Joseph E. Finley (Joe)

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Atlanta + 1.404.581.8409

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Joe Finley is a litigator and trial lawyer with more than 25 years of experience representing companies in high-stakes business and tort litigation. He focuses on complex construction and commercial disputes in federal, state, and bankruptcy courts, as well as arbitrations and mediations.

For more than a decade, Joe represented the owners of the first two nuclear units built in the United States in more than 30 years, handling litigation over project design, construction, and cost overruns in federal court and bankruptcy proceedings involving the project's engineering, procurement, and construction (EPC) contractor. He served as lead counsel in a series of construction cases concerning the technological infrastructure of Mercedes-Benz Stadium in Atlanta and has represented engineering firms, contractors, and owners in cases involving design and construction defects, delays, and contract disputes. He also advises clients on contract negotiation and drafting agreements for construction projects. His recent trial experience includes a three-week federal jury trial where commercial property owners sued a financial institution over allegedly fraudulent loans taken out in their names without consent.

Before joining Jones Day, Joe served as a prosecutor in the U.S. Navy JAG Corps, handling a dozen felony jury trials and more than 50 bench trials and contested sentencing hearings. Joe is recognized by Chambers USA as a leading construction lawyer and serves as a guest instructor for Emory Law School's Kessler-Eidson Program for Trial Techniques. In addition, Joe advises clients and speaks at seminars on the impact of generative AI on the legal profession.

Experience

  • Major public company obtains injunction against unconstitutional administrative adjudications within Department of JusticeOn behalf of a major public company, Jones Day obtained a precedent-setting injunction to stop administrative proceedings within DOJ that were being conducted by an administrative law judge ("ALJ") who is unconstitutionally shielded from the President's supervision.
  • Group of LLCs reach settlement after two-week jury trialJones Day represented a group of foreign-owned commercial real estate investment companies against a financial institution in a two-week jury trial in the Northern District of Georgia.
  • IBM amicably resolves litigation over subcontractor payments related to technology system deployed at Mercedes Benz StadiumJones Day defended International Business Machine Corporation ("IBM") against claims brought by a subcontractor in connection with the construction and technology solution deployed at the Mercedes Benz Stadium, home of the Atlanta Falcons.
  • IBM resolves lawsuit over technology deployment during NFL stadium constructionJones Day represented International Business Machines Corporation ("IBM") in a lawsuit to recover damages from the subcontractor who designed the Distributed Antenna System ("DAS") providing cellular service to the Mercedes-Benz Stadium in Atlanta, Georgia.
  • Kenall sold to Legrand, North and Central AmericaJones Day advised Kenall Manufacturing, a leading manufacturer of innovative, energy efficient, and sustainable specification grade lighting and control solutions for commercial, industrial, and institutional buildings, in its sale of the Company to Legrand, North and Central America.
  • Nuclear Energy Institute defeats NextEra Energy lawsuit claiming rights to NEI’s member-only data systemJones Day obtained a significant victory on behalf Nuclear Energy Institute, Inc. ("NEI"), a trade association for companies involved in the generation and application of nuclear power.
  • Southern Company sells Pivotal Home Solutions to American Water Works Company, Inc. for $363.7 millionJones Day advised Southern Company in the $363.7 million sale of its subsidiary Nicor Energy Services Company (d/b/a Pivotal Home Solutions) to American Water Works Company, Inc.
  • Amedisys settles putative securities class action alleging violation of Section 10(b)Jones Day represented Amedisys, Inc. and certain former officers in connection with a putative class action alleging, among other things, violations of Section 10(b) of the Securities Exchange Act of 1934.
  • Georgia Power disputes construction claims related to design of two new nuclear units, Vogtle Units 3 & 4Jones Day represented Georgia Power Company and the other owners of the Vogtle Units 3 & 4 Project in Waynesboro, Georgia in a 3-year litigation concerning more than $1.5 billion in alleged cost overruns relating to the licensing, design and construction of the first new nuclear power projects licensed in the U.S. in over 30 years.
  • Health care services company wins partial summary judgment in commercial disputeJones Day represented a health care services company in a commercial dispute over invoices with a former freight, pay, and audit service provider.
  • Yamaha prevails in Georgia Supreme Court after certiorari is denied and Yamaha's reversal of adverse jury verdict standsOn April 24, 2012, the Georgia Supreme Court denied the plaintiff's petition for certiorari and let stand the Georgia Court of Appeals' unanimous decision reversing a jury verdict against Yamaha Motor Co. in a products liability suit involving the Rhino, an off road vehicle, and directing the trial court to enter judgment in Yamaha's favor.
  • Former executive of J.P. Morgan Securities' Australia affiliate successfully defended against accusations of violating Georgia's securities and RICO lawsJones Day successfully defended a former executive of J.P. Morgan Securities' Australia affiliate accused of violating Georgia's securities and RICO laws in connection with an Australian gold mining company's private notes offering.
  • Directors and officers of Security Bank Corporation obtain advice regarding possible FDIC claimsJones Day advised directors and officers of Security Bank Corporation along with six failed bank subsidiaries against possible FDIC and other claims following the second largest bank failure in Georgia.
  • Mesa Air Group obtains Eleventh Circuit affirmance of preliminary injunction to stop contract terminationBeginning in April 2008, Jones Day represented Mesa Air Group, Inc. in a "bet-the-company" case to enjoin Delta Air Lines, Inc. from terminating a critical long-term contract under which Mesa's subsidiary Freedom Airlines, Inc. operated regional jet aircraft for Delta.
  • Dana Corporation reaches groundbreaking labor settlementJones Day represented Dana Corporation in litigation and arbitrations related to various supply contracts as part of its Chapter 11 reorganization.
  • Dana Corporation resolves dispute with major supplierJones Day represented Dana Corporation and certain of its subsidiaries in their chapter 11 cases.
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    May 2016 Commentary

    Concurrent Delay: Clearing Up the Confusion Over "Apportionment" in Construction Litigation

    March 2012 Commentary

    FDIC Failed Bank Director and Officer Claims – Recent Court Decisions Better Define The Landscape

    Additional Speaking Engagements

    • December 14, 2012
      Opening Statements and Direct Examination, NBI Seminar on Advanced Trial Tactics
    • October 24, 2012
      Perfecting the Attorney-Expert Relationship
    • February 20, 2007
      Options Backdating - Defense Strategies, Investigations and Professional liability Coverage, DRI Teleconference, presented by DRI's Commercial Litigation Committee

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