George H. Cate III

Legal Assistant
Kizar Luckett
P: 615.252.3565
Representative Experience
  • Business Litigation & Related Counseling
    • Represented luxury hotel company in defense of competitor’s claims challenging use of sales tax subsidies to develop a convention center hotel and in defense of fraud claims by a co-defendant after client terminated their proposed hotel joint venture. Secured pretrial dismissal of the former venture partner’s fraud claims and prevailed at trial with respect to the challenge to the tax subsidy financing of the hotel project.

      Represented the National Hockey League in enforcing the arbitration provisions of the NHL Constitution and owner consent agreements in a lawsuit among owners of the Nashville Predators hockey club. Served as lead counsel in successfully arguing the NHL’s motion to compel the owners to arbitrate their disputes before the NHL commissioner.

      Represented one of the largest privately held companies in the U.S. in a nationwide class action arising out of a federal criminal investigation of alleged fraudulent sales practices by certain company employees. Participated in the successful negotiation of a favorable settlement agreement resulting in dismissal of class action.

      Defended Danish construction company in federal litigation brought by a U.S. company asserting breach of license agreements governing sewer rehabilitation work in several European countries, fraud in connection with client’s computation and payment of royalties, misappropriation of trade secrets related to the client’s manufacture of sewer liners in Denmark, and related business torts.  Obtained dismissal of all fraud claims, and case thereafter settled on mutually agreeable terms during course of jury trial.

      Represented a medical imaging company in securing judgment against former employee arising from multi-year embezzlement scheme and cooperated with federal investigators and prosecutors in the successful pursuit of a criminal conviction and an order of restitution.

      Defended U.S. construction contractor in a False Claims Act case alleging fraudulent billing for services during a major sewer construction project in the Middle East. Case settled on mutually agreeable terms.

      Prevailed in a federal bench trial on behalf of a tire manufacturer in a case brought by the U.S. government alleging underpayment of federal excise taxes.

      Secured jury verdict on all claims in favor of bank in lender liability case where guarantor claimed he was defrauded into guaranteeing a bank loan.

      Obtained jury verdict on all claims in favor of an aviation manufacturer in a product liability case alleging that defects in an engine cowl-latching mechanism caused a helicopter crash.

      Secured jury verdict on all claims in favor of automobile manufacturer in a product liability case alleging that defects in the design of a seatback and seat-belt system caused the death of a passenger in a rollover crash.

      Prevailed in federal bench trial on behalf of book distribution company in defense of competitor’s lawsuit alleging the company agreed to purchase the competitor’s entire inventory of books just before the competitor filed bankruptcy.

      Represented bank in lawsuit against parties who had attempted to defraud the bank and other third parties by using counterfeit bank checks to fund the purchase of real estate. Obtained injunctive relief to avoid the loss of the fraudulent transaction proceeds, and the matter thereafter concluded on favorable terms.

      Successfully defended public company executive in litigation brought by former employer alleging violation of restrictive covenants. Secured dismissal of all claims.

      Represented French business executive in securing dismissal of breach of contract lawsuit brought by U.S. airplane charter company.  

      Obtained dismissal of federal lawsuit brought by contractor against national church organization alleging violation of construction contract for project in Greece.

      Obtained dismissal of claims asserted against large privately held company arising out of alleged failure to pay broker for its role in the sale of an insurance business.

      Successfully defended litigation brought by national insurance company against two former exclusive insurance agencies alleging various business torts and that retention of policyholder information constituted misappropriation of trade secrets and breach of fiduciary duty. Defeated application for temporary injunction and all claims were subsequently dismissed.

      Successfully defended former sales manager of company that sold Medicare Advantage plans in case asserting unfair competition and misappropriation of trade secrets; defeated two applications for temporary injunction and all claims later dismissed.

      Served as "severity counsel" for one of the largest U.S. commercial property and casualty insurance companies. Advised insurance company on the handling of high-exposure matters, provided oversight of counsel hired by the insurer to defend such cases, and represented insured funeral home in defending mass tort case arising from the activities of Tri-State Crematory in Nobel, Georgia.

      Defended automobile manufacturer in an environmental tort case in Texas arising from the operation of parts manufacturing plants in Mexico.


  • Government Enforcement Actions & Investigations
    • Represented one of the largest privately held companies in the U.S. in a federal criminal investigation arising from alleged fraudulent sales practices committed by certain employees, including participating in the successful negotiation of a non-prosecution agreement with prosecutors that avoided criminal charges against the client.  Also represented the company during an internal investigation conducted by counsel for a special committee of the board.

      Represented a large public power company in an internal investigation of the organization’s response to a highly publicized environmental spill and worked with a communications team to develop a crisis communications plan.

      Represented deferred deposit lender in defense and successful resolution of agency administrative action arising from alleged violations of state regulations.

      Conducted internal investigation for financial institution arising from loss of customer property during shipment between two facilities and resolved related claims brought by the customer.

      Advised large privately held business on internal investigation and steps to minimize potential exposure arising from fatal accident following event attended by company representatives.

      Represented a medical imaging company in an internal investigation of a multi-year embezzlement scheme by an employee. Cooperated with federal law enforcement investigators and prosecutors in their investigation and prosecution of the employee leading to conviction of the employee and an order of restitution in favor of the client. Also successfully defended the company in a related federal investigation arising from an alleged failure to provide refunds owed to patients.

      Represented automobile manufacturer in internal investigation of bank fraud and embezzlement scheme committed by employees and represented company during related federal investigation.

      Represented executive of federally regulated private company in connection with an investigation by a federal agency’s Office of Inspector General.

      Led internal investigation for insurance firm to locate, secure, and remove alleged trade secret material that employee misappropriated from previous employer thereby avoiding litigation.

      Successfully defended road builder in a federal investigation of alleged bribery of a state official.

      Defended road builder in state department of transportation proceeding to disqualify the client as a minority-owned state contractor.

      Defended owner of membership campground in civil investigation by Consumer Affairs Division of State Attorney General’s Office and negotiated assurance of voluntary compliance.