About

Craig H. Kuglar, Founding Partner

B.A. Emory University
J.D. The University of Georgia School of Law

The Law Office of Craig H. Kuglar, LLC, Atlanta, GA 2009-Present
Alston & Bird, LLP,  New York, NY 2005-2008
Alston & Bird, LLP,  Atlanta, GA 1999-2005

Member of the Georgia and New York Bar

Beth Williams, Executive Director

Clients

Who Relies on Kuglar Law?

Kuglar Law represents a select number of clients in important arbitration and litigation matters.  Kuglar Law leverages technology, third party service providers and strategic partnerships with other attorneys to quickly expand or contract our practice to meet the needs of any particular matter.

Clients include individuals, FINRA broker/dealers, and alternative investment funds.

Arbitration

Arbitration forums present an opportunity for parties to resolve disputes in an efficient and economical manner outside the court system.  Kuglar Law regularly represents parties in proceedings before the Financial Industry Regulatory Authority (FINRA), National Futures Association (NFA), and American Arbitration Association (AAA). Kuglar Law is a member of the Atlanta International Arbitration Society.

Experience

  • AAA – In 2013, Kuglar Law recovered funds invested by Atlanta-based angel investors in a local technology fund. The angel investors alleged that materials provided prior to their investment were false and misleading. The AAA arbitrator awarded the angel investors the return of their entire investment.
  • FINRA – During 2012 and 2013, Kuglar Law defended a broker-dealer in multiple FINRA actions brought by investors in a failed hedge fund. The general partner of the hedge fund allegedly raised in excess of $40 million from investors in Georgia and Florida. The fund failed after suffering massive trading losses.
  • FINRA – In 2011, Kuglar Law obtained a $3.6 million award against Deutsche Bank on behalf of a former Deutshce Bank broker.  The arbitration was heard before a three person arbitration panel in Atlanta, Georgia.  The award included $1.6 million in punitive damages.
  • AAA – In 2010, Kuglar Law obtained a multi-million dollar settlement on behalf of clients in a case arising from the repurchase of stock in Atlanta-based private company.  Kuglar Law represented the clients in three separate AAA arbitration proceedings and two Georgia Superior Court actions.  The firm’s efficient use of technology allowed the team to quickly identify key e-mails at minimal cost.
  • NFA – In 2010, Kuglar Law obtained a $1,850,000 Award on behalf of an Atlanta-based hedge fund against the General Partner of a commodities futures fund in a case tried before the National Features Association in New York City.
  • FINRA – In 2010, Kuglar Law obtained a $270,000 award on behalf of a New York based broker-dealer against its former registered representative after a five-day hearing in New Orleans.
  • FINRA – Kuglar Law represents a New York based broker-dealer and its registered representatives in multiple FINRA arbitrations/lawsuits across the country.
  • FINRA – Kuglar Law represents individual securities professionals in arbitrations relating to compensation with member firms.  These cases involve the repayment of promissory notes and/or promised bonuses.

Securities Litigation

Craig was a member of Alston & Bird, LLP’s Securities Litigation Practice Group from 1999 to 2008. Craig’s securities litigation experience includes representing both plaintiffs and defendants in securities cases, representing companies and/or their executives in internal investigations, and representation of clients before the United States Securities & Exchange Commission and state securities commissioners.

Experience

  • Kuglar Law is currently representing international hedge fund investors from Monaco and Canada who applied to invest $5 million in a hedge fund shortly before it suffered massive losses. The suit, pending in Cook County, Illinois, alleges that the general partner of the fund improperly converted the investor money and misrepresented the fund mandate.
  • Kuglar Law is currently representing an Atlanta-based hedge fund investor in a suit in Fulton County, Georgia. The action alleges that the general partner of the fund violated fund documents pertaining to withdrawals and lock downs.
  • Kuglar Law is currently representing father and son investors in a suit against their former financial planner in Rome, Georgia. The investors allege that their financial planner mismanaged $10 million in assets they obtained from a mineral rights trust.
  • Kuglar Law is currently representing an Atlanta-based liquor distributor in a derivative action brought by the company’s 50 percent shareholder.
  • In 2013, Kuglar Law obtained a confidential settlement on behalf of a minority shareholder of a life sciences company. Kuglar Law represented the client in three separate lawsuits in Virginia and Delaware.
  • In re Prestige Brands Holdings, Inc. Securities Litigation (S.D.N.Y.) (Counsel to Company), In re Tyco (Counsel to divisional CFO in SEC proceedings), In re Enron Corp. (Counsel to Bankruptcy Examiner), In re Adelphia MDL (S.D.N.Y.) (Counsel to public company accused of aiding/abetting Adelphia), In re Pharmerica, Inc. Securities Litigation (M.D. Fl.) (Counsel to Company) and In re Highwoods, Inc. Securities Litigation (D. Kan.) (Counsel to Company).

Publications

Impact of Federal Rule of Civil Procedure 23(f) on Securities Class Action Litigation,” Securities Litigation: Forms & Analysis.

Co-author, “Litigating Under the Private Securities Litigation Reform Act: Practical Thoughts on Key Issues,” The Trial Lawyer, Vol. 24, 168-180.

D&O Coverage

Kuglar Law represents individual and corporate insureds in connection with coverage under D&O policies.  Even if coverage is deemed to exist, disputes over retention amounts and payment of defense costs may require attorney representation.

Experience

  • Successfully negotiated $1 million in coverage for a former CEO indicted for wire/bank fraud under D&O policy.  Issues include the Self-Insured Retention amounts and applicability of various exclusions.
  • Counsel for Plaintiff in federal suit against D&O carrier that refused to provide Defense Costs under D&O policy.  Issue of first impression relating to application of the “in fact finding” language in the policy.  Currently handling appeal to the United States Court of Appeals for the Fourth Circuit Court of Appeals.
  • Serving as insurance coverage counsel to former D&Os of failed Georgia bank in FDIC suit.
  • Currently representing former D&Os of failed bank in connection with insurance coverage in potential FDIC suit.
  • Advising current D&Os of financial institutions in connection with D&O insurance coverage and changes resulting from policy renewal terms, changes in control, and governmental liquidation.

White Collar Crime

Craig has experience dealing with government investigation and enforcement matters with an emphasis on securities related matters.  Craig has experience defending clients through all phases of regulatory and criminal proceedings.

SEC/State Securities Commissioners.

Craig has defended numerous entities and individuals before federal and state regulatory bodies, including the United States Securities and Exchange Commission, Georgia Securities Commissioner, National Association of Securities Dealers, New York Stock Exchange, and Financial Industry Regulatory Authority.

Internal Investigations.

Craig has led and/or participated in numerous internal investigations.  For instance, Craig represented a special committee of the Board of Directors of a biopharmaceutical company investigating the issuance of stock options.  Craig interviewed key witnesses (including the CEO), reviewed documents, reported to the Board of Directors and advised on disclosure language for inclusion in the Company’s public filings.

Enforcement, Defense and Representation.

Craig also defends entities and individuals in criminal proceedings.  For instance, Craig represented an investment advisor charged with numerous criminal violations pertaining to an investment program resulting in complete acquittal.  Craig also represented this investment advisor in parallel regulatory proceedings with the Securities and Exchange Commission, an investigation by the Georgia Securities Commissioner, and secured dismissal of a class action filed by the alleged victims.

Class Actions

The class action permits a group of plaintiffs who have suffered a similar wrong to bring a single suit.  The suit is controlled by the “lead plaintiff,” who acts as a fiduciary on behalf of the members of the class.  The key ruling in a class action is the class certification order, when the Judge determines whether the case meets the multiple procedural requirements for proceeding as a class action.

Craig has acted as counsel in numerous nation and statewide class action lawsuits and has published articles on important developments in the field.

Experience

  • Represented Fortune 500 insurance company in New York state court class action alleging fraudulent and deceptive marketing of child term riders.
  • Successfully defeated class certification in nationwide class action brought by funeral home directors against insurance company pertaining to the sale of pre-need burial insurance policies.
  • Represented furniture manufacturer in nationwide class action pertaining to allegedly deceptive marketing materials.
  • Represented numerous public companies in securities class action matters.

Publications

Impact of Federal Rule of Civil Procedure 23(f) on Securities Class Action Litigation,” Securities Litigation:  Forms & Analysis.

Contact

The Law Office of Craig H. Kuglar, LLC
Securities Arbitration and Litigation
309 N. Highland Ave. NE Suite A
Atlanta, GA 30307
Phone: 404.432.4448
Fax: 404.393.8007

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