Practice Expertise

  • Labor and Employment
  • Complex Employment Litigation
  • Affirmative Action Counseling
  • FinTech

Areas of Practice

  • Affirmative Action Counseling
  • Complex Employment Litigation
  • FinTech
  • Labor and Employment
  • Affirmative Action and OFCCP Compliance
  • ERISA Litigation
  • Labor Management Relations and Labor ...
  • Labor-Management Relations and Labor ...
  • Marketplace Lending and FinTech
  • Pay Equity and Transparency
  • Regulatory Compliance and Affirmative Action ...
  • Retail
  • Unfair Competition and Employee Raiding
  • Wage and Hour Class Actions
  • View More

Profile

Kurt’s practice focuses on the defense of management in complex employment litigation and labor matters.

Kurt’s practice focuses exclusively on representing management in labor and employment law matters, including complex employment litigation, trade secret and non-compete litigation, union avoidance, collective bargaining, and preventive employee relations counseling. Kurt has extensive experience in Sarbanes Oxley whistleblower litigation in the financial services industry and defending collective and class actions and “mass” actions involving wage and hour claims, employment discrimination allegations, consumer discrimination, and ERISA claims.

Kurt conducts and coordinates sensitive corporate investigations involving Sarbanes Oxley, FCPA and other high risk compliance matters. He regularly presents training to help employers avoid litigation and advises clients regarding union avoidance strategies, as well as development of union negotiation and communication strategies. Kurt is a Certified facilitator of the award-winning Civil Treatment® for Managers and Legal Record® programs on litigation avoidance and documentation. Kurt is regularly engaged by various companies, trade associations, business groups and universities to speak on a number of labor and employment issues.

Kurt's scope of litigation practice is national. He is admitted to practice in the United States District Courts for the Northern District of Georgia, Middle District of Georgia and Eastern District of Michigan, United States Court of Appeals for the Second Circuit, Fifth Circuit, Sixth Circuit, Eighth Circuit, and Eleventh Circuit, the Georgia Superior, State and Magistrate Courts, Georgia Court of Appeals and Supreme Court of the State of Georgia.

Relevant Experience

  • Successfully obtained dismissal of nationwide collective action against pharmaceutical company challenging exempt status of sales representatives under the Fair Labor Standards Act. Also obtained defense verdict in a jury trial of a Fair Labor Standards Act claim for overtime for a national electronics manufacturer.
  • Successfully defended numerous cases alleging violations of Sarbanes Oxley Act whistleblower protections, including first reported federal court summary judgment decision and defense verdict in first Sarbanes Oxley claim tried before FINRA arbitration panel.
  • Successfully defended employers in complex trade secret/noncompete litigation brought by competitors in the financial services, technology and chemical industries.
  • Liason defense counsel for Multi-District Litigation proceeding involving over 100 cases alleging racially discriminatory pricing of insurance products.
  • Successfully obtained temporary restraining orders in trade secret cases which allowed immediate seizure of computer equipment and storage media from former employees to prevent disclosure of trade secret information.
  • Successfully defended class actions and multiple plaintiff actions alleging ERISA fiduciary and benefit violations.

Bar Admissions

  • Georgia

Education
BA, University of Iowa, Political Science, 1982

Areas of Practice

  • Affirmative Action Counseling
  • Complex Employment Litigation
  • FinTech
  • Labor and Employment
  • Affirmative Action and OFCCP Compliance
  • ERISA Litigation
  • Labor Management Relations and Labor Litigation
  • Labor-Management Relations and Labor Litigation
  • Marketplace Lending and FinTech
  • Pay Equity and Transparency
  • Regulatory Compliance and Affirmative Action Counseling
  • Retail
  • Unfair Competition and Employee Raiding
  • Wage and Hour Class Actions

Professional Career

Significant Accomplishments
  • Successfully obtained dismissal of nationwide collective action against pharmaceutical company challenging exempt status of sales representatives under the Fair Labor Standards Act. Also obtained defense verdict in a jury trial of a Fair Labor Standards Act claim for overtime for a national electronics manufacturer.
  • Successfully defended numerous cases alleging violations of Sarbanes Oxley Act whistleblower protections, including first reported federal court summary judgment decision and defense verdict in first Sarbanes Oxley claim tried before FINRA arbitration panel.
  • Successfully defended employers in complex trade secret/noncompete litigation brought by competitors in the financial services, technology and chemical industries.
  • Liason defense counsel for Multi-District Litigation proceeding involving over 100 cases alleging racially discriminatory pricing of insurance products.
  • Successfully defended class actions and multiple plaintiff actions alleging ERISA fiduciary and benefit violations.
  • Successfully obtained temporary restraining orders in trade secret cases which allowed immediate seizure of computer equipment and storage media from former employees to prevent disclosure of trade secret information.


Professional Associations
  • Member, Atlanta Bar Association; Labor & Employment Law Section; Trial Practice Section
  • Member Leadership Atlanta, Class of 2006
  • Chairman of Board, Great Prospects, Inc., 2014 - present
  • Board Member, North Metro Miracle League, 2008 - present

Professional Activities and Experience
  • Fellow, College of Labor and Employment Lawyers, 2015
  • Recognized in Chambers USA, 2007-2017
  • Named an Employment Litigation Super Lawyer, as published in Atlanta Magazine and Georgia Super Lawyers magazine®, 2003-2016. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • Selected for inclusion in “Best Lawyers,” Labor & Employment Law, The Best Lawyers in America, 2012-2015.  A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named one of “Georgia’s Legal Elite,” a listing of the state’s “most effective lawyers,” selected by Georgia attorneys and published in Georgia Trend Magazine, 2005-2011. A description of the selection methodology can be found on Georgia Trends’ webpage.
  • Recognized in Who’s Who in Law and Accounting, as published in Atlanta Business Chronicle, 2003-2010
  • Law Fellow, Lawyers Foundation of Georgia, 2005-2011


Articles

  • More than the Math, CFOs should be ‘people people’ too, HR Magazine

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