Overview
Gary Toman has extensive experience representing corporations, banks and professionals in complex litigation and arbitration matters and business disputes. Gary has substantial experience defending corporations in a wide variety of class actions. His practice includes litigation involving business and financial transactions, product liability, business torts, contract matters including participation agreements, shareholder agreements, and non-competition agreements, and environmental, real estate and intellectual property matters. Gary has also handled cases and counseled clients in the healthcare field regarding antitrust issues, practice disputes, employment law matters and other disputes.
An experienced appellate advocate, Gary began his career as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Fifth and Eleventh Circuits. He has briefed and argued cases in federal and state appellate courts across the country. Gary often serves as appellate counsel at trials to frame the record for possible appeal.
Education & Admissions
Education
Harvard Law School, J.D., cum laude
Harvard College, A.B., cum laude
Admissions
District of Columbia
Georgia
U.S. District Court, Northern District of Georgia
U.S. District Court, Middle District of Georgia
U.S. District Court, Southern District of Georgia
U.S District Court, District of Columbia
Georgia Court of Appeals
Supreme Court of Georgia
District of Columbia Court of Appeals
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. Court of Appeals, District of Columbia Circuit
Supreme Court of the United States
Representative Experience
- Obtained $236 million verdict as co-trial counsel for plaintiffs in software patent infringement case.
- Defeated class certification in national product liability class action. Ace Tree Surgery Inc. v. Terex South Dakota, Inc., 332 F.R.D. 402 (N.D. Ga. 2019).
- Successfully defended and obtained summary judgment dismissing all claims asserted against a community bank who had acted as lead bank under a participation agreement.
- Successfully prosecuted claims by community banks against lead bank for breach of participation agreement regarding defaulted development loan.
- Successfully defended physician practice against claims asserted by employee physician, obtaining summary judgment that was upheld on appeal.
- Successfully defended apartment complex owners and managers in premises liability / negligent security case. Client found 1% at fault in death of young man on apartment complex property.
- Successfully defended property owner in action by agent claiming to be a proxy cause of a sale.
- Successfully defended banks in litigation regarding failed development loans.
- Drafted conservation easement documents.
- Lead counsel in successful Georgia Supreme Court appeal creating important precedent regarding personal jurisdiction in equity cases. Skaliy v. Metts, 287 Ga. 777, 700 S.E.2d 357 (2010).
- Participated in successful international arbitration to recover forfeited performance bond and attorneys’ fees for the arbitration.
- Won substantial arbitration award for physician against former practice group for breach of contract and business torts.
- Lead counsel in successful work-out of business dispute regarding transfer of ownership of portfolio of credit card accounts.
- Successfully represented national environmental organization to enforce terms of conservation easement.
- Successfully handled numerous fraud cases involving life insurance and other financial transactions.
- Participated in the successful defense of a number of consumer class actions involving financing transactions, regulatory and other matters.
Recent Wins
- APPELLATE VICTORIES
- Commercial Litigation
- Premises Liability
GeorgiaAfter securing two orders dismissing lawsuits filed against their clients in two different Georgia trial courts, WWHGD attorneys successfully defended and won both appeals.
- Appeal Upheld
- Appellate
CaliforniaThe Ninth Circuit Court of Appeals reaffirmed earlier decision that Berkeley's ban on new building gas infrastructure violates federal law.
WWHGD joins in this victory with Reichman Jorgensen Lehman and Feldberg.
- Plaintiff's VerdictIn favor of client
- Appellate
CaliforniaWWHGD and Reichman Jorgensen secure a precedent-setting victory on behalf of their client, California Restaurant Association.
The Ninth Circuit Court of Appeals ruled unanimously that Berkeley's ban on natural gas infrastructure - in new buildings - violates federal law.
- Appeal ReversedGeorgia Court of Appeals
- Catastrophic Injury
GeorgiaThe Georgia Court of Appeals reversed Trial Court in favor of WWHGD client.
WWHGD secured the reversal of a spoliation of evidence ruling entered by a trial court in DeKalb County in two catastrophic injury matters consolidated for purposes of discovery.
- Appeal Affirmed
- Appellate
GeorgiaCFBHN, a non-profit, publicly-funded corporation, was named as a defendant in a wrongful death action arising from a murder of a Georgia resident.
After discovery, briefings and multiple hearings, the trial court granted CFBHN’s Motion to Dismiss.
- Plaintiff's Award$236M
- Intellectual Property
DelawareWWHGD served as co-counsel in a $236 million patent infringement verdict for client Densify, a predictive analytics service for cloud computing services, against VMware, Inc.
- Plaintiff's Verdict$30M DemandClient 1% at fault
- Premises Liability
GeorgiaIn this premises liability, wrongful death case where the final demand at closing was $30M, WWHGD's client fault was limited to only 1% which was $40K.
- Summary Judgment
- Commercial Litigation
FloridaA former supplier sued our client, who has sourced and delivered premium value-added packaging for a variety of business torts.
The Federal Court granted the motion dismissing all claims, ruling that exercising jurisdiction over our client in Florida would violate the Due Process Clause of the Constitution.
- Defense Verdict$3.5M
- Catastrophic Injury
GeorgiaWWHGD secured a defense verdict in a trucking case which resulted in the death of one motorist and severe injuries of another.
- Defense Verdict$6.5M
- Appellate
- Catastrophic Injury
FloridaThe jury returned a verdict asserting no negligence on the part of the defense in this wrongful death case involving a motorcycle and truck.
Practices & Industries
Awards & Recognition
The Best Lawyers in America®, Appellate Practice, 2021-2025
The Best Lawyers in America®, Commercial Litigation, 2020-2025
Super Lawyers®, Georgia Super Lawyers List, Appellate, 2024
Super Lawyers®, Georgia Super Lawyers List, Business Litigation, 2005-2008, 2010-2021
Law.com, Runner-Up for National Litigators of the Week, April, 2023
Law360 National Legal Lion, January 2020
Martindale-Hubbell®, AV Preeminent Rating 5.0/5.0, with "high ethical standing"
American Lawyer Media and Martindale Hubbell, Top Rated Lawyer Award – Litigation, 2015
News & Publications
- Amicus Curiae Brief
- Amicus Curiae Brief
- Emerging Litigation
- Law360
- WWHGD Legal Alert
- Law360
- Law360
- Firm News
- Daily Report
- Lexis Nexis
Professional & Community Activities
Atlanta Bar Association, Litigation Section and Judicial Selection Committee, Past Member
Harvard Club of Georgia, Schools and Scholarships Committee and Alumni Interviewer, Member
Lawyers Club of Atlanta, Member
Rivershore Estates Homeowners Association, Past President
State Bar of Georgia, General Practice, Trial Section and Health Law Section, Member