Mike Caplan’s practice focuses on complex business litigation, including class actions, antitrust, securities, and constitutional litigation in state and federal courts. He was recently recognized as a “Rising Star” by Law & Politics and Atlanta magazine, which honors up-and-coming attorneys in the state of Georgia.
Mike has often been called on to serve as trial and appellate counsel in cases requiring a business perspective. He has successfully prosecuted and defended large corporations, small business, and individuals in disputes arising out of complex business transactions, including mergers, price-fixing allegations, joint venture agreements, securities transactions, and commercial leases. Mike has also handled a range of employment cases on behalf of both employers and employees. A skilled advocate with a strong background in business, Mike has an M.B.A. from the University of Georgia in addition to his law degree.
Mike has also developed a diverse appellate practice, having argued and won cases in both the state and federal appellate courts. While in law school, Mike won the National First Amendment Moot Court Competition. Mike was also honored with a Best Oralist Award in the National American Bar Association Moot Court Competition, in which his team placed 2nd of over 200 teams nationwide.
Apart from his business practice, Mike has been recognized for his work in important and precedent-setting constitutional and civil rights cases. For his work in Flournoy v. State, which led to significant reforms to Georgia’s indigent defense system, Mike was honored with the Southern Center for Human Rights’ inaugural Gideon’s Promise Award. Mike is also co-counsel to a class of foster children in Kenny A v. Perdue, which was ultimately prosecuted in the Supreme Court of the United States. Mike has also been asked to represent and advise lawyers and judges in sensitive matters involving election law, professional conduct, and criminal justice.
Following law school, Mike served as a law clerk to the Honorable Richard W. Story in the United States District Court in Atlanta. Mike also serves as a member of the Indigent Defense Committee of the Georgia State Bar and the Antitrust Section of the Georgia State Bar. Mike is a member of the Board of Directors of the Southern Center for Human Rights.
Representative Work
Antitrust
Successfully defended a large health services provider by achieving dismissal of an antitrust enforcement action brought by the Federal Trade Commission to enjoin the $195 million acquisition of Palmyra Medical Center. See F.T.C. v. Phoebe Putney Health System, Inc., 793 F.Supp.2d 1356 (S.D. Ga. 2011).
Representing a class of insulation contractors in a private antitrust action alleging price-fixing in the sale of insulation. See Columbus Drywall & Insulation v. Masco Corp., 258 F.R.D. 545 (N.D. Ga. 545)
Securities
Secured a confidential settlement representing TASER International, Inc. and 40 of its largest shareholders in a lawsuit against 8 Wall Street firms alleging RICO and securities violations arising out of the sale of securities.
Secured a confidential settlement representing former CEO of Fortune 1000 company in dispute arising out of stock option grants.
Complex Business Transactions
Prosecuting a breach-of-contract action in federal court on behalf of a private equity firm arising out a failed business acquisition.
Achieved a creative resolution defending a large financial services company in a dispute between joint venture partners.
Appellate Litigation
Succeeded in obtaining affirmance of dismissal of antitrust enforcement action brought by the FTC. F.T.C. v. Phoebe Putney Health System, Inc., 663 F.3d 1369 (11th Cir. 2011).
Represented financial services company in suit arising out of commercial lease agreement. See NW Parkway, LLC v. Lemser, 309 Ga. App. 172 (2011).
Represented the appellant in challenging the admissibility of prior acts evidence. United States v. Walter Sanders, Jr., 668 F.3d 1298 (11th Cir. 2012).
Represented Plaintiffs in a merits appeal to the United States Court concerning the Civil Rights Attorneys’ Fees Act of 1976. See Perdue v. Kenny A., 130 S. Ct. 1662 (2011).
Represented numerous child advocacy organizations as amici in the United States Supreme Court concerning the constitutionality of the Patient Protection and Affordable Care Act. DHHS v. Florida, No. 11-398.
Represented several prominent lawyers and former judges as amicus in the Georgia Supreme Court in a case addressing the constitutional deficiencies in the state’s indigent defense system. Georgia Public Defender Standards Council v. State, 285 Ga. 169 (2009).
Employment
Successfully defended a Georgia medical and social service provider and employee in dispute involving an employee non-compete agreement.
Represented employees and employers in severance negotiations.
Constitutional and Civil Rights Enforcement
Represented class of indigent defendants in Flournoy v. State, a statewide civil rights enforcement relief for a class of indigent defendants deprived of their Sixth Amendment right to counsel.
Represented a class of foster children in monitoring and enforcing the terms of a consent decree providing comprehensive reform to Georgia’s child welfare system.
Along with Bobby Lee Cook, represented a state court judge in a constitutional challenge to state election laws.
Professional Activities
American Bar Association
Member, Litigation Section
Member, Individual Rights and Responsibilities Section
Member, Center for Professional Responsibility
Federal Bar Association
Atlanta Bar Association
Indigent Defense Committee, Georgia State Bar
Member, Georgia State Panel on Moot Court Preparation and Oral Argument
Publications/Speaking Engagements
Honors and Awards
Southern Center for Human Rights’ inaugural Gideon’s Promise Award
Georgia Rising Star, Atlanta Magazine
Winner, National First Amendment Moot Court Competition, 2006
Runner-Up, National American Bar Association Moot Court Competition
News
- March 19, 2012
- December 19, 2011
- December 12, 2011
- June 2011
- 2010Atlanta Magazine
Education
University of Georgia School of Law, J.D., 2006, magna cum laude
- Order of the Coif
- Order of the Barristers
- Articles Editor, Georgia Law Review
- Outstanding Moot Court Advocate
- Pupil and Barrister, Lumpkin Inn of Court
University of Georgia, M.B.A., 2005
University of Georgia, B.A., 2002
Previous Experience
Law Clerk, Judge Richard W. Story, U.S. District Court for the Northern District of Georgia, 2006-2008
Admissions
- State Bar of Georgia
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Northern District of Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals