education

University of Georgia School of Law (J.D., 1975)
University of Georgia (B.A., 1972)

related practices

bar admissions

Georgia

court admissions

United States Supreme Court
U.S. Tax Court
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Middle District of Georgia
U.S. District Court, Northern District of Georgia
U.S. District Court, Southern District of Georgia

Walter H. Bush

Shareholder

Atlanta

T: 404.815.2705

F: 404.815.3415

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Walter Bush has 36 years of experience representing and counseling clients in litigation, including class actions and other civil controversies of major significance over a broad range of industries, including insurance coverage, products liability, professional negligence, corporate governance, securities fraud, director and officer liability, and media/First Amendment matters.

Mr. Bush is a member of the Advisory Board of the Reynolds National Center for Courts and Media of Reno, Nevada and the Professional Liability Underwriting Society.

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Representative Matters
- Successfully represented national title insurance underwriter in administrative enforcement action by state department of insurance seeking potential license revocation, recoupment of alleged underpaid premium taxes and imposition of multi-million dollar fines and penalties regarding alleged unfair consumer trade practices in policy pricing.
- Represented majority owners of restaurant chain in corporate control dispute, resulting in court enforced valuation and buyout of minority shareholder.
- Defense of suits in South Carolina and Georgia Federal Courts by banks for recovery under fidelity bonds for loan losses resulting from residential land development scheme in North Carolina involving loan losses in excess of $100 million, where banks seek to make closing attorney a covered employee under terms of the bonds. South Carolina case resolved after mediation; Georgia case now before the court on cross motions for summary judgment.
- Defense of surplus lines insurance carrier in suit by bankruptcy trustee for coverage under investment management policy alleged to cover investment advisor accused of Ponzi scheme resulting in significant unpaid investor losses.
- Representing individual taxpayer and closely held corporations in defense of suit for expenses by participants in disallowed tax shelter arising out of sale of international business and involving major law and accounting firms as co-defendants.
- Coverage analysis and defense under excess policy of claim for coverage of judgment against insured arising out of litigation by purchaser of industrial equipment for allegedly improper construction and installation of equipment and alleging failure to provide adequate notice of reservation of rights in defense of underlying litigation.
- Lucas v. Buyers’ Guide, 2008 GACA A07A2069-020608 (Super. Ct. Houston County, Georgia) (2008) (suit for libel and libel per se as a result of newspaper publication of two articles concerning developer’s “clear cutting” of school board property; successfully limited discovery; obtained summary judgment for newspaper; affirmed on appeal by Georgia Court of Appeals).
- Columbus Ledger-Enquirer v. Muscogee County School Board, (Super. Ct. Muscogee County, Georgia) (2008) (suit under Georgia Open Records Act to obtain demand letters submitted by attorneys for students allegedly sexually molested by high school teacher; order of court granted in favor of newspaper).
- Macon Telegraph Pub. Co. v. Tatum, 263 Ga. 678, 436 S.E.2d 655 (1993) (invasion of privacy claim based upon publication of name of victim of alleged sexual assault).
- Macon Telegraph Pub. Co. v. Board of Regents of the University System of Georgia, 256 Ga. 443, 350 S.E.2d 23 (1986) (newspaper access to University of Georgia Athletic Association records under Open Records Act).
- Baptist Convention of the State of Georgia v. Shorter College, 266 Ga. App. 312, 596 S.E.2d 761 (2004), aff'd, 279 Ga. 466, 614 S.E.2d 37 (2005) (suit over ownership and control of a liberal arts college).
- Morton v. Georgia Department of Agriculture, (Super. Ct. Fulton County, Georgia) (2007 and ongoing) (suit to force the Georgia Department of Agriculture to enforce state law prohibiting the use of carbon monoxide gas chambers to euthanize companion animals by state licensed animal shelters; obtained mandatory injunction requiring Department to enforce statutes, and after continued failure to do so, obtained order holding Department and its Commissioner in contempt).
- BKJB v. Gitner, 284 Ga. App. 862 (2007) (lead counsel in defense of former AmLaw 100 partner in suit arising out of prior litigation against BKJB partnership, which included one of state’s most successful plaintiff attorneys; motion to dismiss granted by trial court and affirmed by Georgia Court of Appeals).
- GF Health Products, Inc. v. All-Med Services of Florida, Inc., (Dade County, Florida) (2008) (suit on account receivable of approximately $200,000 originally handled by Florida collection attorney; on eve of trial client discovered that breach of warranty and product liability claims subjected it to possibly significant adverse verdict; served as lead counsel at trial, resulting in judgment for client in excess of $300,000, and dismissal of all counter claims).
- Crosse v. Georgia Baptist Healthcare System, (Super. Ct. Fulton County, Georgia) (2007) (lead trial attorney in two week medical malpractice jury trial with special damages in excess of $1 million, resulting in defense verdict).
- Allen Insurance, Inc. v. Canadyne Georgia Corporation, (Super. Ct. Peach County, Georgia) (2007) (lead counsel in defense of commercial property damage claim alleging contamination from Superfund Site; favorably settled on eve of trial).
- Bethlehem Steel Corp. v. Tidwell, 66 B.R. 932 (M.D. Ga. 1986) (enforceability of lien rights).
- Canadyne-Georgia Corp. v. Cleveland, 72 F. Supp. 2d 1373 (M.D. Ga. 1999).
- Canadyne-Georgia Corp. v. NationsBank, N.A. (South), 982 F. Supp. 886 (M.D. Ga. 1997).
- Canadyne-Georgia Corp. v. NationsBank, N.A. (South), 183 F.3d 1269 (11th Cir. 1999) (series of CERCLA Cost Recovery Cases).
- Hart v. Marion A. Allen, Inc. of Georgia, 211 Ga. App. 431, 440 S.E.2d 26 (1993) (enforceability of restrictive covenant in employment contract).
- Neely v. McCants, 258 Ga. 298, 368 S.E.2d 516 (1988) (application of Open Meetings Act to county commission meeting regarding hazardous waste incinerator).

Publications

01.13.2012	Co-Author, “Out of Houston? The Venue Argument in the Skilling Case,” Reynolds Courts & Medial Law Journal, Vol. 1, No. 1 (Winter 2011).
10.04.2010	Client Alert: New Registration Requirements for Foreclosed Properties in DeKalb County, Georgia: Stiff Penalties for Failing to Register (October 4, 2010).
06.19.2009	“Case Study: Using the Virtual Law Firm Concept and a Fixed Fee Arrangement in a Mass Tort Setting,” prepared for Martindale-Hubbell Counsel to Counsel Forum, Chicago, IL (June 19, 2009).
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Speaking Engagements
- “Free Press v. Fair Trial in the Skilling Case” and “Will Social Media Re-Write Traditional Venue Law?,” Reynolds National Center for Courts & Media Winter Regional Conference, Houston, TX (January 26, 2011)
- “Litigation & Dispute Resolution Management: Aligning Strategy, Budget and Support,” Martindale-Hubbell Counsel to Counsel Forum, Chicago (June 19, 2009)
- “Liability for Communications in an Electronic World,” 2nd Annual U.S. Litigation Seminar, London (October 14, 2004)
- “Expert Witness Testimony in Georgia After 2005 Tort Reform,” 24th Annual Insurance Law Institute, Georgia ICLE (September 24, 2005)
- “Abusive Discovery Practices,” 23rd Annual Insurance Law Institute, Georgia ICLE (September 30, 2004)
Professional Recognition
- AV Rated by Martindale-Hubbell
- Georgia Super Lawyers (from inception through 2012)
- Georgia Trend Magazine, Legal Elite (2007)
Professional and Civic Activities
- American Bar Association
  Section of Litigation
  Forum on Communications Law
  First Amendment and Media Law Committee
- Past Member, Board of Trustees, Georgia Institute for Continuing Legal Education
- Judicial Nominating Commission of the State of Georgia
- State Bar of Georgia
  Past Member, Statewide Judicial Evaluation Committee for District 5
  Past President, Younger Lawyers Section
- Leadership Georgia
- Past Director, Georgia Chamber of Commerce
- Associate Member, Georgia Press Association
- Past Director, Central Georgia Regions, Colonial Bank
- Past Chairman and Charter Board of Directors member, First Macon Bank & Trust Company
News

03.02.2012

Five Carlton Fields Attorneys Named 2012 Georgia Super Lawyers

05.14.2010

Carlton Fields Co-Hosts Counsel to Counsel Forum in Miami

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Walter H. Bush

03.02.2012	Five Carlton Fields Attorneys Named 2012 Georgia Super Lawyers
05.14.2010	Carlton Fields Co-Hosts Counsel to Counsel Forum in Miami