Michael L. Eber
Mike Eber, a partner with Caplan Cobb, serves as trial and appellate counsel in complex business disputes and class actions. He represents both plaintiffs and defendants in arbitration, mediation, and state and federal courts.
Mike’s work has been covered by news outlets such as the Atlanta Journal-Constitution, Law360, ProPublica, and the Fulton County Daily Report. Mike has been named a Georgia Super Lawyer in Business Litigation and Appellate Practice. He was also selected by his peers for inclusion in The Best Lawyers in America in the fields of Commercial Litigation and Mass Tort Litigation / Class Actions – Defendants.
Before joining Caplan Cobb, Mike served as a law clerk to the Honorable Edward E. Carnes of the U.S. Court of Appeals for the Eleventh Circuit. He was also a partner with Rogers & Hardin LLP and Smith, Gambrell & Russell LLP in Atlanta.
Mike and his wife, Alison, live in Decatur with their two daughters.
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“Mike is one of the best attorneys I’ve ever had the privilege of working with. His encyclopedic knowledge of the law, ability to synthesize large quantities of information, and superb writing skills, combined with his advocacy skills, make him highly effective in any situation. He is a strategic thinker and problem solver who is always considering creative solutions to his clients’ problems. Mike is a superior legal talent.”
PRACTICE AREAS
Business Litigation. Mike has represented both plaintiffs and defendants in a wide range of complex business disputes, including actions for breach of contract, breach of fiduciary duty, misappropriation of trade secrets, tortious interference, false advertising, and RICO.
Appellate Practice. Mike’s appellate cases have addressed an array of issues, including class certification, constitutional law, securities law, attorneys’ fee awards, insurance coverage, employment, attorney disqualification, civil procedure, and bond validation. According to a former partner who has practiced law for decades, Mike’s “ability as an oral advocate and brief writer is unsurpassed.”
Class Actions. Mike has substantial experience representing clients in class actions. Since 2021, he has been listed in The Best Lawyers in America in the field of Mass Tort Litigation / Class Actions – Defendants.
EDUCATION
J.D., with high honors, Emory University School of Law
Editor in Chief, Emory Law Journal
Order of the Coif
Paul Bryan Prize in Constitutional Law
Mary Laura “Chee” Davis Award for Writing Excellence
Dean’s Awards in nine courses
B.G.S., with honors, The University of Kansas
Political Science Department Honors
Listed in The Best Lawyers in America for Commercial Litigation (2022 – 2023) and Mass Tort Litigation / Class Actions – Defendants (2021 – 2023)
Super Lawyer, Business Litigation and Appellate Practice – Super Lawyers Magazine (2022 – 2024)
Rising Star, Super Lawyers Magazine (2019)
2018 Litigation Team of the Year (Appellate Practice – Midsize Firm), Georgia Legal Awards, The Fulton County Daily Report
REPRESENTATIVE EXPERIENCE
Complex Business Disputes
Mike represented a poultry production company accused of participating in a wage-fixing conspiracy in violation of federal antitrust laws. Before the federal district court had ruled on the client’s motion to dismiss, the plaintiffs agreed to a complete dismissal and received no monetary compensation as part of the settlement.
Mike represented a healthcare management consulting firm that sued a major Georgia hospital for breach of contract and tortious interference.
Mike represented a leading research university in defense of claims for breach of fiduciary duty and misappropriation of trade secrets. Mike has also represented the same client in cases involving claims of false advertising and breach of contract.
Mike represented one of the largest community banks in the Southeast in a complex lender-liability dispute. He briefed and won a critical Daubert motion to exclude most of the expert testimony underlying the plaintiff’s $40 million damages theory.
Mike briefed and argued post-trial motions on behalf of former condominium association directors following an adverse jury verdict in the Northern District of Florida.
Appellate Litigation
Mike briefed, argued, and won a Georgia Court of Appeals case raising novel questions of nuisance liability, including whether a controversial business can be held liable for attracting third-party protestors. For news coverage of the decision, use these links: AJC, Law360, and Daily Report.
Mike represented a public school system before the Supreme Court of Georgia in an action challenging a municipal annexation ordinance on constitutional and statutory grounds. Mike briefed and argued the case before the Supreme Court.
Mike briefed, argued, and won three appeals in the U.S. Court of Appeals for the Fifth Circuit on behalf of business clients seeking to recover damages from the Deepwater Horizon oil spill. In the first case, Mike convinced the Fifth Circuit to vacate the denial of a $4 million claim. After a favorable ruling on remand, the case settled. In the second case, Mike defended a $58 million claim, successfully arguing against one of the nation’s most prominent appellate advocates. And in the third case, Mike won affirmance of a $28 million claim.
In the Florida–Georgia “water wars” case before the U.S. Supreme Court, Mike wrote an amicus brief on behalf of Georgia local government and conservation organizations.
Mike persuaded the Georgia Court of Appeals to affirm a jury verdict in favor of a financial advisor who sued his former employer.
Mike petitioned for certiorari to the Supreme Court of Georgia and obtained an expedited ruling in his client’s favor on an issue of appellate procedure.
On behalf of a major international law firm, Mike obtained affirmance of an attorneys’ fee award under Georgia’s offer-of-judgment statute.
Class Actions
Mike represented a state-chartered bank in appellate litigation concerning the enforceability of class action litigation waivers.
Mike represented a mortgage company in defense of a putative class action alleging that “post-payment” interest was improperly collected from over 40,000 borrowers. Mike obtained a settlement for a fraction of potential damages.
Mike represented one of the country’s largest manufacturers of building and paper products in multiple product-liability class actions in federal courts all over the country.
Government Contracts
Mike successfully represented one of the nation’s largest health insurance administrators in response to a flurry of bid protests challenging a multi-billion dollar government contract.
Mike successfully represented a construction firm in a municipal contract dispute.
American Bar Association
Appellate Practice Section, State Bar of Georgia
Atlanta Bar Association
Clarence Cooper Inn of Court, Emory University School of Law
Eleventh Circuit Historical Society
Panelist for Tips, Tricks, and Best Practices for Writing Briefs in Georgia State and Federal Courts, Atlanta Bar Association (2023)
Summary Judgment in Contract Cases: Strategy and Tactics for Movants and Respondents, Strafford CLE Webinar (2023)
State Q&A, Additional Civil Appeals: Georgia (2021 – 2022) (with Practical Law Litigation)
State Q&A, Initial Civil Appeals: Georgia (2021 – 2022) (with Practical Law Litigation)
State Q&A, Provisional Remedies: Georgia (2021 – 2022) (with Practical Law Litigation)
State Q&A, Responding to a Complaint: Georgia (2020 – 2022) (with Practical Law Litigation)
Winning vs. Losing: Litigation Antics as Opposed to Litigation Advocacy, presented to the Institute of Continuing Legal Education in Georgia (2018)
Protecting Attorney-Client Privilege When Investigating Whistleblower Allegations, presented to the Georgia Chapter of the Association of Corporate Counsel (2015)
When the Dissent Creates the Law: Cross-Cutting Majorities and the Prediction Model of Precedent, 58 Emory L.J. 207 (2008) (cited in Bryan A. Garner et al., The Law of Judicial Precedent (2016))
