Rocco E. Testani, Partner

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1 , Partner 999 Peachtree Street, NE Suite 2300 Atlanta, GA Office: Rocco Testani represents clients in litigation ranging from complex business disputes to civil rights and constitutional law cases. He has represented state and local government officials across the nation in school finance matters, including education funding and adequacy litigation. Rocco serves as co-leader of the firm s Business and Commercial Litigation team and head of the firm s Education, Government and Civil Rights team. Related Practices / Industries Litigation Complex Business Litigation Class Action Defense Education, Government & Civil Rights Alternative Dispute Resolution Bar Admissions Georgia Over the past twenty years, Rocco has tried numerous cases in both federal and state courts, in Georgia and other states. He has a broad range of experience in many types of cases including bet the company commercial matters, as well as in high-profile public policy and governmental disputes. Experience Sutherland represents State of Georgia, State Board of Education and State School Superintendent in challenge to state s school funding laws. Sutherland attorneys successfully represented the State of Georgia, State Board of Education and State School Superintendent in a constitutional challenge to the state s public school funding statutes. The plaintiffs dismissed their case shortly before the scheduled trial. Sutherland successfully defends defense and aerospace firm in shareholder action. We represented a major defense and aerospace firm in a shareholder action challenging a tender offer and plan of merger, resulting in the dismissal of all claims. Sutherland defends consumer products company in trade secret litigation. Sutherland successful defended an international consumer products company in trade secret litigation brought by a competitor, defeating the claim for injunctive relief. The plaintiff subsequently dismissed the action. Sutherland represents pharmaceutical company in unfair competition and misappropriation matter. Sutherland defended a pharmaceutical company against claims of unfair competition and misappropriation asserted by competitor.

2 Sutherland represents all start-up charter schools in City of Atlanta against Atlanta Public School System. We currently represent all charter schools in the Atlanta Public School System (APS) in litigation against APS, seeking recovery of millions of dollars in local revenue funding under state law. The trial court granted our client s petition for relief. Sutherland secures jury verdict for client in breach of contract case. Sutherland represented a major service provider in the retail and hospitality industry in a three-week jury trial in which the plaintiff asserted breach of contract claims and sought millions of dollars in purported lost profits. The jury returned a defense verdict, and the decision was affirmed on appeal. Sutherland represents health care industry organization in IP and breach of contract matters. Sutherland represented an independent service organization in the health care industry in connection with intellectual property and breach of contract claims in multiple jurisdictions. Sutherland defends automotive finance company in federal class action involving racial discrimination in credit pricing. Sutherland defended an automotive finance company in a federal class action trial against charges of discrimination in credit pricing contrary to the Equal Credit Opportunity Act. This was the first such case to be tried and involved complex statistical evidence. Similar actions against other banks and finance companies resulted in class-action settlements with class counsel receiving in excess of $50 million in attorneys' fees. Sutherland successfully defends private college against accusations of building defects. Sutherland represented a college against a general contractor who built a new academic center with substantial building defects. Sutherland represents forest products company in jury trial. Sutherland defended a major forest products company in a four-week jury trial involving claims of mismanagement and breach of contract. Sutherland defends special committee of board of directors in class action seeking to enjoin billion-dollar management-led buyout. Sutherland represented a the special committee of a board of directors in a class action and shareholder derivative proceeding seeking to enjoin a proposed $1 billion management-led buyout. Plaintiffs dropped their claim for injunctive relief, and the court granted our clients motion to dismiss the shareholders' derivative claim. Sutherland represents consumer products company in litigation involving allegations of "channel stuffing." Sutherland represented an international consumer products company and its top executives in a securities class action and related shareholder derivative action involving claims of

3 "channel stuffing." We succeeded in obtaining dismissals of both the federal securities case and the related shareholder derivative proceeding filed in state court. Sutherland defends auto manufacturer in multi-plaintiff dispute with franchisees. Sutherland successfully defended an automobile manufacturer in a multi-plaintiff dispute with franchisees concerning payments for warranty parts. Sutherland and Michigan AG defend State and Governor of Michigan in 35-year-old school desegregation case. Sutherland, along with the state attorney general's office, represented the State and Governor of Michigan in a 35-year-old school desegregation case involving the Benton Harbor School District. After a three-week trial, the court granted the State's motion for unitary status, resulting in a phase-out of extraordinary state funding for the districts. Sutherland represents New York State in a constitutional challenge to education funding of NYC public schools. Sutherland represented the State and Governor of New York, along with AG's office, in a seven-month bench trial in a case challenging the constitutionality of the state's education financing system and the adequacy of the New York City public schools. Awards and Rankings Selected as a Georgia Local Litigation Star by Benchmark Litigation ( ) Named to The Best Lawyers in America in the area of education law ( ) Selected for inclusion in Georgia Super Lawyers ( ) Professional Activities Member, American Bar Association Member, State Bar of Georgia Member, Atlanta Bar Association Member, Federalist Society Member, Law and Judiciary Committee, Georgia Chamber of Commerce Member, State Bar of Georgia/Georgia Chamber of Commerce Task Force on Electronic Discovery Chairman of the Board, Reach for Excellence, Marist School Past Chairman of the Board, Catholic Charities Atlanta Past Chairman of the Board, Christ the King School Articles Avoiding Benefit of the Bargain Damages in Letters of Intent (October 2010) Business Law Today Educational Adequacy Litigation - A Detour on the Road to Reform (April 2005) Lexis Nexis

4 Presentations Association of Corporate Counsel Annual Meeting (October 27-30, 2013) Georgia State E-Discovery Rules (November 2012) Institute for Continuing Legal Education Free Speech or Misconduct: Board Members, Staff, Students and the Internet (November 2012) Georgia School Boards Association What Did You Intend? Practice Points in Negotiating Letters of Intent: Using the Tools and Avoiding the Traps? (October 12, 2010) ACC Georgia Chapter Luncheon Affirmative Action in the University Context: Another View (September 12, 2006) The Politics of Inclusion: Higher Education at a Crossroads, University of North Carolina Law School School Board Basics (April 18-21, 2006) The 103rd Annual NCEA Convention and Exposition Educational Adequacy (March 27, 2006) Virginia Commonwealth Education Law Conference Adequacy Lawsuits: Their Growing Impact on American Education (October 13-14, 2005) Program on Education Policy and Governance Conference Education Adequacy Litigation - A Detour on the Road to Reform (April 29, 2005) Virginia Commonwealth Education Law Conference Brown v. United States of America: Debating the Issues Past, Present, and Future (August 7, 2004) American Bar Association's Commission on the 50th Anniversary of Brown v. Board of Education 50 Years After Brown, What Have We Achieved and What Remains to Be Done? (April 23-24, 2004) The Price of Leaving No Child Behind: The Financial Impact of High Standards on Urban School Districts (2003) National School Boards Association Annual Meeting Practical Strategies for Promoting Diversity in Admissions and Assignments (2002) National School Boards Association Annual Meeting

5 Education J.D., magna cum laude, University of Michigan Law School B.A., summa cum laude, Emory University, Phi Beta Kappa Harry S. Truman Scholar Court Admissions U.S. Court of Appeals for the First Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Georgia U.S. District Court for the Middle District of Georgia U.S. District Court for the Western District of Michigan U.S. Court of Federal Claims Trial and Appellate Courts Georgia

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