Atlanta, Georgia 3030
is a partner in the firm’s Business Litigation Practice Group. His practice focuses on complex commercial litigation, particularly the defense of consumer and securities class action lawsuits.
Consumer Class Actions
Mr. Chally has successfully represented businesses in consumer class actions filed in federal courts across the country, including litigating class actions in the United States Courts of Appeals for the Third, Fourth, Seventh, Eighth, Ninth, and Eleventh Circuits, and United States District Courts in Georgia, South Carolina, Florida, Alabama, Massachusetts, New Jersey, New York, Pennsylvania, Ohio, Illinois, Minnesota, Missouri, Texas, and California. Mr. Chally has also defended class actions in state courts, including in jurisdictions that are notoriously hostile to corporate defendants.
These matters, in which Mr. Chally has represented companies such as The Home Depot, U.S.A., Inc., Wal-Mart Stores, Inc., NBC Universal, and General Electric Corp., often involve claims asserted under state consumer protection laws, claims for breach-of-contract, unjust enrichment, and fraud. Mr. Chally has extensive experience litigating jurisdictional issues associated with these class actions, managing discovery, as well as briefing and presenting oral argument regarding motions to dismiss, class certification, and summary judgment matters.
His recent experience includes:
Lead associate representing the home improvement specialty retailer in consumer class actions across the country, recent results include four cases dismissed at pleadings stage, three cases dismissed on summary judgment, and two cases in which class certification was denied;
Lead associate representing leading entertainment companies in putative class action challenging defendants’ alleged improper advertising and promotion techniques, case dismissed at pleadings stage following certification of issues to Supreme Court of Georgia;
Lead associate representing the largest provider of payday cash advance services in seven consumer class actions challenging business practices in South Carolina, cases resolved by class-wide settlement;
Lead associate representing the leading discount retailer in five civil matters brought by Alabama district attorneys, cases dismissed by trial court and affirmed on appeal to Supreme Court of Alabama;
Member of team representing pharmaceutical company in six consumer class actions across the county, lead associate assisting in nationwide settlement of matter in federal court.
Shareholder Class Actions and Related Litigation
Mr. Chally also specializes in defending parties in shareholder-related litigation, particularly class actions, and governmental investigations regarding alleged violations of the securities laws. Among other shareholder matters, Mr. Chally has successfully represented defendants in litigation challenging corporate mergers and acquisitions, including in multiple recent matters where courts, including the Delaware Court of Chancery, denied attempts to enjoin significant corporate transactions.
His recent experience includes:
Lead associate representing major food retailer in eight separate matters challenging proposed merger with strategic buyer, motion for preliminary injunction withdrawn on eve of hearing;
Lead associate representing a leading manufacturer of paperboard, containerboard, consumer and corrugated packaging and merchandising displays in litigation challenging $3.5 billion acquisition, motion for preliminary injunction denied by Delaware Court of Chancery;
Lead associate representing directors and officers of armored-vehicle producer in litigation challenging acquisition by strategic buyer, motion for preliminary injunction denied;
Lead associate representing the leading integrated pharmacy services provider in securities-related litigation;
Member of team representing former officers and directors of failed financial institution in securities litigation;
Member of team representing leading provider of wireless and broadcast towers in both securities litigation and derivative lawsuits following investigation of special committee of board of directors;
Lead associate representing director of publicly traded company in SEC investigation alleging improper stock trading.
Complex Commercial Litigation
Finally, Mr. Chally has significant experience in other forms of complex commercial litigation, including representing lawyers and law firms in professional liability litigation, representing parties in various forms of real estate disputes, and in high-stakes breach-of-contract matters. Some notable examples of Mr. Chally’s recent experience include:
Lead associate representing national law firm in malpractice action;
Lead lawyer representing operator of natural gas pipeline in disputes related to acquisition of property and pipelines in Georgia, recent results include litigation and negotiation with owners of over eighty parcels to procure necessary property interests and allow for timely completion of $500 million pipeline construction project;
Member of team representing largest manufacturer, distributor and marketer of nonalcoholic beverage concentrates in breach-of-contract dispute with affiliate companies.
Mr. Chally has published various articles and been a featured speaker, particularly on matters related to class actions. Recent examples include:
Co-author of CAFA In The Eleventh Circuit: One Step Forward, Two Steps Back, published and presented in connection with ICLE’s 2010 Class Action Program;
Co-author of Georgia and South Carolina chapters of ABA State Antitrust Practice and Statutes;
Co-author of class action chapter of pharmaceutical litigation treatise;
Co-author of Frederico v. Home Depot: The Third Circuit Clarifies The Removal Burden For CAFA Defendants, But Is The Burden Still Too High?, published in Defense Counsel Journal.
Mr. Chally received his law degree from Vanderbilt University Law School in 2004. During law school, Mr. Chally was a Dean’s Scholar, served as the Executive Editor of the Vanderbilt Law Review, and published a Note entitled “The Law of Trade Secrets: Toward A More Efficient Approach.” Mr. Chally graduated, magna cum laude, from the University of North Florida with a BBA in Economics and Financial Services, where he was a member of Phi Kappa Phi and Beta Gamma Sigma.
Mr. Chally is a member of the State Bar of Georgia and the American Bar Association.
|Areas of Practice||1) Contracts and Business Torts and 2) Class Action|
|Law School||J.D., Vanderbilt University|
|Education||B.B.A., magna cum laude, University of North Florida|
|Bar Member / Association||State Bar of Georgia, American Bar Association|
|Most recent firm||King & Spalding LLP|
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