Thomas W. Curvin. P: E:
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1 ATTORNEY BIOGRAPHY Thomas W. Curvin Partner Atlanta P: E: Education J.D., magna cum laude, University of Notre Dame Law School, Lead Notes Editor, Notre Dame Law Review A.B., magna cum laude, University of Miami, Phi Beta Kappa Bar Admissions Georgia Background Tom Curvin, co-leader of the Eversheds Sutherland (US) Litigation group, defends property and casualty, life and health insurers in class action, coverage, and extra-contractual litigation in state and federal courts across the U.S. In recent years, Tom has defended insurance class actions involving homeowners insurance, premiums, claims practices, and coverage questions, commercial general liability coverages, automobile claims handling and coverage questions, medical payments coverages, catastrophe claims, and reinsurance, among other topics. In that capacity, Tom also has served as national coordinating counsel in mass tort litigation implicating various property and casualty insurance products. Outside the class action area, Tom represents insurers in bad faith and coverage litigation and counseling. Tom defends national and regional law firms in professional liability matters arising out of corporate transactions, franchising, securities, trusts and estate planning, and litigation, among other practice areas. These matters range from defending against claims of professional negligence to claims of aiding and abetting alleged Ponzi schemes. For more than 15 years, Tom also has advised automobile manufacturers on state regulatory and licensing issues and regularly defended them in federal and state court litigation, arbitrations, and administrative proceedings involving disputes with dealers, suppliers and customers. Tom s experience includes litigation stemming from add-point and relocation challenges, buy-sells, dealer candidate turndowns, sales performance and fraud-based terminations, and reverse discrimination claims. Experience Won dismissal of a putative nationwide class action brought by homeowners alleging that damage to their homes and personal property allegedly caused by defective Chinese manufactured drywall was covered under their homeowners insurance policies. Achieved favorable outcomes for stadium owners in challenges to nearly $600 million in public financing for the construction of two new professional sports stadiums in Atlanta. Secured dismissal of a putative class action against a major property and casualty insurer alleging that interest must be paid on all claims not resolved within 60 days after report dates.
2 PAGE 2 Won a directed verdict for a national property and casualty insurer in post-hurricane Katrina litigation involving part of a state-mandated residual wind pool a market of last resort for homeowners insurance on the Mississippi Gulf Coast. Secured dismissal of class action against an international law firm alleging that the firm aided and abetted a Ponzi scheme involving over $60 million in business opportunities. Won summary judgment for an automobile manufacturer against claims by a would-be dealership purchaser, who sued for millions in lost profits damages after manufacturer turned down the proposed transfer. Awards Recognized by The Legal 500 United States in the area of general commercial disputes ( ) Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of litigation: general commercial ( ) Selected for inclusion in Georgia Super Lawyers ( , ) Recognized as Lawyer of the Year by The Best Lawyers in America in the area of legal malpractice law - defendants (2016) Named to The Best Lawyers in America in the area of legal malpractice law defendants ( ) and insurance law ( ) Professional Activities Executive Committee Member and Founding Member, State Bar of Georgia Professional Liability Section Member, Georgia Defense Lawyers Association Member, Litigation Section, Torts Trial and Insurance Practice Section and Forum on Franchising, American Bar Association Member, International Association of Defense Counsel Member, Insurance and Reinsurance Committee, International Association of Defense Counsel Member, D.R.I. Professional Liability Steering Committee Member, Atlanta Bar Association Member, Federalist Society Atlanta Lawyers Division Member, Board of Directors, Boy Scouts of America Atlanta Area Council Member, Board of Directors, Atlanta Volunteer Lawyers Foundation (AVLF)
3 PAGE 3 Articles Big Data: Courts Put Regulators in the Driver s Seat (July 6, 2016) The Final Rule: DOL s Expanded Definition of Investment Advice Fiduciary Under ERISA and Revised Complex of Exemptions (April 12, 2016) Price Optimization: 2015 in Review and a Look Ahead (January 27, 2016) 2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015) A Sword of Damocles? Georgia s Offer of Settlement Statute, O.C.G.A (July 2015) Georgia Defense Lawyers Association Law Journal Price Optimization: Regulators Struggling with Big Data (June 8, 2015) Did Pennsylvania s High Court Just Open the Class Action Door? (February 2, 2015) High Court Opens Door To 5th Amendment Takings Cases (March 19, 2014) Practical Insights for Communicating with Outside Auditors (Fall 2012) Partnering Perspectives Honest Services Fraud: Skilling, Black, and Weyhrauch (July 2010) Reprinted with permission the ABA Section of Litigation, Professional Liability Committee by the American Bar Association Supreme Court Professional Liability Cases (April 2010) Reprinted with permission from Professional Liability, Annual Review, by the American Bar Association Evidence (1994) volume, Georgia Jurisprudence treatise Presentations Webcast: Supreme Court review/preview high court cases the business community should watch (October 4, 2018) Insurance Trends and Emerging Issues CLE Program (September 12, 2016) Big Data and Predictive Analytics: Lessons from the P&C World (May 16, 2016) Association of Life Insurance Counsel (ALIC) Annual Meeting Webcast: Insurance Litigation Trends to Watch in 2016 (February 18, 2016)
4 PAGE 4 Webcast: U.S. Supreme Court Review / Preview: High Court Cases Insurers Should Watch (September 24, 2015) Webcast: The Price Is Right? Predictive Modeling, Big Data and Price Optimization : Regulatory and Litigation Developments (May 12, 2015) Webcast: Insurance Litigation Trends to Watch in 2015 (February 10, 2015) Webcast: Real Life "Minority Report"? - Insurers Grapple With Big Data's Implications (January 13, 2015) Webcast: Black Hats, Firewalls and Data Loss: Insurers Confront Data Breach Litigation (December 9, 2014) Class Action Litigation and Supreme Court Decisions (July 1, 2014) Insured Retirement Institute Government Legal & Regulatory Conference Insured Retirement Institute (IRI) Litigation Summit (June 18, 2013) IRI Government Legal & Regulatory Conference IRI Retirement Plan Summit (June 25, June 26, 2012) Insured Retirement Institute Wal-Mart v. Dukes: Class Action Developments One Year Later (June 2012) Insured Retirement Institute (IRI) Government, Legal & Regulatory Conference Myth Busting: Attorney-Client Privilege and Work Product Doctrine (March 20, 2012) ACC Best Practices Committee Selected Risk Management and Ethics Issues, with November 2011 Georgia RPC Amendments (January 2012) ICLE Georgia Ethical Dilemmas and Malpractice Risks (December 2011) Attorneys Insurance Mutual of the South CLE Avoiding Claims / Best Practices (May 2011) ICLE Georgia The Attorney-Client Privilege and Work Product Doctrine: Myths and Realities (April 2011) CLE Selected Ethics and Professionalism Issues (February 2011) Georgia Association of Black Women Attorneys CLE Court Admissions Court of Appeals of Georgia State Courts of Georgia
5 PAGE 5 Supreme Court of Georgia U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the Federal Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for Veterans Claims U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia U.S. District Court for the Southern District of Georgia U.S. District Court for the District of Colorado U.S. Supreme Court Clerkships Honorable C. Roger Vinson, U.S. District Court - Northern District of Florida.
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