Contact

Email: dklein@rlklawfirm.com
Phone: 404-856-0540
Fax: 404-704-0246

David Klein represents corporate clients, small businesses, and individuals in a variety of litigation and other disputes, with a particular focus on real estate, business, and bankruptcy litigation.  He frequently litigates in state courts, bankruptcy courts, and federal courts throughout the Atlanta metropolitan area.  He has successfully tried several bench and jury trials for his clients.

David is a member of the State Bar of Georgia, Real Property, and Young Lawyers divisions and in 2016 was elected by his peers for a three-year renewable term on the executive committee of the Real Property Law section, where he serves as the Website/Listserv/Forms chairman.  He is also a BV-rated attorney with Martindale-Hubbell.  David accepts pro bono cases through the Georgia Legal Services division of the State Bar of Georgia.  He is licensed to practice in all Georgia trial and appellate courts; Northern, Middle and Southern U.S. District Courts of Georgia; and the 11th Circuit Court of Appeals. David has also been admitted pro hac vice to the U.S. District Court for the Central District of California, the U.S. District Court for the Southern District of California, and the U.S. Bankruptcy Court for the Northern District of Texas.

David and his wife Alex reside in Johns Creek along with their two children, Caroline and David.

Education

University of Georgia School of Law (LL.M. 2011)

Elon University School of Law (J.D., cum laude, 2010)

Mercer University (B.A., 2007)

Publications and Presentations

Commercial Leases: Transactional Tips, Litigation Lessons and Recent Case Law (Real Property Law Section, Real Property Law Institute, 2018)

VRBO, Airbnb and Other Short-Term Rentals: Legal Ethics (Seminar, 2017)

Using Technology Effectively in Transactional and Litigation Practices (Real Property Law Section, Real Property Law Institute, 2017)

Collections: Enforcing Your Judgment (Seminar, 2016)

Lease Agreements, Tenant Issues, and Documentation (Seminar, 2016)

Your Commercial Tenant Filed for Bankruptcy, Now What? (Real Property Law Section, Commercial Seminar, 2016)

Reported Cases

CML-GA Social Circle, LLC v. Redcedar, LLC et al., 341 Ga.App. 110 (2017)

The Court of Appeals affirmed summary judgment on liability under the Georgia Timber Collateral Conversion Statute against a contractor that cut down and removed trees on a property encumbered by the client’s security deed.

Bord v. Hillman, 335 Ga.App. 18 (2015)

Obtained a reversal of summary judgment where the Court of Appeals found that a genuine issue of material fact existed as to the case of increased water concentration on neighbors’ property.

Thompson-El v. Bank of America, N.A. et al., 759 S.E.2d 49 (Ga. Ct. App. 2014)

Successfully defended real estate agent and brokerage that served as property manager to a bank which foreclosed on a residence.   The former owner asserted several claims against the agent and broker, including a claim for intentional infliction of emotional distress.  The Court of Appeals affirmed the trial court dismissal the former owner’s complaint with prejudice.

In re Jean, 508 Fed. Appx. 939 (11th Cir. 2013)

The 11th Circuit Court of Appeals affirmed the District Court’s order confirming that the automatic stay did not go into effect when a debtor filed a bankruptcy petition after having filed two prior bankruptcy petitions that had been pending in the period beginning one-year prior to his most recent bankruptcy petition filing.

Representative Cases

Confidential Case

Successfully defended small business client against allegations that it had breached a franchise agreement and that franchisor was entitled to damages in the six-figures range.

Confidential Case

Obtained six-figure judgment which included accelerated and future rent on behalf of a commercial landlord against a tenant.

Confidential Case

Obtained jury verdict of $230,000, including damages and attorney’s fees, on a counterclaim against landowner that built structures on client’s land.

Confidential Case

Successfully defended landowner in jury trial where another landowner claimed damages in excess of $500,000 for issues related to trespass, nuisance, water runoff, and sediment discharge.

Confidential Case

Recovered in excess of $1 million for a client in a multi-case litigation matter, which involved two garnishment actions, a fraudulent transfer claim, and other tort claims.

Crystal Rochester et al. v. Two Under, LLC et al., Sup. Ct. Cobb County, Ga.

Obtained dismissal of action initiated by former owner of property and emergency cancellation of lis pendens against property purchased by a small business client at a foreclosure sale.

Confidential Settlement

Assisted in litigation and settlement of a legal malpractice action, resulting in a settlement to small business client in excess of $1 million.

Confidential Settlement

Obtained a six-figure confidential settlement for a seller of a commercial property in a contract dispute with the purchaser.

Confidential Settlement
Assisted in obtaining a six-figure settlement in a fraudulent transfer action concerning a large tract of land and apartment complex.

Confidential Settlement
Obtained a six-figure confidential settlement for landlord in commercial lease dispute with tenant, personal guarantor, and other entities who were utilizing the space.