Kenneth B. Franklin

Associate

  • Kenneth B. Franklin
  • Phone: +1 404 253 6931
    Fax: +1 404 393 0520

    Kenneth B. Franklin - LinkedIn Import to Address Book

  • Duane Morris LLP
    1075 Peachtree Street NE, Suite 2000
    Atlanta, GA 30309-3929
    USA

Kenneth B. Franklin has over 10 years of experience guiding clients through complex litigation and business disputes. Mr. Franklin's experience runs the gamut from securities litigation, to trademark defense, to construction claims, to media law, financial services, and insurance defense. Atlanta Magazine has named Mr. Franklin a Georgia Super Lawyer Rising Star from 2010 through 2018. 

Highlights of Mr. Franklin's recent experience include: enjoining the sale of expired consumables by a third party on behalf of the manufacturer; obtaining the dismissal of a dealership agreement arbitration on behalf of a parts manufacturer; representing a public REIT and the current board of directors in shareholder class action litigation filed in both state and federal court related to an $11.2 billion acquisition merger; representing a publicly traded healthcare REIT and its former directors in shareholder class action litigation filed in state and federal court related to a $1.9 billion sales merger; representing an international manufacturer pursuing construction defect and product liability claims related to the wholesale failure of the roof on a manufacturing facility; representing television show producer on defamation claim; and favorable settlements or dismissals in a number of shareholder class action and derivative lawsuits asserting claims for securities law violations and fiduciary duty breaches.   

Mr. Franklin is very active in the Atlanta pro bono community. In addition to volunteering his time to handle cases for victims of domestic violence, Mr. Franklin is a member of the Atlanta Volunteer Lawyers Foundation's Junior Board. Mr. Franklin received the Domestic Violence Project Volunteer of the Year Award from the Atlanta Volunteer Lawyers Foundation in 2014 and the prestigious Duane Morris Pro Bono Award in 2015.

Mr. Franklin is a cum laude graduate of the University of Georgia School of Law, where he was Executive Editor of the Journal of Intellectual Property Law, and a cum laude graduate of Davidson College, where he was a member of the varsity football team.

Areas of Practice

  • Securities Litigation
  • First Amendment and Media Law
  • Commercial Litigation
  • Construction Group
  • Creditors' Rights and Advisory Services
  • Bank and Financial Institution Representation

Representative Matters

  • Secured trademark injunction prohibiting sale of expired consumables on behalf of manufacturer.
  • Represented national financial institution in Telephone Consumer Protection Act litigation related to autodialing practices.
  • Obtained dismissal of dealership agreement arbitration filed by dealer against parts manufacturer.
  • Negotiated application of tax regulations on behalf of manufacturer with the Georgia Department of Law.
  • Represented insurer in builder’s risk coverage litigation related to missed elevations on a North Carolina public works project.
  • Represented public utility company in Florida litigation related to public works project.
  • Obtained dismissal on behalf of insured in litigation arising out of forged signatures on business agreements.
  • Obtained on behalf of the special committee of the Board of Directors of JAVELIN Mortgage Investment Corp. (NYSE: JMI) a denial of a motion for preliminary injunction during class action litigation in Maryland, which allowed the completion of the sale of all the shares of JAVELIN to ARMOUR Residential REIT, Inc. (NYSE: ARR).
  • Represented a public REIT and the current board of directors in shareholder class action litigation filed in both state and federal court related to an $11.2 billion acquisition merger.
  • Represented a publicly traded healthcare REIT and its former directors in shareholder class action litigation filed in state and federal court related to a $1.9 billion sales merger; representing an international manufacturer pursuing construction defect and product liability claims related to the wholesale failure of the roof on a manufacturing facility.
  • Represented a major international manufacturer in litigation related to construction and product defects with roofing materials incorporated into its 170,000 square foot manufacturing facility.
  • Represented a public REIT, and certain of its former directors, in multiple shareholder class actions related to a multibillion-dollar merger agreement in federal and state court.
  • Advised website development company in formation and subsequent sale.
  • Represented general contractor in arbitration related to the construction of a municipal wastewater treatment plant.
  • Represented precast concrete manufacturer against construction defect claims.
  • Drafted trial court brief and assisted in preparation of appellate oral argument that resulted in expanded interpretation of Georgia's long-arm statute. Vibratech v. Frost, 291 Ga. App. 133, 661 S.E.2d 185 (2008).
  • Advised asset-based lender in formation and operations.
  • Defended apartment complex in against mechanic's lien claims.
  • Prosecuted subcontractor's payment bond claims against GDOT general contractor which resulted in a favorable verdict.
  • Represented HVAC manufacturer against products liability claims.
  • Represented former employee in restrictive covenant litigation.

Admissions

  • Georgia
  • Florida
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Bankruptcy Court for the Northern District of Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Southern District of Georgia
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Southern District of Florida

Education

  • University of Georgia School of Law, J.D., cum laude, 2007
    - Journal of Intellectual Property Law, Executive Editor, 2006-2007; Editorial Board, 2005-2006
  • Davidson College, A.B., cum laude, 2004

Professional Activities

  • Atlanta Volunteer Lawyers Foundation's Junior Board
  • Business Roundtable of Atlanta

Honors and Awards

  • Recipient of the Duane Morris Pro Bono Award, 2015
  • Recipient of the Domestic Violence Project Volunteer of the Year Award from the Atlanta Volunteer Lawyers Foundation, 2014
  • Georgia Super Lawyers Rising Star, 2010-2019

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

  • The Westminster Schools

    • Westminster Fund Reunion Fundraising Chair, 2015-2017
    • 15th Year Runion Committee, Fundraising Chair
    • Westminster Fund Class Agent, 2005-2008
    • Division Chair, 2008-2010
    • 10th Year Reunion Committee, Co-Chair
    • Alumni Leadership Giving Committee, 2010-2011
  • Regularly volunteer to represent individuals pro bono through the Atlanta Volunteer Lawyers Foundation's Domestic Violence Program
  • Davidson Gridiron Club

Selected Publications

  • Co-author, "Chapter 20: Dismissals," Florida Civil Practice Before Trial, The Florida Bar Continuing Legal Education, 2014
  • Co-Author, "A CFM's Guide to Drafting Sensible & Useful Subcontracts," CFMA Building Profits, January/February 2014
  • Note, "A Brave Attempt: Can the National Collegiate Athletic Association Sanction Colleges and Universities with Native American Mascots?" 13 J. Intell. Prop. L. 435 (2006)
  • Author, "Spouse's Challenge Is an Eye-Opener," Daily Report, March 16, 2012