Peter L. Munk

Representative Matters

• Obtained dismissal with prejudice in federal court for executive sued individually for alleged fraudulent inducement and related claims arising from the purchase of a company that failed to achieve an earnout.
• Successfully represented medical services provider in litigation brought by competitor seeking to enjoin and invalidate a $2.4 billion, ten-year contract awarded to the client by the State of Georgia. The competitor’s requested relief was denied in its entirety, resulting not just in denial of preliminary injunctive relief, but complete dismissal of all claims. 
• Obtained summary judgment in Georgia Superior Court on behalf of owner of low-income housing development. In what may be the first such decision applying Georgia’s tax exemption statue (O.C.G.A. 48-5-41) to a low-income housing development, the Court found that there was no disputed issue of material fact that the development was an “institution of purely public charity” as a matter of law.
• Secured take-nothing arbitration award for a public company sued by a former acquired company for alleged breach of an earnout provision. After a one-week arbitration hearing in which Peter served as lead counsel, the arbitrator found that the claimant failed to prove liability or damages, and was not entitled to recovery under any theory
• Represented financial institution in a federal lawsuit brought by a banking customer for alleged violation of various state and federal statutes, obtaining dismissal of all claims with prejudice
• Defeated motion for default judgment and successfully set aside entry of default in federal district court, thus allowing real estate developer client to defend claims against it on the merits
• Secured a major arbitration victory for SmartSky Networks, LLC against its former technology vendor and related companies and individuals. After a two-week arbitration hearing, an arbitration panel found in favor of SmartSky on its claims for breach of contract, misappropriation of trade secrets, and related claims, awarding over $12.5 million in monetary relief and a permanent injunction to prevent misuse of SmartSky intellectual property
• Represented business development company sued for alleged breach of contract, obtaining summary judgment in federal district court and successfully defending the judgment on appeal in the US Court of Appeals for the Second Circuit
• Represented company in declaratory judgment and breach of contract action brought against primary competitor, obtaining preliminary injunctive relief
• Represented limited liability company owner against former associate claiming to be 50/50 partner in the business, obtaining summary judgment as to former associate’s claims
• Represented early-stage technology company sued by former employee for alleged breach of employment agreement, obtaining complete defense verdict in bench trial
• Represented airline in suit brought by passenger challenging the company’s contract of carriage, winning summary judgment
• Represented chemical manufacturing company in trade secret misappropriation and breach of contract case brought against former employee, obtaining preliminary injunction and eventually winning summary judgment
• Streamlined arbitration by successfully obtaining dismissal of company CEO who had been named as a party and RICO claims brought against the company in suit brought by former acquisition target
• Represented Georgia municipality in $30 million class-action lawsuit brought by citizens’ group for recoupment of electric rates, obtaining summary judgment
• Retained by Fortune 500 client to set aside substantial default judgment entered against it in Georgia state court and successfully achieving desired result
• Represented manufacturer of children’s products in products liability suit involving one of the company’s most popular products, obtaining summary judgment
• Obtained dismissal for university named as defendant in suit involving claims for RICO, computer crimes, and fraudulent misrepresentation, with result affirmed on appeal in the US Court of Appeals for the 11th Circuit
• Represented company in dispute over profit-sharing agreement with former employee
• Represented trucking parts supplier in case involving theft of proprietary customer list by former manager, obtaining partial temporary restraining order in federal district court, which led to favorable resolution

Previous Professional Experience

• Litigation associate, Atlanta law firm (2012–2015)

Internships

• The Honorable E. Clifton Knowles, Federal Magistrate Judge, Middle District of Tennessee (2010)