Mr. Custer has extensive experience representing corporate clients in a wide range of complex commercial litigation which has been highlighted by disputes involving banking, fiduciary responsibility, insurance, and corporate transactions.  Mr. Custer has been ranked by his peers in one widely-published poll as one of the top 100 lawyers in Georgia.

As a result of the Firm’s considerable base of banking clients, Mr. Custer has represented regional, national and international banks in cases involving such matters as lender liability, RICO, truth in lending, claims under the False Claims Act, and fiduciary liability.

Mr. Custer's practice has also involved the management and coordination of multi-jurisdictional and national product liability litigation.  During his career, Mr. Custer has acted as national discovery counsel for one of the country's largest retail companies, national coordinating counsel for the defense of toxic tort claims against a Fortune 500 manufacturing company and national Daubert counsel for another Fortune 500 manufacturing corporation.  Mr. Custer's defense of such cases has been distinguished by the innovative use of The Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

Select Representations

• Represented a large building products conglomerate in litigation with former shareholders involving claims in excess of $100 million
• Represented a national bank in the defense of claims brought under the False Claims Act alleging tens of millions of dollars in damages stemming from fees charged in connection with mortgage originations
• Represented a major league baseball team in litigation with its landlord over a change in the team’s name in which the landlord sought over $300 million in damages
• Represented over fifty banks in a loan participation in their claims against a developer involving an $89 million revolving line of credit and subsequent fraudulent transfer litigation
• Represented national credit card processor in the defense of tortious interference with contract claim arising out of acquisition of competing company and alleging over $100 million in damages
• Represented national outdoor advertising company in defending a multi-million dollar verdict on appeal to the Georgia Court of Appeals and Georgia Supreme Court
• Represented seller of national security company in multi-million dollar purchase price dispute with purchaser
• Represented over sixty individual bottlers and an associated trade group in claims against a national beverage concern alleging violations of a national beverage distribution agreement
• Represented a national big box retailer in dispute with contractor over the construction of multiple stores in the southeast
• Represented a national military contractor in its defense of claims brought under the False Claims Act alleging tens of millions of dollars in damages arising from a contract to maintain military vehicles
• Represented a bankruptcy trustee in fraudulent transfer claim against sellers of stock in a leveraged buyout transaction
• Represented a national insurance company in multiple cases alleging bad faith failure to settle underlying claims
• Represented multiple banks in class actions alleging violations of the Electronic Funds Transfer Act
• Represented both originating banks and participant banks in numerous disputes over participation agreements relating to real estate loans
• Represented the Chambers of Commerce for the States of Georgia, Arkansas, Florida, Illinois, Indiana, Kentucky, Michigan, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and Wisconsin as an amicus curiae in proceedings before the United States Supreme Court challenging the constitutionality of the Affordable Care Act (“Obamacare”)
• Represented the Georgia Chamber of Commerce as an amicus curiae in various proceedings before the Georgia Supreme Court, the Georgia Court of Appeals and the United States Court of Appeals for the Eleventh Circuit involving tort reform issues
• Represented the Georgia Bankers Association as an amicus curiae in various proceedings before the Georgia Supreme Court and the Georgia Court of Appeals involving disputes over fees and foreclosure requirements

Bar and Court Admissions

Georgia, 1986

United States Supreme Court

United States Court of Appeals for the Eleventh Circuit

United States District Courts for the Middle, Northern, and Southern Districts of Georgia

Education

University of Georgia, J.D., 1986

Emory University, B.A., 1983

Publications

• "The Development of Judicial Policy on the Phenomenon of Multiple Chemical Sensitivity in the Post-Daubert Era," 15 Journal of Toxicology and Industrial Health 428, co-authored with E. Kertscher, 1999
• "Tainted Imports Require Refresher On CPSC Reporting Requirements; Companies Must Report a Product if a Defect Constitutes a Substantial Product Hazard," Industry Week, co-authored with Adwoa Ghartey-Tahoe Seymour, August 2007
• "Multiple Chemical Sensitivity Syndrome: The Wavering Influence of the Courts on Public Policy," 24 Regulatory Toxicology and Pharmacology S182, 1996

Professional Affiliations

• Lawyers Foundation of Georgia
• State Bar of Georgia – Board of Governors
• State Bar of Georgia – Trial Practice Section
• State Bar of Georgia – Products Liability Section, Newsletter Editor

Civic Involvement and Honors

• Best Lawyers (Commercial Litigation, 2007-2010)
• Georgia Super Lawyer Top List (2013)
• Georgia Super Lawyer (2007-2009; 2012-2013)
• Everybody Wins! – Director