For over two decades, David Brackett has skillfully resolved disputes for his clients through trial and appellate advocacy. He represents individuals and companies in courts nationwide, and his extensive experience as counsel for both plaintiffs and defendants gives him valuable insight and perspective in handling his cases.
David’s practice focuses on complex high stakes litigation, tackling cases involving contract disputes, corporate governance, business torts, and RICO. Additionally, he litigates matters involving government procurement processes and local government law.
David frequently advises fellow lawyers and their law firms when they encounter complex problems in their cases. He also has extensive experience assisting directors, officers, and special board committees facing corporate governance disputes.
In addition to his legal practice, David has served as an adjunct professor at Georgia State University's College of Law and Emory University School of Law teaching courses on commercial arbitration and pretrial procedure.
Outside the office, David actively engages with his community. He served as board chair of Intown Collaborative Ministries (now Intown Cares), a nonprofit combating homelessness and hunger in Atlanta. He also serves on the Southern Steering Committee of Children’s Rights, Inc., and as a board member for Georgia Appleseed Center for Law & Justice, a nonprofit increasing justice through law and policy reform and community engagement.
Successfully defeated a major corporate defendant’s attempts to move product liability cases to federal court and transfer to multidistrict litigation, including successful representation in the Eighth Circuit Court of Appeals.
Obtained injunction in Fulton County Superior Court to block attempted buyout of minority interest holder in real estate investment company on unfavorable terms.
Represented a purchaser of mortgage-backed securities valued at over $6 billion, asserting fraud and RICO claims against three prominent national banks. The cases concluded with a confidential settlement.
Served as lead counsel in derivative action involving a technology start-up. Obtained increased share of proceeds from the sale of the company for minority shareholders whose ownership interest had been diluted by controlling shareholders.
Obtained summary judgment on behalf of a community bank’s multi-million dollar contract claim and in the bank’s favor on the defendant’s counterclaims alleging the bank had been involved in a fraudulent scheme.
Served as lead counsel in arbitration and eventual settlement of dispute involving a multi-million dollar contract claim in connection with the sale of a medical practice.
Successfully secured the inclusion of an independent candidate for the general assembly on the ballot in the general election after litigation with the Georgia State Secretary of State.
Served as lead counsel for clients who unknowingly signed a warranty deed at request of their business partners. Obtained jury verdict canceling warranty deed and directed verdict on counterclaims.
Class counsel for a class of foster children in state custody in connection with on-going monitoring of measures of systemic reform pursuant to a consent decree.
Successfully prevented a large multinational investor from seizing control of LLC governance prior to buy out of client’s interest; obtained award of arbitration panel enforcing buy-out provision of operating agreement on terms favorable to client.
Represented a major corporation defending against claims of negligence and fraud. Secured summary judgment on a majority of the claims, resolved the case through settlement.
Obtained reversal of trial court’s denial of summary judgment on claims of fraud and breach of fiduciary duty in a case brought by an employee claiming an ownership interest in a finance company.
Led representation of broker-dealer owner in securities fraud and negligent supervision litigation. Successfully compelled arbitration, affirmed trial court's dismissal order in favor of arbitration, and secured dismissal from FINRA arbitration prior to final hearing.
Obtained dismissal on behalf of a former officer of a management consulting corporation in an action alleging misappropriation of trade secrets and breach of fiduciary duty.
Obtained summary judgment on claims alleging fraud, conspiracy, and violation of Georgia’s RICO statute on behalf of a commercial real estate developer.
Secured directed verdict on multiple claims seeking millions in damages at the conclusion of a month-long jury trial in Fulton County Superior Court.
Defended national teleservices corporation against class actions alleging violations of consumer protection laws in California and Ohio.
Represented the City of Atlanta in litigation and arbitration involving annexations and the validity of certain local constitutional amendments.
Certified as class counsel for a class of youth detained in the DeKalb County Jail, who are being deprived of the education services to which they are entitled under federal law. Obtained favorable settlement of claims with State Department of Education and local school system, and won summary judgment against the Sheriff.
Obtained asylum for a couple who fled Kabul, Afghanistan, in 2021.
Successfully represented senior citizens along with attorneys from the Atlanta Legal Aid Society in a case against a high-interest loan company.
Successfully challenged Georgia's photo ID requirement for in-person voting, leading to the repeal and modification of the law.
Appointed by the United States Court of Appeals for the Eleventh Circuit and the United States District Court for the Northern District of Georgia to represent indigent litigants in multiple cases.
Atlanta Bar Association, Member, Litigation Section
Lawyers Club of Atlanta
State Bar of Georgia, Member, Election Committee
State Bar of Georgia, Member, Evidence Committee
Honors and Awards
Georgia Rising Star, 2006 - 2007; 2010 - 2011
Georgia Local Litigation Star, Benchmark Plaintiff 2012, 2013, 2014
- David Brackett and Amanda Kay Seals Part of Team Reaching Federal Settlement that Protects the Right to Special Education Services for Detained YouthNovember 19, 2020Imprint News
- January 4, 2012
- February 22, 2011Atlanta Magazine
- 2010Atlanta Magazine
Georgetown University Law Center, J.D., 1996, cum laude
- Articles Editor, Law and Policy in International Business
- Law Fellow (Teaching Assistant for the First Year Legal Writing Program)
Duke University, B.A., 1993
Law Clerk, Judge Duross Fitzpatrick, U.S. District Court for the Middle District of Georgia, 1996-1998
- State Bar of Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Supreme Court
- U.S. District Court for the Middle District of Georgia
- U.S. District Court for the Northern District of Georgia