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Maxwell K. Thelen

Partner, Ashby Thelen Lowry LLP

Topics: Constitution • Contracts • Education Policy • Federalism • Litigation • Second Amendment • State Courts • Federalism & Separation of Powers • State Constitutions

Max began his legal career working on the other side of the federal bench, clerking for the Hon. Henry Coke Morgan, Jr., of the United States District Court for the Eastern District of Virginia and then for the Hon. Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit.

After two years working for federal courts, Max landed a position at a large law firm in Atlanta, where he devoted his practice 100% to litigation of liability matters in defense. Max took responsibility for dozens of high-value cases, handling every aspect of fact and expert discovery, depositions, mediations, motions practice, and argument across the state of Georgia in state and federal courts. His clients ranged from small businesses to Fortune 100 corporations.

After a few years working in defense, Max joined the plaintiff’s side at an elite appellate litigation boutique. There, he honed the craft of protecting and defending victories from appellate risk, preparing arguments to overturn unjust results, and crafting creative solutions to improve results and avoid pitfalls in exceptionally high-stakes cases. Within his first year, he was embedded appellate counsel for a trial team which obtained a $9.6M jury verdict in a wrongful death case that many thought was unwinnable. His work ran the gamut from critical dispositive and Daubert motions, post-trial practice, to appeals with seven and eight figure awards on the line.

Now, at Ashby Thelen Lowry, Max brings the strategic benefit of his background in judicial service, defense experience, and appellate practice to bear in all of his catastrophic injury cases with the goal of obtaining excellent results for his clients by staying several moves ahead of the opposition. In his first trial with ATL, Max served as embedded appellate counsel in a boat defect case against Malibu Boats that resulted in a verdict that has already changed the industry forever.

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