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In the News

Gerald Kline Presents to Fellow Lawyers on Corporate Officer and Director Law Topics

In March 2012, Mr. Kline lectured on a three-member panel at the Winter 2012 Convention of the Federation of Defense & Corporate Counsel ("FDCC") on "Officer/Director Indemnification Law: A Panoramic View." Mr. Kline presented to the FDCC’s Commercial Litigation Section; Financial Institution Subsection; Insurance Coverage Section; and Corporate Counsel Section. The presentation and accompanying article discussed the structure of corporate indemnification statutes and charter provisions, noteworthy judicial decisions, D&O insurance policy clauses and the impact that SEC regulation has on indemnification rights.


Firm Presents to the Atlanta BDIA Continuity Group

In January and March 2011, Messrs. Kline, Moss, Gilmore and Davis presented to the Atlanta Broker Dealer Investment Advisor Continuity Group on the Dodd-Frank Mandate on Fiduciary Duty Standards, FINRA’s statutory disqualification rules and due diligence tools for evaluating alternative investments.


Gerald Kline Wins FINRA Discovery Sanctions

In January 2012, Gerald Kline won sizable monetary discovery sanctions for his broker client from a FINRA arbitration panel against one of the largest U.S. brokerage firms. The case involved a broker forgivable loan claim and counterclaims. The brokerage firm’s discovery conduct prompted Mr. Kline to assert a Motion to Compel Discovery, resulting in the panel’s entry of a Consent Order for Discovery. After the brokerage firm continued its discovery breaches, including non-compliance with the Order, Mr. Kline moved for sanctions, which the panel awarded for the brokerage firm’s failure to timely respond to the broker’s formal discovery requests and its further failure to comply with the Consent Discovery Order.


Gerald Kline Presents on Restrictive Covenants

In February and March 2012, Gerald Kline presented to audiences of business owners, certified public accountants and other service professionals on the impact of Georgia’s recently enacted restrictive covenant statute. The new law governs the drafting and judicial interpretation of covenants that restrict competition, customer solicitation and disclosure of confidential business information.


Sims Moss Represents Neeleman JS Holdings in Acquisition of Substantially All of the Assets of Los Angeles-Based Private Jet Company JetSuite Air

Investors in Neeleman JS Holdings include David Neeleman, founder of JetBlue Airlines and founder and CEO of Azul Airlines in Brazil, and Acadia Woods Partners, a New York investment fund that provides seed and growth capital to private companies.  The Sims Moss acquisition team was led by Raymond L. Moss.
JetSuite Acquisition (10/4/10)



Firm Overview

Sims Moss Kline & Davis LLP is an Atlanta-based law firm with significant experience in numerous areas of practice. We are accomplished advocates in both the boardroom and the courtroom, handling sophisticated commercial transactions and complex litigation.

Our clients include leading domestic and foreign multinational corporations, major financial institutions and broker-dealers, investment advisers and investment funds and public and privately-held companies. We serve start-up ventures and individuals as well. Other lawyers and law firms often retain our services themselves and refer their clients to us when conflicts arise.

Publications

Officer/Director Indemnification Law: A Panoramic View

FDCC 2012 Winter Meeting Waldorf Astoria Arizona Biltmore Hotel

Selected Recent Developments in Indemnification and Advancement Rights for Officers, Directors, Investment Managers of Hedge Funds, and Other Related Parties: Who Will Pick Up the Bill and When?

Practising Law Institute; Securities Arbitration the Market Meltdown Era: Achieving Fairness in Perception and Reality (Volume Two; 2009)

Analysis Tools Now Available for Broker and Client Use Pursuant to NASD IM-2210-6

Strategic Financial Solutions, LLC; PerTrac Solutions (Vol. 4, Issue 1; First Quarter 2005)

The U.S. Patriot Act and Related Domestic and International Anti-Money Laundering Regulations, With a Special Focus on Switzerland: Legal and Business Implications

Practising Law Institute; Securities Arbitration Handbook (2004 ed.)

New CFTC Flexibility for Hedge Fund Managers

ABANA Review (Fall 2003)

The Wall Street Analyst: Rise and Fall of a Rock Star

Practising Law Institute; Securities Arbitration Handbook (2002 ed.)

Liability Of Clearing Firms: Traditional And Developing Perspectives

Practising Law Institute; Securities Arbitration Handbook (1998 ed.)