 

Whistleblower, Tort, & Constitutional Litigation

Whistleblower Litigation

  • Representing a relator in an under-seal FCA case involving alleged kickbacks.

Tort Litigation

  • Mike has served as issues and appellate counsel in a number of high-stakes personal injury and wrongful death cases.

Constitutional Litigation

  • Representing a class of indigent defendants, Mike Caplan and attorneys from the Southern Center of Human Rights achieved a comprehensive systemic reform of Georgia’s system for providing appellate indigent defense.
  • Along with Children’s Rights, Inc. and Bondurant Mixson & Elmore, represented a class of foster children in monitoring and enforcing the terms of a class action resulting in comprehensive reform to Georgia’s child welfare system.

 

Special Matters

Attorney’s Fee Litigation

  • On behalf of a national law firm, won a perfect award at trial, obtaining 100% of our client’s six-figure attorney’s fee claim.

Criminal Defense

  • Along with Bobby Lee Cook, Mike successfully defended a state court judge in an election fraud case involving a constitutional challenge to state election laws.
  • Representing the appellant in a federal criminal case, Mike persuaded the Eleventh Circuit that the district court erred in admitting prior acts evidence. United States v. Walter Sanders, Jr., 668 F.3d 1298 (11th Cir. 2012).
Activities

PROFESSIONAL & COMMUNITY ACTIVITIES

Board of Directors, Southern Center for Human Rights

Board of Directors, Central Outreach and Advocacy Center for the Homeless

American Bar Association

Federal Bar Association

Atlanta Bar Association

Member, Center for Professional Responsibility

Barrister, Lumpkin Inn of Court, University of Georgia School of Law

Indigent Defense Committee, Georgia State Bar

Speeches & Publications

SPEECHES & PUBLICATIONS

Panelist for Appellate Briefs: What Works and What Doesn’t, presented at the Appellate Practice Seminar, Institute of Continuing Legal Education in Georgia (2014).

Panelist for Impact Litigation, presented to the Individual Rights Section of the Georgia State Bar (2013).

Panelist for The Right to Counsel in Civil Cases, presented by the Institute of Continuing Legal Education in Georgia (2012).

Panelist for Public Interest Work in the Private Sector, presented to the University of Georgia School of Law (2011).

Panelist for Fee Applications in Civil Rights Litigation, presented by the Institute of Continuing Legal Education in Georgia (2011).

Panelist on Appellate Preparation and Oral Argument, presented to the Georgia State University School of Law (2011).

“Putting GPDSC in Executive Branch Created a Legal Quandary,” Fulton County Daily Report (2011).

“The Status of Appellate Challenges to the 2005 Tort Reform Provisions,” The Litigator (2005).

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