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Marcia M. Ernst
Partner / AtlantaMarcia McCrory Ernst is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP.
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Full Bio
Marcia McCrory Ernst is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP. She has substantial experience in commercial litigation at the trial and appellate court levels in both the state and federal court systems. Ms. Ernst has over 30 years of complex business and multi-party litigation experience, including fraud, business torts, contract disputes, trade secrets, debtor/creditor litigation, lender liability and other bank-related litigation, intellectual property claims, and data privacy and security law. Her practice also includes real estate development, eminent domain, construction and environmental litigation.
Ms. Ernst is rated AV Preeminent (highest available) by Martindale-Hubbell and she has been named by Georgia Trend magazine as one of Georgia’s Legal Elite in the area of General Practice/Trial Law. She has also been recognized by Best Lawyers in the area of Commercial Litigation, and listed as one of Georgia’s Most Influential and Politically-Connected Attorneys by James Magazine. Ms. Ernst also serves as a Municipal Court Judge for the cities of Sandy Springs and Milton, Georgia.
Ms. Ernst is the author of an article regarding the enforcement of foreign money judgments in light of currency conversion problems, which was published in the Emory Journal of International Dispute Resolution in 1988. She is also the co-author of an article discussing corporate strategies for combating cybersmear, which was published in the Intellectual Property Counselor in 2003. Additionally, Ms. Ernst co-authored articles concerning recent developments in zoning and land use law, which were published in the Mercer Law Review in Fall 2005, 2006, 2007, 2008 and 2009.
Ms. Ernst authored several articles in Trust The Leaders magazine, including: “Eminent Domain: Private Property Rights v. Economic Development,” published in Spring 2006, and “A Greenprint for Sustainable Development,” published in Summer 2008. Additionally, Ms. Ernst authored an article entitled “Chinese Drywall Problems and Responses,” published in the September/October 2009 edition of The Georgia Builder magazine. Ms. Ernst is also a regular contributor to the SGR Litigation Blog.
Ms. Ernst is an active member of the Home Builders Association of Georgia and serves on its Government Affairs Committee. She is also a member of the Legal Action Network for Development Strategies (“LANDS”), a national group of land use attorneys.
Ms. Ernst attended the University of Georgia, where she received a B.B.A. in Economics. She then received a J.D. from the University of Georgia School of Law, where she was a member of the Georgia Journal of International and Comparative Law. Ms. Ernst is a member of the Georgia Bar in the General Practice and Trial Law and the Privacy and Technology Law Sections.
Ms. Ernst served as a member of the Advisory Committee for Youth Leadership Sandy Springs, a program designed to develop student leadership skills, and was a member of the Leadership Sandy Springs Class of 2000. Ms. Ernst also served as a member of the National Harm Reduction and Prevention Committee of Phi Mu Fraternity.
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Bar Admissions
Georgia
Georgia State Courts
U.S. District Court Northern District of Georgia
U.S. District Court Middle District of Georgia
U.S. Court of Appeals for the Eleventh Circuit
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Education
Undergraduate- University of Georgia
Law School- University of Georgia
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Memberships
General Practice and Trial Law Section, State Bar of Georgia
Privacy and Technology Law Section, State Bar of Georgia
Lawyers Club of Atlanta
Greater Atlanta Home Builders Association
Leadership Sandy Springs
Legal Action Network for Development Strategies (“LANDS”) -
Recognitions
The Best Lawyers in America®, Commercial Litigation, Atlanta (2021-2026)
Georgia Trend Magazine - Legal Elite (2010-2012, 2014) -
SGR Publications
- New Georgia Procedure for Appealing Decisions of Lower Judicatories to State or Superior Court Takes Effect July 1, 2023
- Blinded By The Light? Georgia Court of Appeals Says Commercial Greenhouse Light Not A Nuisance
- Rescission of Agreement Defeats Arbitration Clause
- Use of Signal Jammer to Prevent Employees from Using their Phones at Work Results in FCC Fine
- SB 329 and HB 961 Introduced in the Georgia General Assembly to Address Court Ruling Barring Apportionment of Damages in Single Defendant Cases
- There is No Common-Law Right to Boot a Vehicle in Georgia: Booting a Car is Not the Same as Corralling Livestock
- A Year Later: The COVID-19 Judicial Emergency in Georgia
- Multifamily Real Estate and the CARES Act
- Coronavirus: Can Georgia Government Officials Order An Individual Quarantined for Public Health Reasons?
- Case Studies: High-Profile Cases of Privacy Violation
- 4 Questions You Need to Ask About FTC Enforcement Actions on Data Privacy Violations
- Automatic Stay of Federal Judgments Extended to 30 days
- Husted: The Legality of Purging the Voter Rolls
- Cyber Insurance: Frequently Asked Questions
- “We Have a Deal” Email Established an Enforceable Settlement, and “Standard” Release Was Not a Material Term of the Settlement
- Service by Mail Under the Hague Service Convention
- How Long Will a Civil Appeal in the Eleventh Circuit Typically Take?
- Commercial Litigation Versus Other Civil Litigation, and Emerging Commercial Litigation Trends
- Data Breaches
- New NPDES Construction Storm Water Permits
- GRTA Approves New DRI Procedures and Principles and Technical Guidelines
- A Greenprint for Sustainable Development
- Eminent Domain: Private Property Rights v. Economic Development
- Corporate Strategies for Combating Cybersmear
- Cybersmear: Supreme Court “Chats” Over Libelous Internet Messages …
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Press