Keith Kodosky

Partner

  • location icon Atlanta, GA
    1180 Peachtree Street NE
    Atlanta, GA 30309

Keith Kodosky is a partner in the Atlanta office of Lewis Brisbois and a member of the Products Liability Practice. He has over 20 years experience in handling complex commercial litigation, including products liability, corporate governance, contract disputes, real estate, trade secrets, non-compete and non-solicitation agreements, and bankruptcy matters. He has represented clients in securities fraud class actions, shareholder/partnership disputes, shareholder inspection actions, business appraisal disputes, professional malpractice actions, and investigations and inquiries performed by the SEC, FTC, DOJ, FBI, IRS, and FINRA. In addition, Mr. Kodosky has represented financial institutions and their officers and directors in investigations and enforcement actions brought by the FDIC, the OCC, OIG, SIGTARP, and other regulatory agencies. During his career, Mr. Kodosky has represented state supreme court justices, major chemical manufacturers, government contractors, secured creditors, and businesses providing products and services in the telecommunications, athletic apparel, automotive, banking, computers, construction, franchising, hospitality, nursing home, packaged bakery foods, retail, and bookkeeping and accounting industries.

Mr. Kodosky also has extensive toxic tort and products liability litigation experience, including cases involving alleged exposures to welding rod fumes, lead paint, carbon monoxide and benzene. Mr. Kodosky serves as National Coordinating Counsel for a global chemical company in benzene litigation, and he has served as either lead counsel or lead co-counsel in toxic tort and products liability litigation in Alabama, Arkansas, Delaware, Florida, Georgia, Illinois, Kentucky, Louisiana, New Jersey, Pennsylvania, Tennessee, and West Virginia. As National Coordinating Counsel, Mr. Kodosky coordinates and manages discovery, including depositions, production of documents, and other e-discovery, and serves as a trial attorney in these lawsuits. He has extensive experience in applying the standards for the admissibility of expert testimony in jurisdictions that follow Daubert, Frye, and other standards. Mr. Kodosky has worked closely with industrial hygienists, hematologists, oncologists, toxicologists, and epidemiologists in refuting claims of chemical exposure. He also is experienced in the bulk supplier, preemption, and sophisticated user defenses and has effectively used these defenses to rebut product liability and negligence claims.

Mr. Kodosky has received an AV Preeminent® Peer Review Rating™ from Martindale-Hubbell.® AV Preeminent® is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. Active in many professional organizations, Mr. Kodosky currently serves as Vice-Chairman of the Product Liability Law Section of the State Bar of Georgia. Atlanta magazine featured Mr. Kodosky as a "Georgia Super Lawyer -- Rising Star" in four consecutive years. Georgia rising stars are chosen by their peers as being among the top up-and-coming lawyers in the state of Georgia. The selection process includes nominations by Georgia Super Lawyers and independent research on candidates. Only 2.5 percent of Georgia attorneys receive this honor each year.

Offices Held

State Bar of Georgia, Vice-Chairman, Product Liability Law Section

Published Opinions

  • LifeBrite Laboratories, LLC v. Cooksey, 2016 WL 7840217, 2016 U.S. Dist. LEXIS 181823 (N.D.Ga. Dec. 9, 2016)
  • Henderson v. SMC Promotions, Inc., 2014-Ohio-4634, October 17, 2014
  • Nebo Ventures, LLC v. NovaPro Risk Solutions, L.P., 324 Ga. App. 836, 752 S.E.2d 18, 13 FCDR 3761, November 19, 2013
  • Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 125, 11th Cir. 2013
  • Rapp, et. al v. Escante, Inc., 304 Ga. App. 262; 695 S.E.2d 744, May 28, 2010
  • Bank of N.Ga. v. Reznick Group, P.C., No. 07-11919, 2008 WL 134118, 11th Cir. January 15, 2008
  • SmallBizPros, Inc. v. Court, 414 F.Supp.2d 1245, M.D.Ga. 2006

Publications

  • Co-author, The State of "Take-Home" Toxic Torts. Law360, January 5, 2009
  • Co-author, Texas Supreme Court Refuses to Get Carried Away with Take-Home Toxic Tort Cases, December 10, 2008
  • Co-author, "The Tools at Hand: Inspection of Corporate Records," June 1, 2004

Representative Cases

  • LifeBrite Laboratories, LLC v. Cooksey, 2016 WL 7840217, 2016 U.S. Dist. LEXIS 181823 (N.D.Ga. Dec. 9, 2016): Prevailed at the summary judgment stage of breach of employment contract action involving a national toxicology reference laboratory after earlier defeating Plaintiff’s motion for interlocutory injunction in case involving “blue pencil” issue of first impression under Georgia’s new Restrictive Covenants Act, O.C.G.A. § 13-8-53; obtained summary judgment on Plaintiff’s claims for breach of contract, tortious interference with contract, tortious interference with business relationships, breach of fiduciary duty/unfaithful agent, and attorneys’ fees, while Plaintiff’s cross-motion for summary judgment was denied as to client’s counterclaims for breach of contract, unjust enrichment, promissory estoppel, quantum meruit, and attorneys’ fees; a confidential settlement was reached following grant of summary judgment in client’s favor. 
  • Reid v. Waste Industries, et al., Superior Court of Douglas County, Case No. 14CV01542, April 15, 2016: Prevailed at the summary judgment stage of intentional tort action as co-counsel in case involving former employee’s claims for malicious prosecution, intentional and negligent infliction of emotional distress, civil conspiracy, punitive damages and attorneys fees, where former employee had been arrested and jailed after pulling a firearm and allegedly making verbal threats towards his supervisor and co-workers while being escorted from the job site following the termination of his employment.
  • Nebo Ventures, LLC v. NovaPro Risk Solutions, L.P., Superior Court of Fulton County, Georgia, June 1-5, 2015. Prevailed at trial as co-counsel in obtaining a $1.4 million judgment on client's claims for breach of contract, fraud, and attorneys' fees in a case involving the provision of workers’ compensation, medical, healthcare, and claims management services to the City of Atlanta. Further, a directed verdict was entered as to one of the defendant’s counterclaims and defendant obtained no recovery from the jury on any of its remaining counterclaims.
  • Brunson v. US Steel Corporation, et al., No. 02368, Court of Common Pleas of Philadelphia County, December 16, 2014: Prevailed at the summary judgment stage of products liability action in which Plaintiff alleged that he developed Non-Hodgkin’s Lymphoma (NHL) and thyroid cancer as a result of his exposure to benzene-containing products used at work and at home; Plaintiff offered no expert opinions or other evidence that exposure to any benzene-containing product was a cause in fact or a substantial factor in causing Plaintiff’s alleged injuries.
  • Henderson v. SMC Promotions, Inc., 2014-Ohio-4634, Ohio App., October 17, 2014: Prevailed on appeal by obtaining reversal of trial court’s denial of motion to vacate default judgment with action remanded for determination of whether personal jurisdiction may properly be asserted over defendants in case arising from plaintiffs’ viewing of an infomercial, featuring former Happy Days actor Tom Bosley, which advertised an opportunity to earn money from home by selling merchandise on the Internet.
  • Hawkins v. Target Corporation, 1:14-cv-00222-TCB, U.S.D.C. N.D.Ga., January 27, 2014: Represented Target Corp. in data breach putative class action involving claims of negligence, invasion of privacy intrusion, public disclosure of private facts, misappropriation of likeness and identity, and conversion, after criminals had forced their way into Target’s system, gaining access to guest credit and debit card information in mid-December 2013.
  • Nebo Ventures, LLC v. NovaPro Risk Solutions, L.P., 324 Ga.App. 836, 752 S.E.2d 18, 13 FCDR 3761, November 19, 2013: Prevailed on appeal by obtaining reversal of trial court’s grant of summary judgment on client’s fraud and punitive damages claims, and vacation of trial court’s grant of partial summary judgment on client’s “forward-looking” breach of contract claims, in action involving the provision of certain workers’ compensation, medical, healthcare, and claims management services to the City of Atlanta.
  • Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 125, 11th Cir., 2013: Prevailed in fraudulent transfer action brought by trustee of debtor company that owned 150 Waffle House restaurants located throughout Georgia, Florida and Virginia, with the US Court of Appeals for the Eleventh Circuit affirming the district court’s ruling that the transfer was not fraudulent and, therefore, could not be recovered by the trustee, because the company received a reasonably equivalent exchange of value under the shareholder agreement governing the transaction.
  • Nfinity Products and Services, Inc. v. Cook, et al., Circuit Court of Orange County, Florida, Case No. 2010-CA-25220, September 19, 2012: Prevailed at trial on behalf of corporation and its controlling shareholder in “fair value” litigation which involved the control of a leading national female cheerleading shoe company; minority shareholders were compelled to sell their 20% stock interest to the controlling shareholder based upon fair value determination made by client’s business valuation expert, after the Court rejected opposing expert’s fair value determination following vigorous cross-examination at trial.
  • Langer v. King Provision, Superior Court of Cobb County, Civil Action No. 09-1-9872-99, May, 2011: Prevailed in contentious “business divorce” action; following aggressive offensive discovery, successfully negotiated confidential six-figure settlement for Plaintiff minority shareholder client who had been squeezed from global uniform supply chain and fulfillment company by majority owners in full satisfaction of client’s breach of contract, breach of fiduciary duty and tortious interference claims.
  • Steele v. Steele Investment Group, LLC, Superior Court of Henry County, Georgia, Civil Action No. 10-1024-BGR, August, 2010: Prevailed in action seeking immediate appointment of a receiver for Riverchase Village, LLC where the members were deadlocked in the management of the company’s business and affairs and where the deadlock threatened to cause irreparable injury to the company and the business and affairs of the company could no longer be conducted to the advantage of the members generally.
  • Atlanta Centennial, LLC v. PixelRange Inc., et al., July, 2010: Successfully obtained a working replacement of The Centennial Tower’s iconic LED lighting system, which was uniquely manufactured and designed to display red lights for Atlanta Hawks games and blue lights for Atlanta Thrasher games but which essentially had been inoperable since installation, on behalf of client through pre-suit demand. (The replacement LED lighting system installed at The Centennial Tower, a 36-story skyscraper in downtown Atlanta, may be seen at http://www.atlantadowntown.com/go/centennial-tower)
  • Rapp, et. al v. Escante, Inc., 304 Ga. App. 262; 695 S.E.2d 744, May 28, 2010: Prevailed at the summary judgment stage of fraudulent transfer action which arose out of Defendant’s fraudulent conveyance of valuable Georgia real property and a commercial building situated thereon in an attempt to defeat client’s Texas state judgment claim; Georgia Court of Appeals affirmed summary judgment award in client’s favor setting aside the Defendant’s fraudulent transfer.
  • McCurdy, et al. v. Harper, et al., U.S.D.C. N.D.Ga., No. 1:08-CV-2145, March 23, 2009: Prevailed at the motion to dismiss stage of putative class action brought against client, LexisNexis CourtLink, Inc.; Fulton County State Court Chief Judge A. L. Thompson; Fulton County Superior Court Chief Judge Doris L. Downs; and various other Fulton County government defendants, involving claims related to county’s mandatory e-filing requirement.
  • Herring v. TDCC, et al., No. 06C-05-297 BEN, Del. Super. Ct., May 7, 2008: Prevailed at the summary judgment stage of toxic tort wrongful death action where Plaintiff contended that his wife, the decedent, contracted Acute Myelogenous Leukemia ("AML") and died as a result of her 20-year exposure to benzene and/or benzene-containing products, including naptha, xylene, mineral spirits and toluene, that were manufactured, distributed and/or supplied to her chemical repackaging employer by the Defendants.
  • Bank of N.Ga. v. Reznick Group, P.C., No. 07-11919, 2008 WL 134118, 11th Cir. January 15, 2008: Prevailed at the motion to dismiss stage of professional negligent misrepresentation action which sought compensatory damages in excess of $5 million as well as an award of punitive damages and attorneys’ fees; a dismissal of all counts with prejudice was achieved by Rule 12(b)(6) motion, with the US Court of Appeals for the Eleventh Circuit upholding the district court’s dismissal ruling in its entirety.
  • Reed Elsevier: Provided litigation due diligence advice to Reed Elsevier, a world leading publisher and information provider, in connection with the proposed acquisition of ChoicePoint Inc., a premier provider of technology and information-based risk mitigation products in the United States. The enterprise value of the all-cash transaction, announced on February 21, 2008, was valued at approximately $4 billion (USD) based on an offer of $50 per share. Mr. Kodosky's due diligence work was noted in the June 2008 issue of The American Lawyer.
  • GT Software, Inc. v. Action Motivation, Inc., et al., U.S.D.C. N.D.Ga., No. 1:07-CV-0172-BBM, June 15, 2007: Prevailed at the motion to dismiss stage of breach of contract and tortious interference with prospective business relationships action when Plaintiff's claims against client were dismissed on motion based upon lack of personal jurisdiction.
  • Cobb Ambulance Service, Inc. v. Gold Cross Ambulance Service, Inc., et al.,U.S.D.C. N.D.Ga., No. 1:05-CV-0560-CC, March 27, 2007: Prevailed at the motion to dismiss stage of antitrust litigation which arose from client’s efforts to be designated the exclusive 911 service providers for Cobb County, Georgia.
  • SmallBizPros, Inc. v. Court, 414 F.Supp.2d 1245, M.D.Ga., 2006: Prevailed on claims brought by franchisor client arising from renegade franchisee's copyright and trademark violations and breach of contract; obtained preliminary injunction enjoining Defendants from operating a competing business in violation of the Lanham Act and the parties' franchise agreement, and ordering Defendants to cooperate in orderly transfer of customers back to client, effectively ending the litigation.
  • Pro Bono
  • Fowler v. Pupcakes, LLC, (Fulton County), January 23, 2012: Prevailed at trial in recovering actual damages plus an award of attorneys’ fees in a case arising from doggie-daycare center’s gross negligence and its violations of the Georgia Fair Business Practices Act (“GFBPA”); the refusal of the doggie-daycare center and its insurer to acknowledge fault and reimburse client’s out-of-pocket damages following a pre-suit demand necessitated the filing of suit and, ultimately, resulted in client’s obtaining a full and complete recovery through trial.

Community Activities

  • Habitat for Humanity
  • Atlanta Volunteer Lawyers Foundation
  • Georgia Division of the National Ovarian Cancer Coalition

Professional Presentations

Panelist, “Managing Contract Disputes,” Global Legal & Contract Management Conference and Exhibition, Atlanta, Georgia, November 20, 2014

Admissions

Georgia

West Virginia (inactive status)

Court of Appeals for the State of Georgia

Supreme Court of Appeals of West Virginia

Supreme Court of Georgia

US Court of Appeals for the Eleventh Circuit

US District Court for the Eastern District of Michigan

US District Court for the Middle District of Georgia

US District Court for the Northern District of Georgia

US District Court for the Southern District of West Virginia

Associations

  • Defense Research Institute
  • American Bar Association, Litigation Section & Products Liability Subcommittee
  • Atlanta Bar Association, Litigation Section

Awards & Honors

  • AV Preeminent® Peer Review Rating™
  • Georgia Super Lawyer, Rising Star, 2009, 2010, 2011, 2012

Education

West Virginia University College of Law

Juris Doctor, May 1997

  • Order of the Coif
  • Order of the Barristers
  • National Moot Court Team

Indiana University of Pennsylvania

Bachelor of Science in Accounting, summa cum laude, December 1993

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