Zack Lewis is a litigator whose practice focuses on the defense of professional liability claims, construction claims, general liability claims and insurance coverage matters. Zack has successfully tried cases to judges and juries in multiple Georgia Courts. He has also briefed and argued successful dispositive motions and appeals in both state and federal courts.
Professional Liability Defense
Zack’s professional liability practice focuses on legal malpractice defense, but it also includes the defense of insurance brokers, and medical and pharmacy malpractice claims. He has particular experience handling professional liability claims arising out of cybersecurity scams. Recent experience includes claims arising from email-compromise scams (stemming from malware, phishing, social-media engineering, and email spoofing) and money-mule scams. Through this experience, Zack has worked with numerous forensic technology specialists and navigated the labyrinth of banking rules impacting domestic and international wire transfers and electronic fund transfers. In one instance, Zack assisted a real-estate client in successfully clawing back funds stolen after a cybercriminal infiltrated a closing.
Beyond cybersecurity claims, Zack has represented attorneys in civil claims brought by clients and non-clients and has litigated claims arising from commercial real-estate transactions, franchise agreements, securities compliance, and partnership agreements. Notable results include:
- Obtained summary judgment on behalf of lawyer in a legal malpractice action brought by subsidiary of Fortune 500 automotive retailer. Following summary judgment, the automotive retailer settled his client's unpaid attorney's fees counterclaim.
- Defended national law firm against motion seeking to sanction the firm and to hold it in contempt for allegedly spoliating electronic evidence and violating multiple court orders during an underlying business divorce case. Following several rounds of briefing and two evidentiary hearings, the court denied the motion entirely.
- In a multi-million dollar legal malpractice and breach-of-fiduciary lawsuit filed by a well-known court-appointed receiver, obtained complete dismissal in law firm client's favor in Federal District Court.
- Successfully defended lawyer in a federal lawsuit accusing him of garnishing income from a disabled retiree based upon an allegedly fraudulent magistrate court judgment. During discovery in the federal action, Zack initiated a parallel action in the state magistrate court, which ultimately resulted in the clerk’s office amending their records to establish the existence and authenticity of the magistrate court judgment.
- Defended law firm in defamation per se and intentional tort claim arising out of a law firm employee’s transmission of an email to an executive’s professional colleagues, superiors, and subordinates. Plaintiff claimed that he lost his job because the email falsely accused him of entering into an exclusive agreement with a vendor on a “pay for play” basis. Plaintiff's jury verdict was 50% less than his final pretrial demand.
- Obtained summary judgment on behalf of insurance broker in a failure to procure and breach of fiduciary duty claim arising from a seven-figure uncovered fire loss.
- Obtained summary judgment on all counts in law firm client's favor in malpractice action arising from a complex employment discrimination lawsuit;
- Favorably settled pharmaceutical malpractice action alleging prescription error led to Stevens Johnson Syndrome following completion of expert discovery in which plaintiff’s expert opined he could not support causation within a reasonable degree of medical certainty.
Insurance Coverage Litigation
Zack represents insurance carriers in small and high exposure first-party and third-party claims arising from both manuscript and form policies. He has prosecuted and defended declaratory judgment actions and has specific experience with a variety of policies, including commercial general liability, professional liability, D&O, automobile, and commercial property. Recent results include:
- Obtained summary judgment on behalf of insurer in two-million dollar late-notice declaratory judgment action in North River Insurance Company v. Gibson Technical Services Inc., No. 1:13-CV-1505-MHS,2014 WL 10119715 (N.D. Ga. Dec. 29, 2014);
- Obtained summary judgment regarding application of additional insured endorsement on behalf of insurer in declaratory judgment action in Essex Insurance Company v. Do It All Investment Group, Inc., No.1:11-cv-03120-JOF (N.D. Ga. June 15, 2012);
- Represented a pedestrian struck by an automobile whose insurer sought to deny coverage for late notice. After oral argument, the Superior Court of Forsyth County denied the insurer's motion for summary judgment and her lawsuit settled confidentially.
Zack has defended construction companies, remediation companies, design professionals and home inspection companies in a variety of litigation settings. Recent results include:
- Complete defense verdict for home inspection company following bench trial in which homeowners accused client of failing to detect damage to home’s subflooring;
- Defended contracting company against construction defect and intentional fraud claims brought by homeowners. Homeowner's verdict was less than 50% of final pre-arbitration demand.
- Emory University School of Law (J.D., 2009)
- Emory Bankruptcy Developments Journal
- Executive Symposium Editor (2008-2009)
- Editorial Board (2007-2008)
- Bucknell University (B.A., cum laude, 2006)
- U.S. District Court for the Northern District of Georgia
- State Bar of Georgia
- Georgia Super Lawyers, Rising Star (2018-2021)