Experienced & Aggressive Atlanta Business Litigation Attorneys

BAR ADMISSIONS:


State Bar of Georgia, 1985
Georgia Court of Appeals and Georgia Supreme Court, 1985
United States District Court, Northern District of Georgia, 1985
U.S. Court of Appeals, Eleventh Circuit, 1985
United States District Court, Middle District of Georgia, 1994

United States Supreme Court, 1998


SIGNIFICANT REPORTED CASES:


Turner v. American Federation of Teachers Local 1565, 138 F. 3d 878 (11th Cir. 1998)(state
law tortious interference with contract claim preempted by federal Labor
Management Relations Act);


Turlington v. Atlanta Gas Light Co., 135 F. 3d 1428 (11th Cir.), reh’g en banc den’d, 144
F.3d 57, cert. den’d, 525 U.S. 962 (1998) (in age discrimination case, reversed district
court award of attorney fees in first 11th Circuit decision explicitly adopting bad faith
standard for fees under ADEA; later persuaded district court to award no fees);


Evans v. McClain of Georgia, Inc., 131 F. 3d 957 (11th Cir. 1997), reversing 934 F. Supp.
1383 (M.D. Ga. 1996)(reversed district court grant of summary judgment in first 11th
Circuit decision explicitly rejecting “pretext-­‐‑plus” standard in employment
discrimination cases);


In re Verilink Corp., 457 B.R. 832 (N.D. Ala. 2011), and six earlier reported
decisions since 2009 (including two successful reversals of grants of motions
to dismiss malpractice claims against national law firm, and denial of request
for interlocutory review);


Atwater v. National Football League Players Ass’n, 2007 WL 1020848, 181 L.R.R.M. Cases
(BNA) 2993 (N.D. Ga. 2007)(ruling breach of fiduciary duty claims brought by former
NFL players against NFLPA for failing to properly vet financial advisor in NFLPA
program were not preempted by collective bargaining agreement);


In re Cardinal Health, Inc. Sec. Litig., 226 F.R.D 298 (S.D. Ohio 2005)(appointment of
lead plaintiff in securities class action);


Hipps v. United Steelworkers of America, 2001WL194307, 85 FEP Cases (BNA) 367 (N.D.
Ga. 2001)(denying attorney fee claim after jury returned mixed-­‐‑motive verdict but no
damages)
Harrison v. Northwest Airlines, Inc., 162 L.R.R.M. Cases (BNA) 2062 (N.D. Ga. 1999),
aff’d, 11th Cir. Case No. 00-­‐‑10591-­‐‑D (2000)(attempted vacation of arbitration award
under Railway Labor Act);


Hoffman v. St. Joseph’s Hospital, 1998 WL 283540, 4 Wage & Hour Cas.2d (BNA) 972
(N.D. Ga. 1998)(granting summary judgment to plaintiff class alleging violation of
Fair Labor Standards Act by hospital’s failure to pay therapists required to carry
pagers during lunch break);


EMC Corp. v. Roland, 916 F. Supp. 51 (D. Mass. 1996)(recognizing exception to “first-­‐‑
filed rule” to dismiss declaratory judgment action by employer against employee
about to file sexual harassment claim);


Earthlink, Inc. v. Eaves, 293 Ga. App. 75 (2008)(upholding certification of nationwide
class of consumers suing over early termination fees);


Ashe v. Clayton County Community Service Bd., 262 Ga. App. 738 (2003)(executive
director of county mental health agency was not an officer, but an employee whose
contract with agency was not void as against public policy);


Shilliday v. Dunaway, 220 Ga. App. 406 (1996)(motion for new trial in civil case after
revelation of police misconduct in investigation of accident);


McFrugal Rental of Riverdale, Inc. v. Garr, 262 Ga. 369 (1992)(under Georgia Open
Records Act, custodian of records bears burden on demonstrating reasonableness of
fee imposed); and


Chamlee v. Department of Transp., 182 Ga. App. 120 (1987)(order granting motion for
directed verdict must have written findings of fact and conclusions of law).


BAR ASSOCIATION LEADERSHIP:


American Bar Association
Co-­‐‑Chair, Committee on Federal Legislative Developments, Section of
Labor and Employment Law, 1996-­‐‑2000


State Bar of Georgia
Labor and Employment Law Section
Chair, 2001-­‐‑2002
Vice-­‐‑Chair, 2000-­‐‑2001
Secretary, 1999-­‐‑2000
Treasurer, 1998
Member, Special Committee on Auction Rate Bond Investment, 2009


Atlanta Bar Association
Labor and Employment Law Section
Chair, 1999-­‐‑2000
Vice-­‐‑Chair, 1998-­‐‑99
Secretary-­‐‑Treasurer, 1997-­‐‑98


Federal Bar Association, Member


AFL-­‐‑CIO Lawyers Coordinating Committee, Past Member


American Association of Justice, Member


Georgia Trial Lawyers Association, Member


LEGAL SCHOLARSHIP AND CLE LEADERSHIP:


Contributing Author, The Fair Labor Standards Act (BNA Books), 2000


Contributing Editor, Discipline and Discharge in Arbitration (BNA Books), 1998


Program Co-­‐‑Chair, Election Law, sponsored by ICLE in Georgia, April 2006


Program Co-­‐‑Chair, 31st Annual Labor and Employment Law Institute,
sponsored by ICLE in Georgia, December 2001


Program Co-­‐‑Chair, 29th Annual Labor and Employment Law Institute,
sponsored by ICLE in Georgia, December 1999


Georgia Election Laws, What Campaigns and Political Parties Can and Cannot
Do, Election Law, sponsored by ICLE in Georgia, April 2006


Current Trends and Developments in Wage and Hour Law, 29th Annual Labor and
Employment Law Institute, sponsored by ICLE in Georgia, December 1999


Electing Union Members to Public Office, AFL-­‐‑CIO Union Lawyers Conference, New
Orleans, May 1999


Current Developments in Wage and Hour Law, Recent Developments in Employment
Law Seminar, State Bar of Georgia Annual Meeting, June 1998


Proposed Changes to the Fair Labor Standards Act: The Family Friendly Workplace Act, 27th
Annual Labor and Employment Law Institute, sponsored by ICLE in Georgia,
December, 1997


Direct Examination/Cross Examination, Arbitration Case Preparation and Presentation,
presented by American Arbitration Association, November 1995


The Duty of Fair Representation, Basic NLRA Law and Procedures, sponsored by ABA


Section of Labor and Employment Law, NLRB Region 10, and ICLE in Georgia, April
1995


School Violence: Teachers’ and Students’ Rights and Duties, Georgia Federation of
Teachers Fall Conference, September 1994


EDUCATION:


University of Virginia School of Law, Charlottesville, Virginia, 1982-­‐‑85
J.D., 1985
Johnson & Swanson Award (Best Brief, First-­‐‑year Legal Writing Program)
Best Brief Award, Region IV, National Moot Court Competition
National Moot Court Team
Lile Moot Court Competition
Editorial Board, Journal of Law and Politics
Research Assistant in Contract Law to Professor Robert Scott, 1983-­‐‑85


Harvard University, Cambridge, Massachusetts, 1976-­‐‑80
A.B., Government, cum laude, 1980
Recommended for magna cum laude honors by Department of Government
Senior Honors Thesis, A New Deal for the Deep South: Contemporary Electoral
Change in Georgia and South Carolina
Harvard Club of Atlanta Scholar
Dean’s List, 1977-­‐‑1980
Editor, Harvard Political Review, 1977-­‐‑80
Chairman, Government Concentrators’ Committee
Winthrop House Committee


Jonesboro Senior High School, Jonesboro, Georgia, 1973-­‐‑76
Graduated First in Class of 376
Clayton County STAR Student, 1976
National Merit Scholar


COMMUNITY SERVICE:


Member, Georgia State Election Board, 2004-­‐‑Present


Member, Governor’s Commission on Campaign Finance Reform, 1999


Member, Clayton State University Foundation Board of Trustees, 2014-­‐‑Present


Board of Directors, GreenLaw, 2007-­‐‑Present


BSA Fayette District Committee
Chair, 2014-­‐‑Present
Finance Chair, 2012-­‐‑13


Clayton County Library System Board of Trustees
Chair, 1998-­‐‑2003
Chair, Building Committee for Riverdale and Lovejoy Branch
Libraries
Member, 1993-­‐‑2003


Clayton County Aging Program (Meals on Wheels)
Advisory Board Chair, 2002
Past Board Member


Clayton County United Way, Past Advisory Board Member


Arts Clayton, Founding Director (community arts council)


Harvard Club of Georgia
Past Vice-­‐‑President for Programs and Past Treasurer
Schools and Scholarships Committee, Alumni Interviewer, 1986-­‐‑Present


Boy Scout Troop 279, Peachtree City
Treasurer, 2004-­‐‑2012


Lake Kedron Community Homeowners Association
Board of Directors, 2005-­‐‑2006


J.C. Booth Middle School Science Olympiad Team
Coach, Entomology, Herpetology, Ornithology, 2006-­‐‑2014


POLITICAL INVOLVEMENT:


Georgia State Co‑Counsel, Obama for America, 2008
Provided legal advice on all election related matters in Georgia to national
campaign and Georgia campaign staff; established and monitored
network of county counsel throughout Georgia to review early voting and
election day irregularities; supervised election day monitoring of reports
from poll watchers throughout state


Member, Democratic National Committee, 1998-­‐‑2001, 2008-­‐‑Present


Chairman, Democratic Party of Georgia, 1998-­‐‑2001

Supervised professional staff of sixteen; responsible for policy,
fundraising activity, campaign activity; public spokesman; administered
$3.5 million annual budget


Vice-­‐‑Chair, National Finance Committee, John Kerry for President, 2004


Candidate for Presidential Elector, 2012, 2004, 2000


Georgia Delegate, Democratic National Convention, 2016


Georgia Delegate, Democratic National Convention, 2012


Georgia Delegate, Democratic National Convention, 2004


Georgia Delegate, Democratic National Convention, 2000


Georgia Delegate, Democratic National Convention, 1996


Georgia Delegate, Democratic National Convention, 1980


Georgia Delegate, Democratic National Party Conference, 1978


Member, Georgia State Democratic Committee, 1986-­‐‑Present


Democratic Nominee, United States Congress, Sixth Congressional District,
1988, 1990 (v. Rep. Newt Gingrich)


OTHER RECOGNITION:


Selected by Georgia Judicial Nominating Commission as Finalist for
Appointment to Georgia Court of Appeals, 2002


Named “Georgia SuperLawyer” by Atlanta Magazine in field of Securities
Litigation, 2006, 2007, 2008, 2009


Named one of “100 Most Influential Georgians” by Georgia Trend Magazine,
1999, 2000, 2001, 2002