Spence Johnson
Spence Johnson
Athens
Georgia (GA)
Business Litigation
Personal Injury Plaintiff: General
Estate & Trust Litigation
Profile
Spence Johnson is a trial attorney with broad-based litigation experience at all levels of the state and federal trial and appellate courts. Spence has been recognized for his ability to settle disputes both inside of the courtroom and out. Spence has been selected by Law and Politics magazine as a Georgia Super Lawyer Rising Star for 2009 and 2011. This honor recognizes lawyers under 40 years of age and is awarded to no more than 2.5% of the lawyers in Georgia in that age group. In 2010, Spence received a Martindale-Hubbell Peer Review Rating of “AV® Preeminent™” from his fellow attorneys and judges. This rating was Spence’s first from the prestigious Martindale-Hubbell service and is the highest that an attorney can receive. The rating denotes “Preeminent” legal abilities and very high ethical standards.
Since the first day of his practice, Spence has represented individuals who suffer physical, mental, and economic harm due to the wrongful acts of others. In addition to his focus on automobile and trucking collisions, he has obtained favorable five, six and seven figure results for clients in cases of hazardous premises conditions, defective products, invasions of privacy, defamation, and a wide range of other wrongs.
Spence also employs his business background in representing companies and individuals in a wide range of commercial disputes and litigation. He has substantial experience in matters of commercial loan disputes, breach of contract, non-competition agreements, landlord-tenant disputes, franchisee-franchisor relations, government purchasing disputes, Uniform Commercial Code disputes, debt collections, employee relations, and a other business matters. Spence has extensive experience representing real estate developers in efforts to resolve commercial loan disputes through litigation, arbitration, and voluntary resolution processes such as mediation. As of December 2010, Spence represented developers in such disputes with an aggregate indebtedness of approximately $30 million.
Spence is also an experienced probate and estate litigator, including the representation of clients in will contests, years support issues, accounting, inventory, annual returns, intestate proceedings, and all other aspects of the estate administration process.
Spence also has substantial experience in the field of employment law. He has litigated on behalf of clients in matters arising under Title VII, the False Claims Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act and Georgia law. As part of his employment law practice, Spence frequently counsels clients on separation of employment issues and severance packages.
After receiving a B.B.A., with honors, from the Terry College of Business at the University of Georgia in 1998, Spence went on to earn a J.D. and M.B.A. in 2002 from the Georgia State University College of Law and J. Mack Robinson College of Business. He has experience starting and running a small business, including real estate ventures in the Athens, Georgia area. From 2007 through 2010, he sat on the Board of Managers of the Terrapin Beer Company, a regional microbrewery headquartered in Athens. During Spence’s tenure on that board, Terrapin opened a 48,000 square foot manufacturing facility in Athens, expanded its geographic footprint beyond the southeast, and increased sales at an industry-leading rate.
While at Georgia State University, Spence served as an intern at the U.S. Securities and Exchange Commission’s Atlanta Divisional Office and as a research assistant to noted tax professor Ronald Blasi. He is a member of the American Bar Association, Georgia Trial Lawyers Association, American Association for Justice, and the State Bar of Georgia.
In 2011, Spence will serve as the President of the Chattahoochee American Inn of Court and sit as the District 9 Vice President for the Georgia Trial Lawyer’s Association. He sits on the Board of Trustees for the Athens Twilight Foundation, Inc. and the board of directors for the alumni corporation of the Delta Beta chapter of Theta Chi Fraternity and sat on the first Board of Trustees of the Oak Grove Assembly Homeowner’s Association, Inc. He lives in Athens, Georgia with his wife, Cress and his daughters, Read and Wells. He attends the First United Methodist Church in Athens, where he serves as an usher. He has been an amateur newspaper columnist on a wide range of issues. Spence is also a lover of the outdoors and enjoys cycling, backpacking, jogging, and paddling.
Selected To
Georgia Rising Stars 2011
Georgia Rising Stars 2009
About Spence Johnson
Admitted: 2002, Georgia
Professional Webpage: www.orrbrownjohnson.com/attorneys/spence-johnson.html
Honors and Awards:
- Mentor - Transition Into Law Program, State Bar of Georgia, 2009
- Peer Review Rating of AV® Preeminent, Martindale-Hubbell, 2010
Bar/Professional Activity:
- District 10 Vice President, Georgia Trial Lawyers Association 2009-11 (re-nominated for District 9 in 2011)
- Chattahoochee Inn of Court (Vice President, 2010; President, 2011)
- Georgia State Bar, Younger Lawyers Division, Litigation Committee
- Gainesville-Northeastern Circuit Bar Association, 2002
- Western Circuit Bar Association, 2007
Pro bono/Community Service:
- Athens Twilight Foundation, Board of Trustees - Board of 501(c)(3) non-profit that hosts the annual Twilight Criterium bicycle race in Athens, GA and raises funds to promote health and fitness initiatives in northeast Georgia. , 2010
- Co-Sponsor of Athens-Clarke County Peoples' Law School, a free series of informative sessions designed to make citizens aware of basic legal issues and obligations that face them in their everyday lives., 2010
Scholarly Lectures and Writings:
- Presenter, The Art of the Engagement Letter and Closing Letter, Annual Convention, State Bar Of Georgia, 2007
- Moderated a prosecution/defense panel discussion on criminal law issues. , Moderator, Athens-Clarke Peoples Law School , 2010
- Presented on employment law issues for citizens at free-of-charge series of seminars on everyday legal issues facing the general public. , Presenter, Athens-Clarke Peoples Law School - employment law presenter , 2010
- Presenter, Social Networking and its Effect on the Litigaton Process, Chattahoochee Inn Of Court, 2010
- Gave commentary and perspective on lender liability issues as panelist at Boardroom Challenges seminar co-sponsored by the Community Bankers of Georgia and Glass Ratner Investment Advisory & Captial. The seminar was attended by high level banking executives., Panelist, Boardroom Challenges Seminar, Community Banker's Association Of Georgia, 2011
Verdicts and Settlements:
- $512,741.00 jury trial verdict in fraud/conspiracy case. Gastroentorology Associates of Gainesville, PC v. Ray; Superior Court of Hall County, Georgia. This case involved allegations that the defendant husband had conspired with his defendant wife to embezzle and convert over $500,000 from the plaintiff medical practices over a 10 year period. There was an additional allegation that one defendant had fraudulently transferred property to his son to avoid the plaintiffs' claims. Orr Brown Johnson LLP obtained a full victory for the plaintiffs, including a verdict in the full amount that the jury was asked to return ($512,741) and a set aside of the alleged fraudulent transfers. Among the evidence presented at trial was complex expert statistical testimony from a PhD mathemetician pertaining to the defendants' lottery winnings and probable amounts spent to obtain those winnings. Among the defense attorneys was a former Attorney General of the State of Georgia and the former District Attorney for one of the largest counties in Georgia. A news story on this verdict can be viewed at: http://www.gainesvilletimes.com/news/archive/26248/, 2009
- Successful defense of $7,000,000 lawsuit alleging fraudulent transfers. A large regional lender sued client for over $7,000,000 on defaulted commercial loans. The lender also claimed that the client fraudulently transferred property in violation of the Uniform Fraudulent Transfers Act. The case ws vigorously defended the claims for nearly two years, gathering hundreds of pages of documents in discovery and deposing corporate representatives from the bank to test the bank’s claims. After a protracted and vigorous defense, the case was resolved at mediation on very favorable terms., 2009
- Successful defense of $9,000,000 commercial loan lawsuit. A large national lender sued clientfor a judgment of over $9 million on several commercial loans. After a thorough and detailed investigation, OBJ asserted a successful counterclaim that the lender breached the implied covenant of good faith and fair dealing in making one of the loans at issue. The case was pending for over two years, with OBJ defeating the bank’s efforts to have the court dismiss the client’s defenses and give the bank a final judgment. With a jury trial on looming on the issue of whether the bank breached the implied covenant of good faith and fair dealing, OBJ’s clients were able to settle with the bank on very favorable terms after a long an difficult negotiation., 2009
- $1,000,000 settlement arising out of automobile collision in a very conservative North Georgia venue. OBJ achieved this million-dollar settlement less than one year after filing the complaint on its client’s behalf. Shortly after OBJ was retained in this case, the at-fault driver’s insurer claimed that only $100,000 in insurance applied to the collision and offered that amount in settlement. OBJ discovered an additional $1,000,000 in coverage, and the lawsuit ultimately settled for that amount. (January 2011), 2011
Transactions:
- LLC Asset Purchase, $2,000,000. Client was attempting to purchase a medical supply company owned by a competitor. The client had received documentation that was inconsistent with the terms the parties had reached. OBJ was able to bring the deal back to its original terms and do so in a manner that preserved favorable tax treatment and compliance with a complex thicket of federal regulations., 2010
- Commercial loan arbitration workout, $2,700,000 loan. An arbitration proceeding was brought by a regional lender against firm’s clients to enforce a real estate development debt of approximately $2.7 million. The loan was badly “underwater” due to depressed real estate values. The bank also sued one of firm’s client in state court alleging fraudulent transfers of property to avoid the same debt. Firm was able to move the entire matter to a mediation, where an innovative settlement structure was utilized that released the clients from the debt for a payment that was a small fraction of the debt while retaining their rights in the collateral with an incentive to maximize the sales price of the collateral., 2010
- Commercial loan workout, $4,800,000 loan. Client was “on the hook” for a loan with a balance due of over $4.8 million and that balance was growing quickly because of a draconian interest rate. The loan had been sold from one lender to another, and the lenders had competing claims in litigation. Firm worked aggressively to sort through the claims of competing lenders. Once the proper lender was determined, firm negotiated a highly beneficial resolution package in which the client was released from liability for consideration of less than half the loan balance., 2010
- Commercial loan workout, total package in excess of $700,000. Frim’s client was in default on indebtedness of over $700,000, with that debt being tied to the client’s home through an alleged “dragnet” provision. The client had substantial equity in the home, which was in danger of being lost through a “cross default” and foreclosure. Firm was able to locate and leverage language in the loan documents to defeat the “dragnet” provision. The client was then allowed to refinance the house and avoid foreclosure. The remaining indebtedness, which was badly “underwater” due to depressed collateral value, was subsequently settled by a deed in lieu of foreclosure and a single cash payment that was a small fraction of the total debt. (June 2011), 2011
- Commercial loan arbitration workout, $2,700,000 loan. An arbitration proceeding was brought by a regional lender against firm’s clients to enforce a real estate development debt of approximately $2.7 million. The loan was badly “underwater” due to depressed real estate values. The bank also sued one of firm’s client in state court alleging fraudulent transfers of property to avoid the same debt. Firm was able to move the entire matter to a mediation, where an innovative settlement structure was utilized that released the clients from the debt for a payment that was a small fraction of the debt while retaining their rights in the collateral with an incentive to maximize the sales price of the collateral., 2011
Educational Background:
- BBA, International Business, Terry College of Business, University of Georgia, 1998
- MBA, J. Mack Robinson College of Business, Georgia State University, 2002
- JD, Georgia State University College of Law, 2002
Why Uninsured/Underinsured Motorist Coverage is Important to You
This article provides non-lawyers with practical advice regarding the function and importance of uninsured/underinsured motorist coverage in Georgia, including recent updates in Georgia's UM/UIM statute.
Industry Group(s): Auto And Trucking Collisions
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