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CONTACT CASE MANAGER

Hon. Stanley F. Birch , Jr. (Ret.)

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    Biography
    General Biography
    Practice Areas & Industries
    Bankruptcy
    Business Commercial
    Employment Law
    Governmental & Public Agency
    Health Care
    Insurance
    Intellectual Property
    Personal Injury
    Honors, Memberships, and Professional Activities
    Background and Education

    Hon. Stanley F. Birch, Jr. (Ret.) served as a United States Circuit Judge on the Eleventh Circuit Court of Appeals for more than 20 years. During that time Judge Birch authored over 3,000 opinions for the court and participated in over 11,000 opinions as a panel member. Prior to service on the court, Judge Birch was an active trial attorney in private practice focusing on intellectual property and tax matters. Judge Birch’s book, A Unified Theory of Copyright, co-authored with Professor L. Ray Patterson, was published in 2009. As a result of his deep knowledge of the law and extensive background as an advocate and jurist, he has appeared as an expert witness on United States law (both state and federal) before tribunals in London, Oslo, Singapore, Munich and Toronto. In addition to his laudable mediation and arbitration experience, Judge Birch is also sought after to preside over mock trials and oral arguments. He has been appointed as a Special Master by state and federal courts. 

    ADR Experience and Qualifications

    • Registered neutral with the Georgia Office of Dispute Resolution
    • Has conducted numerous mock trials and mock arbitrations in both domestic and international cases, has heard many mock oral arguments and served as a neutral evaluator to conduct appellate reviews
    • Instrumental in establishing the mediation office at the United States Court of Appeals for the Eleventh Circuit
    • Participated in the resolution of hundreds of civil disputes as reflected in the areas of law indicated below
    • Has heard hundreds of oral arguments before the Eleventh Circuit and has participated in numerous law school moot courts

    View Hon. Stanley F. Birch, Jr.'s (Ret.) representative matters handled as a judge by clicking here.
     

    Judge Birch has resolved hundreds of matters as a neutral and the below is just a sampling of the types of cases he has handled:

    Representative Matters

    • Bankruptcy
        • Served as special purpose examiner appointed by the bankruptcy court in AstroTurf, LLC vs. FieldTurf
        • Has handled a number of mock arguments involving bankruptcy matters
        • Presided over a moot court argument involving a bankruptcy appeal
        • Mediated a complex financial dispute alleging fraud by auditors which included bankruptcy issues
    • Business Commercial
        • Handled a court reference matter between a construction company, subcontractors, and a large metro school district alleging breach of contract
        • Appointed as Special Master in a dispute between an electric membership corporation and its members
        • Served as arbitrator in a number of business/commercial disputes involving issues such as unfair competition, false advertising, defamation, slander, tortious interference
        • Arbitrated cases involving various types of contracts including purchase and sale agreements, operating agreements, vendor/supplier agreements, procurement contracts, licensing agreements, construction contracts including scope of work documents, commercial leases, and settlement agreements
        • Arbitrated a number of consumer matters involving various banks
        • Arbitrated many cases involving debt collection
        • Arbitrated many cases alleging violations of the Telephone Consumer Protection Act (TCPA)
        • Arbitrated breach of contract dispute regarding sponsorship fees totaling $8 Million
        • Arbitrated a dispute regarding an alleged Ponzi scheme that involved allegations of unjust enrichment and violations of the uniform Fraudulent Transfer Act
        • Arbitrated a breach of contract dispute involving a tax professional employment agreement which involved alleged violations of the Georgia Trade Secrets Act
        • Arbitrated a matter involving the ownership interests in a restaurant chain between a divorced couple
        • Arbitrated a breach of contract dispute over a commercial loan to an aviation company
    • Employment Law
        • Has arbitrated various types of employment disputes involving issues including misappropriation of trade secrets, executive compensation, FMLA, ADA, Title VII, FLSA, wage & hour, wrongful termination, discrimination, retaliation, harassment, and negligent supervision
        • Served on a moot panel involving a breach of employment contract matter
    • Global Engineering & Construction
        • Arbitrated an international construction matter involving disputes over scheduling and project delays
    • Governmental & Public Agency
        • Appointed as Special Master in a matter between a county and a number of cities regarding the funding of governmental functions
        • Appointed as Special Master in a class action dispute in which claimants were seeking refunds from a city’s electric power utility company
        • Handled a neutral evaluation involving a city tax issues dispute
        • Mediated matters involving inverse condemnation and zoning disputes
    • Health Care
        • Has handled mock arguments and served as a neutral evaluator in False Claims Act cases involving health care fraud
        • Arbitrated a premises liability matter involving a nursing home facility
    • Insurance
        • Has heard mock appellate argument and served as a neutral evaluator in various cases involving insurance issues
        • Arbitrated a matter between a hospital and an insurance carrier regarding coverage issues
    • Intellectual Property
        • Has heard many mock arguments and presided over mock trials involving copyright, trademark, trade dress, trade secrets, and patents
        • Appointed as Special Master in a trademark infringement case to determine accounting of profits, damages, and attorney’s fees
        • Has mediated a number of Lanham Act trademark and trade dress infringement cases
        • Mediated a number of trademark disputes between a major national airline and various individuals and travel companies allegedly misappropriating the airline’s registered mark for profit
        • Mediated many patent infringement cases
    • Personal Injury
        • Served as a Neutral Evaluator on a product liability matter
        • Has arbitrated many professional liability and medical malpractice disputes involving nursing homes and long-term care facilities
        • Arbitrated and mediated professional liability claims against a law firms and lawyers

    Honors, Memberships, and Professional Activities

    Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS. 

     
    • Recognized by Best Lawyers as one of the Best Lawyers in America for ADR, 2015-2025
    • Recipient, Intellectual Property Legends Award, presented by the Georgia Institute of Technology, the Georgia State University Colleges of Business and Law, the Georgia Research Alliance, and the Intellectual Property Sections of the State Bar of Georgia and the Atlanta Bar Association, 2009
    • Recipient, Leadership Award, Atlanta Bar Association, 2008
    • Distinguished Alumnus of Calvert Hall (Baltimore) and The Emory University Law School, 2002
    • Fellow, Academy of Court-Appointed Special Masters
    • Fellow, Georgia Bar Foundation
    • Member, State Bar of Georgia, the Atlanta Bar Association, the Gainesville-Northeastern Bar Association, the Old Warhorse Lawyers Club, and the Lawyers Club of Atlanta
    • Member, Georgia Supreme Court Indigent Defense Commission, 2000-2002
    • Former member, Board of Governors of the State Bar of Georgia, of the Board of Directors of the Georgia Legal Services Program, and of the Board of Directors of the Federal Defender Program for the Northern District of Georgia
    • Frequent speaker, including at the 36th Annual Donald C. Brace Lecture on the law of copyright, New York University School of Law, November 2006
    • Publications
      • Co-author, A Unified Theory of Copyright, 46 Houston Law Review, 215-399, 2009
      • Co-author, Copyright and Free Speech Rights, 4 Journal of Intellectual Property Law, Fall 1997
      • Author, Copyright Protection for Attorney Work Product, National Law Journal, 23 January 1989

    Background and Education

    • Judge, United States Court of Appeals, Eleventh Circuit, 1990-2010
    • Partner, Vaughan, Davis, Birch & Murphy, Atlanta, GA, 1985-1990
    • Partner, Birch, Hartness & Link, Gainesville, GA, 1983-1985
    • Partner, Deal, Birch, Jarrard & Link, Gainesville, GA, 1976-1983
    • Board of Directors, Original Appalachian Artworks, Inc. (owner and licensor of The Cabbage Patch Kids® copyrights and trademarks), 1979-1988
    • LL.M, Master of Law in Taxation, Emory University School of Law, 1976
    • Law Clerk, Chief Judge Sidney O. Smith, Jr., U.S. District Court Northern District of Georgia, 1972-1974
    • First Lieutenant, United States Army, 1970-1972 (Vietnam service, 5th Special Forces)
    • J.D., Emory University School of Law, 1970
    • B.A., University of Virginia, 1967
    Counsel Comments
    • “I give him high marks for legal ability.” 

      “He is a bright man with a comprehensive knowledge of the law.” 

      “He treats all with respect.” 

      - Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010
    • As to Judge Birch’s legal ability. “He is smart. I give him high marks for legal ability. He's a really good judge.” “He is very bright and knows the law.” “He has a very high level of legal ability.” “He is a very smart man, and an even smarter judge.” “He is an extremely bright man. He understands the practical side of being a lawyer.” “He is reasonably intelligent, with above average legal skills. He is a very good judge.” “He is extremely smart.” “He is a bright man with a comprehensive knowledge of the law.” 

      - Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010
    • As to Judge Birch’s courtroom demeanor. “His courtroom demeanor could not be better. He treats all with respect. Be prepared and follow all the rules.” “He has a good courtroom demeanor.” “He has the perfect decorum in the courtroom. He is a formal presence on a panel. He is nice and gets along well with lawyers.” “He is very formal on the bench. He has a good relationship with lawyers, but do not ever try and fool him.” “He is very congenial and not at all mean spirited.” “He is engaging and polite.” “He is courteous and has a good sense of humor.” “He is a jovial man.” “He has a perfect courtroom demeanor.” “He knows how to treat people.” 

      - Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010
    • As to Judge Birch’s style of questioning. “He stays on point in questioning and is very active. I am pleased with his grasp of cases and am always glad to see him on my panel.” “He likes to engage lawyers in legal banter. Know your case and treat the panel with respect. His questions are on the record and the law and he is active in his approach.” “He is not pushy at all. He asks very direct questions to which he expects answers in a non-evasive manner. His questions are always factual.” “Do not ever try and be evasive with him. Be prepared and know the law. His questions are always on the record and the law and he is active.” “He asks a lot of questions, all on the facts. He has a good time with legal banter with lawyers. He asks the right questions.” “Be prepared and know your case. He is never a trailblazer in his position. His questions go wherever he feels they have to. He is fairly active.” “He treats lawyers very fairly. Be overly prepared, he knows your case better than you know it. He is active and asks questions that are on point.” “If you take an unreasonable position he might browbeat you. He is result-oriented and has his mind made up going in. He is very active.” 

      - Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010
    • As to Judge Birch’s written opinions. “He writes good opinions in a scholarly manner.” “His opinions are succinct and well versed.” “He writes very conservative opinions.” “He issues well reasoned, scholarly opinions.” “His written opinions are right on the money.” “He writes opinions that stay on point and are not overly verbose.”

      - Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010 
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