SCOTT D. MCALPINE
Phone: (404) 228-4822
Direct Line: (470) 312-2239
Fax: (404) 228-4821
One Midtown Plaza
1360 Peachtree Street, Suite 1201
Atlanta, Georgia 30309
- J.D., University of North Carolina (1999)
- B.A., cum laude, College of the Holy Cross (1995)
Voted Super Lawyers 2016
Scott McAlpine has devoted his trial practice to representing business owners, shareholders, developers, builders, commercial landlords and tenants, real estate brokers, contractors and property owners in many types of business disputes, including commercial real estate litigation, partnership and shareholder disputes, business divorces, commercial lender-debtor disputes, construction litigation, commercial real estate broker disputes, real property ownership disputes, commercial real estate fraud and shareholder fiduciary law. Mr. McAlpine has experience litigating in all federal and state courts and before commercial arbitration panels such as the American Arbitration Association. Mr. McAlpine has also been recognized by Super Lawyers Magazine as a Super Lawyer in Business Litigation.
Real Estate and Business Litigation
- Successfully obtained a multi-million dollar award in favor of the minority members of several complex commercial real estate ventures against the manager of those companies for breach of fiduciary duty, fraud and other claims.
- Obtained summary judgment in favor of a commercial property owner on claims for conspiracy to breach fiduciary duty and tortious interference with business relations.
- Successfully defended numerous commercial debtors against commercial lenders seeking to recover on promissory notes and guaranty agreements following the real estate crash of 2008.
- Successfully counterclaimed against a lender seeking to enforce a guaranty agreement based upon the lender’s breach of related development loan agreements.
- Successfully obtained the discharge of a developer’s guaranty of a commercial promissory note following the lender’s failure to judicially confirm the foreclosure sale of real property securing that note.
- Successfully represented commercial judgment debtors on claims against them and their affiliates seeking to set aside transfers of property under Georgia’s Uniform Fraudulent Transfers Act.
- Successfully defended the owner of a shopping center on claims seeking injunctive relief and the appointment of a receiver.
- Successfully obtained injunctive relief for a real estate broker in the sale of a business following the seller’s refusal to pay a commission.
- Successfully obtained control of a business on behalf of an owner in the context of a business divorce.
- Mr. McAlpine also has extensive experience in Georgia’s appellate courts. He has obtained numerous favorable reported appellate decisions, including the landmark decision in RES-GA Hightower, LLC v. Golshani, 334 Ga. App. 176 (2015), that restricted the ability of assignees of debts to bring fraudulent transfer claims against debtors, and resulted in the Georgia General Assembly amending Georgia’s Uniform Fraudulent Transfers Act in 2015.
- Mr. McAlpine’s most recent reported appellate decisions resulting in favorable rulings for his clients include the following:
- McElvaney v. Roumelco, LLC, 331 Ga. App. 729 (2015) (reversing grant of motion for summary judgment on an claim seeking an ownership interest in an apartment complex).
- Bank of North Georgia v. Windermere Development, Inc., 316 Ga. App. 33 (2012) (reversing denial of a commercial debtor’s motion for summary judgment on a bank’s suit to enforce a guaranty agreement and resulting in the discharge of a commercial debtor’s obligations under that guaranty agreement)
- GCCFC 2007-GGP Abercorn Street Ltd. Partnership v. Abercorn Common, LLP, 316 Ga. App. 879 (2012) (affirming a trial court’s decisions to deny confirmation of a non-judicial confirmation sale and resulting in the discharge of the guarantor’s liability for the underlying debt).
- White v. Shamrock Building Systems, Inc., 294 Ga. App. 340 (2008) (reversing denial of motion for summary judgment on claims of breach of fiduciary duty in a commercial real estate dispute).
Publications & Presentations
- Presenter: 2017 ICLE Hotel Series, Cartagena, Columbia, "Georgia's Uniform Fraudulent Transfer Act'