Steven Ginsburg

Steve Ginsburg is a Partner in Freeman Mathis & Gary, LLP’s Atlanta office. He handles corporate, commercial, construction and real property litigation, as well as matters involving professional liability, insurance coverage, general liability, cyber security, complex, class-action and multi-jurisdictional litigation, and financial services matters involving state and federal Consumer Protection laws and regulations. Steve has tried several hundred cases, as well as developed and implemented strategies for successful problem-solving and communication. He anticipates risks and works to mitigate them before they become an issue. Steve is approved and registered by the Georgia Supreme Court Commission on Dispute Resolution as a general civil mediator

Steve is a former partner in four national law firms and former Insurance Fraud Division Chief for State Attorney Janet Reno where he represented clients in the financial, health care and insurance industries, as well as title insurance claims and litigation matters. Steve also handles class actions, RICO, foreclosures and vehicle wholesaling practices. In addition to commercial and civil tort litigation, his practice includes agreements governed by the Uniform Commercial Code and disputes concerning noncompetition, trade secrets, medical staff privilege litigation, professional regulation and contractual matters.

Florida

Georgia

New York

Supreme Court of the United States

United States Bankruptcy Courts - Northern and Middle Districts of Georgia

United States Bankruptcy Courts - Southern and Middle Districts of Florida

United States Court of Appeals for the Eleventh Circuit

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Sixth Circuit

United States District Court for the Eastern District of Michigan

United States District Court for the Eastern District of New York

United States District Court for the Middle District of Florida

United States District Court for the Middle District of Georgia

United States District Court for the Northern District of Florida

United States District Court for the Northern District of Georgia

United States District Court for the Southern District of Florida

United States District Court for the Southern District of New York

United States Tax Court

• Co-author, Discovery Chapter, “Florida Civil Practice Before Trial,” Florida Bar Continuing Legal Education (2004–2022)
• Author, “Effective Juror Selection Strategies, Part 3,” American Bar Association, Section of Litigation, Business Torts and Unfair Competition, Vol. 26, Issue 2 (Summer 2019)
• Author, “Effective Juror Selection Strategies, Part 2,” American Bar Association, Section of Litigation Business Torts and Unfair Competition Litigation, Vol. 25, Issue 3 (Spring 2018)
• Author, “Effective Juror Selection Strategies,” American Bar Association, Section of Litigation Pretrial Practice & Discovery, 26, Issue 2 (Spring 2018)
• Author, “Trade Secrets and Proprietary Protection,” Georgia Bar Journal, Vol. 23 Number 4; reprinted with permission as “Tips for Protecting Trade Secrets and Proprietary Information,” American Bar Association, Section of Litigation, Business Torts and Unfair Competition, Journal, Vol. 25, No. 1 (December 2017)
• Author, “Supreme Court Holds Debt Buyers Not Subject to FDCPA,” Daily Report (June 20, 2017)
• Author, “How to Succeed in Litigation: An Ounce of Preparation is Worth A Pound of Prevention,” American Bar Association, Section of Litigation Pretrial Practice & Discovery, Vol. 25, Issue 3; Lexology (May 23, 2017)
• Author, “How to Lose Attorney-Client Privilege,” American Bar Association, Section of Litigation, Business Torts and Unfair Competition, Practice Points (March 16, 2017)
• Author, “Tips on Meet and Confer Conferences,” American Bar Association, Section of Litigation Pretrial Practice & Discovery Practice Points (February 28, 2017)
• Author, “A Practical Look at Preserving ESI,” American Bar Association, Section of Litigation Pretrial Practice & Discovery, Practice Points (February 28, 2017)
• Co-author, “It Ain’t Easy Building Green Part 2: Sustainable Practices for Sustainable Building,” Construction Financial Management Association (CFMA), Building Profits (January–February 2013)
• Co-Author, “It Ain’t Easy Building Green,” Construction Financial Management Association (CFMA), Building Profits (November–December 2011)

Complex Jury Trials

• Defended Nissan North America Inc. in an action for breach of contract, RICO and fraud in the inducement brought by a bankrupt sign company arising out of actions Nissan took during the course of the bidding, auction, contracting and construction-installation process of its nationwide brand re-imaging program. Following a jury trial in the U.S. District Court for the Middle District of Alabama, obtained a judgment as a matter of law of no liability, and a new trial on Nissan’s counterclaim for breach of contract. Settled counterclaim on terms the client found favorable. DePaola v. Nissan North America, Inc., No. 1:04cv00267 (M.D. Ala. 2004–2009).
• Defended GMAC in an action for breach of contract, breach of the federal and Pennsylvania dealer’s-day-in-court statutes, conversion and tortious interference with contract brought by a car dealership in which it sought more than $40 million in damages. The case resulted in a $4-million jury verdict for the dealership. Mente Chevrolet Oldsmobile, Inc. v. GMAC, No. 08-cv-2403 (E.D. Pa. 2009).

Class Action Litigation

• Defended Principal Life Insurance Co. in a class action suit brought by various groups of medical providers asserting antitrust, price-fixing, conspiracy and slow-pay claims arising from the processing and payment of physician reimbursement by health insurance companies. Settled the case on terms the client found favorable. Kansas City Urology Care, PA, et al. v. Blue Cross Blue Shield of Kansas City, Inc., et al., No. 05CV279 (Dist. Ct. Wyandotte County 2005–2010).
• Defended Textron Financial Corp. in a class action suit brought by recreational vehicle dealers asserting breach of contract, breach of implied covenant of good faith and fair dealing, and unjust-enrichment claims arising from Textron’s charging of interest on floor-plan financing for the manufacture of recreational vehicles. Obtained judgment on the pleadings that the unambiguous language of the parties’ agreement permitted Textron to charge interest on funds not yet advanced to recreational vehicle manufacturers. Copley’s R.V. Center v. Textron Financial Corp., No. 09-14271-CIV-MARTINEZ/LYNCH (S.D. Fla. 2010).
• Defended Credit Union in class action litigation claim involving more than $10 million in finance agreements for consumer goods seeking more than $2 million in statutory damages for alleged violations of UCC Article 9 as a result of repossession notices during the 2014–2019 time period; negotiated and settled case on favorable terms for the client including a maximum $275,000 settlement fund. Robins Financial Credit Union f/k/a Robins Federal Credit Union v. Newell, No. 2019-V-120137 (L) (Houston County Superior Court 2020).

Corporate Disputes

• Obtained on behalf of emergency physician practice group Northside Emergency Associates a ruling in the State Court of Fulton County, Georgia, granting summary judgment as to all claims asserted by a former shareholder and employee against NEA and the individually-named physicians, including breach of contract, breach of fiduciary duties, fraudulent inducement, slander, conversion, tortious interference, intentional infliction of emotional distress, and violations of Georgia corporate law. Blaivas v. Northside Emergency Associates, PC, No.13EV017046 (Fulton County Ga. State Court 2015).
• Defended a partnership and the majority partner in an action brought by a minority partner to determine who was entitled to more than $3 million in proceeds from the sale of the partnership’s sole asset. After majority partner demonstrated that minority partner was misappropriating funds from the partnership to pay for personal expenses and make payments to site managers “under the table,” settled the case on terms the client found favorable. Berg v. Eldridge, No. 07-40991 CA (Miami-Dade Co. Cir. Ct. 2009).
• Defended an individual who was a corporate officer and director of five civil engineering and construction companies against a shareholder derivative action asserting claims of self-dealing and seeking corporate dissolution, injunctive relief and damages. Asserted counterclaims for breach of contract, injunctive relief and civil theft after the two equal shareholders locked him out, formed new corporations and transferred corporate contracts to their new companies. Obtained a settlement under which all claims were dismissed, the client was bought out, all but one of the companies were dissolved, the remaining company was transferred to the client, and various noninterference agreements were reached. McCue v. Delta Consulting Engineers, Inc., No. 06-6568-CA-22 (Miami-Dade Co. Cir. Ct. 2007).

International Corporate and Civil Tort Litigation

• Obtained dismissal of contract, warranty, indemnity and fraud claims in the United States District Court for the Eastern District of Michigan against an international gray-market seller in an indemnification case alleging trademark infringement and counterfeiting. H&H Wholesale Services, Inc. et al. v. Kamstra International, B.V. d/b/a Holland Trading Group, and KAFA B.V., No. 17-13422 (E.D. Mi. 2022).
• Obtained affirmance by the United States Court of Appeals for the Sixth Circuit for dismissal of alter-ego and veil piercing claims against B&S International, B.V. the parent company of an international gray-market seller in an indemnification case. H&H Wholesale Services, Inc. v. Kamstra International, B.V., et al., No. 21-1533, 2021 WL 5505495 (6th Cir. 2021).
• Represented international shipping companies in a multimillion-dollar action for breach of contract, breach of fiduciary duty, conversion, scheme to defraud, civil theft and RICO violations brought against a corporate officer and shareholder arising out of his employment in and management of an international shipping business in “owned-vessel” and “line” operations. The defendant counterclaimed with a shareholder derivative action and breach-of-contract claim. Panamanian Carriers Corp. v. Star Shipmanagement Ltd., No. 98-26089 CA 25 (Miami-Dade Co. Cir. Ct. 2002).
• Defended an importer in an action brought by a Brazilian limited liability company for breach of contract and claims relating to the shipment of coffee and food products from Brazil to Florida. The Brazilian company claimed the importer was an alter-ego of a prior company to which it had sold products but had not been paid. Settled the case on terms the client found favorable. Doceira Campos do Jordão, Ltda v. Sol Packaging, LLC, No. 04-26984 CA (13) (Miami-Dade Co. Cir. Ct. 2007).

Construction Defect Litigation

• Defended The Hartford Insurance Company and its insured, Jorda Enterprises Inc., an HVAC subcontractor, in an equitable subrogation action which sought more than $3 million in damages relating to a pipe burst at a luxury condominium building located in Miami, Fla., which coincided with Hurricane Katrina in 2005. The Court entered summary judgment in favor of Jorda, finding that: there was no valid release from the Condominium Association which permitted the subrogation claim to be brought; the Association previously released Jorda in earlier construction litigation when the subrogation claim had not been perfected by payment; and the subrogation claim was barred by res judicata. QBE Insurance Corporation v. Jorda Enterprises, Inc., No. 10-21107 CIV-GOLD (S.D. Fla. 2012).
• Defended a subcontractor against claims brought by the developer and general contractor for latent defects in the construction of residential communities in Florida. Settled the case on terms the client found favorable. Centex Homes v. Mr. Stucco, Inc., Nos. 8:07-CV 366-T-26-MSS & 8:07-CV 365-T-27 MSS (M.D. Fla. 2009).
• Defended two subcontractors against claims brought by the developer and general contractor for latent defects in the construction of a commercial office park and office condominium in Florida. Settled the case on terms the clients found favorable. Skanska USA Building, Inc., v. Exterior Walls, Inc., Nos. 06-CA-1831 & 07-CA-7205 (Orange Co. Cir. Ct. 2008).

Complex Commercial Litigation

• Defended Motiva Enterprises, LLC and Shell Oil Company in a lawsuit brought by a commercial property owner which sought damages for breach of a written lease arising from loss of rental income due to contamination of a former gas station site. The plaintiff sought in excess of $4.3 million. After a non-jury trial the court found that the Plaintiff failed to prove its case and ruled that Motiva and Shell could not be held liable. The court also found the defense was entitled to recover attorney’s fees and costs from the plaintiff. Sarria Holdings, Inc. v. Motiva Enterprises, LLC, No. 05-08587 CA (Miami-Dade Co. Cir. Ct. 2012).
• Obtained on behalf of a major motor vehicle floor-plan lender a $923,000 judgment in an action against car dealership Moultrie Chevrolet Cadillac, Inc. and its principal in an action for conversion, breach of a floor-plan agreement and breach of guaranty arising from Moultrie’s failure to pay back financing. GMAC LLC v. Moultrie Chevrolet Cadillac, Inc. and Michael T. Grubbs, No. 08-CV-06744 (Colquitt County, Ga. Superior Court 2012).
• Obtained on behalf of Flagstar Bank, FSB an order from the U.S. District Court for the District of New Jersey dismissing with prejudice a predatory lending action that arose from a reverse mortgage a mortgage-lending company made to an 80-year-old. Also obtained a summary judgment in favor of Flagstar on cross-claims brought by the mortgage-lending company for contribution and indemnification. Leff v. First Horizon Home Loan Corp., No. 05-3648 (MLC) (D.N.J. 2005).
• Obtained on behalf of Flagstar Bank, FSB a $2.15-million judgment for mortgage fraud against a mortgage broker, its principal, a real estate appraiser and others. The claims, which included allegations of misrepresented and incorrect appraisals and misrepresentations regarding borrowers’ assets, income, employment, occupancy and Social Security numbers, arose from 23 residential mortgage loans that Flagstar Bank underwrote, approved and funded. Flagstar Bank, FSB v. Caribbean Mortgage Corp., No. 1:05-CV-02364-JG-RML (E.D.N.Y. 2007).
• Represented GMAC in a breach-of-contract action brought against an automobile dealership and its principal. Dealer’s principal brought counterclaims against GMAC for fraud, RICO and breach of contract. After GMAC filed a motion for sanctions, obtained the return of vehicles financed by GMAC and the imposition of a payment plan for sums owed to GMAC. GMAC LLC v. Thomas Motor Cars, Inc., No. 08-001592CAA (Gadsden Co. Cir. Ct. 2010).
• Obtained on behalf of a company and its executive officers the disclosure of the defendant’s identity through a pure bill of discovery served on various Internet service providers. Subsequently negotiated an agreement requiring the defendant to cease and desist posting defamatory and inaccurate information about the clients. Settled the case on terms the client found favorable. Yak Communications, Inc. v. Yahoo! Inc., No.05-4632 CA 01 (Miami-Dade Co. Cir. Ct. 2005).

Qui Tam (Whistleblower) Defense Litigation

• Obtained on behalf of emergency physician practice group Northside Emergency Associates a ruling in the State Court of Fulton County, Georgia, granting summary judgment as to all claims asserted by a former shareholder and employee against NEA and the individually-named physicians for retaliatory discharge under the federal EMTALA statute. Blaivas v. Northside Emergency Associates, PC, No. 13EV017046 (Fulton County Ga. State Court 2015).
• Represented Marlin Engineering, Inc. in a False Claims Act suit brought by an engineer on behalf of the United States against several engineering firms. The suit alleged that the engineering firms caused the federal government to expend federal funds in payment of false claims filed in connection with a FEMA project in Miami-Dade County, Fla., that was intended to pay for repairs and improvements to roadways damaged by flooding from Hurricane Irene in October 1999 and a storm known as the No-Name storm of October 2000. United States ex rel. Juan Wong v. Consul-Tech Engineering, Inc., No. 02-23081-CIV-SEITZ (S.D. Fla.).

Insurance Coverage Litigation

• Obtained summary judgment for insurance company when a homeowner filed suit against defendant owners and operators of a handyman services company after they caused an electrical fire in the homeowner’s house; the Court found that our client had no duty to defend the handyman insureds, or indemnify them or the homeowner. Atlantic Casualty Insurance Company v. Phillips, et al., No. 1:22-cv-4546-MLB, 2024 WL 4255342 (N.D. Ga. 2024).
• Obtained summary judgment for insurance company finding no duty to defend or indemnify when insured failed to provide “prompt” notice in compliance with the insurance policy. The Court further found no coverage where the conduct alleged did not fall within the Policy’s definition of “act, error, or omission.” Atlantic Casualty Insurance Company v. JB&L Auto Sales, Inc., NO. 5:23-CV-74 (MTT), 2024 WL 2194842 (M.D. Ga. 2024).

 

• Martindale-Hubbell AV Preeminent® Peer Review Rated™ attorney, recognized since 1986 for the highest level of professional excellence
• Included among The Best Lawyers in America© 2025 Edition in the area of Commercial Litigation
• Previously named to the Georgia Super Lawyers list in the practice areas of General Litigation, Banking Business Litigation, Civil Litigation Defense, Construction Litigation–Businesses, Employment & Labor–Employers
• Listed in Georgia’s Top Rated Lawyers in 2012, and again 2014–2016
• Listed in South Florida’s Top Rated Lawyers from 2012–2015
• Formerly ranked among Top Lawyers in South Florida by South Florida Legal Guide for five years

• Lectured on, “State Litigation Trends,” 2019 Mortgage Bankers Association Regulatory Compliance Conference, Washington DC (September 2019)
• Lectured on litigation trends, Mortgage Bankers Association, National Mortgage Servicing Conference and Expo, Orlando, FL (February 25–28, 2019)
• Lectured on,  “State Litigation Trends,” Mortgage Bankers Association, Regulatory Compliance Conference, Washington, DC (September 16–18, 2018)
• Lectured on, “Successors in Interest: Ready, Set, Implement!” Mortgage Bankers Association, National Servicing Conference and Expo, Dallas, TX (February 6–9, 2018)
• Lectured on,  “Servicing Compliance Essentials, The Mortgage Servicing Rule and the Fair Debt Collection Practices Act,” Mortgage Bankers Association, Regulatory Compliance Conference, Washington, DC (September 17–19, 2017)
• Lectured on,  “30(b)(6) Depositions: When and How to Use Them to Your Advantage,” American Bar Association, Section of Litigation webinar (June 6, 2017)
• Lectured on,  “Key Cases Involving Bankruptcy,” and “Fair Debt Collection Practices Act and Statutes of Limitations,” Mortgage Bankers Association, Legal Issues and Regulatory Compliance Conference,” Miami, FL (May 7–10, 2017)
• Moderator, “Data Privacy and Protection: What Litigators Need to Know When Gathering, Handling and Producing Sensitive Data,” American Bar Association, Section of Litigation (April 25, 2017)
• Panelist, “Fair Debt Collection Practices Act, Florida Homeowner and Condominium Association Lien and Assessment Law,” and “Mortgage Compliance Defense Strategies” Mortgage Bankers Association, Regulatory Compliance Conference, Washington, DC (September 18–20, 2016)
• Lectured on, “Catching Those Tweets: Discovery and Document Preservation Challenges Posed by Social Media Evidence” Industry Highlights: A Duane Morris Perspective, Online (January 24, 2012)
• Lectured and published on the Bert J. Harris Act: Private Property Rights Protection at the Lorman Education seminar on Zoning, Subdivision and Land Development Law in Florida, 2008
• Lectured and published on the Economic Loss Rule, Commercial Litigation, Fiduciary Duties, Attorney’s Fees and Fee Disgorgement, National CLE Conference Civil Litigation, Law Education Institute, Inc., 2001
• Lectured and published on Zoning Under the Religious Freedom Restoration Act, A Review of Issues on Enforcing Zoning Laws Restricting Location of Buildings Under the State and Federal Religious Freedom Restoration Acts, Florida Municipal Attorneys’  Association 18th Annual Seminar, 1999