David Gevertz is an employment lawyer and Vice Chair of Baker Donelson's Labor & Employment Department. His practice is concentrated on defending large and medium-sized organizations accused of violating local, state and federal discrimination, wage and hour, privacy, drug testing and benefits laws. He is also experienced in negotiating and litigating executive agreements and restrictive covenants, as well as in leading sensitive internal investigations and implementing widespread reductions in force. Mr. Gevertz's practice also involves counseling and litigating on behalf of financial, housing, testing, and hospitality-based institutions sued for violating public accommodations, fair housing, fair testing and fair lending laws.
-
Obtained complete defense verdict in consolidated $10 million, multi-plaintiff retaliation trial on behalf of a leading hospitality institution.
-
Investigated alleged HIPAA violations and fraudulent activity at a regional health care provider.
-
Lead counsel in a series of eight coordinated trade secret cases on behalf of an international chemical manufacturer, securing a preliminary injunction in one and a consent order, substantial damages and relief in the others.
-
Successfully defended against three coordinated, multi-plaintiff sexual harassment actions brought by the United States Equal Employment Opportunity Commission against a publicly-held restaurant chain.
-
Defeated a nationwide age discrimination collective action for national communications provider.
-
Advised an international sports organization, a pharmaceutical manufacturer, a banking institution, and a lighting manufacturer in nationwide reductions in force affecting more than 2,600 employees (none of which resulted in litigation).
-
Negotiated the most expansive public accommodations Consent Decree to date with the United States Department of Justice.
-
Led an internal investigation into allegations of widespread executive misconduct made by a departing in-house attorney at a highly-regulated financial institution.
- Age Discrimination in Employment Law – "Timeliness and Sufficiency of ADEA Administrative Charge" (BNA 2010, 2009); "Defenses" (BNA 2007); "Monetary Compensation" (BNA 2005, 2003)
- Employment Discrimination Law – "The Civil Rights Acts of 1866 and 1871" (ABA 2010, 2009); "Compensation" (ABA 2007); "Injunctive and Affirmative Relief" (ABA 2002)
- Employment Litigation Handbook – "Experts" (ABA 2010)
- The Family and Medical Leave Act – "Enforcement, Remedies, and Other Litigation Issues" (BNA 2009, 2008)
Health Care and Leave Laws
- HotelManagement.net, "ADA Requirements Change in March; Hoteliers Share Tips" (January 11, 2012); HR Compliance Law Bulletin, "Understanding GINA: The Newest Nondiscrimination and Privacy Statute" (December 25, 2010); Business & Legal Reports, "GINA Regulations Are Now Final" (December 1, 2010); Business Insurance, "Regulations Inflate Genetic Bias Risk" (November 15, 2010); Society for Human Resource Management, "GINA Remains a 'Sleeper Statute'" (October 26, 2010)
Social Media and Electronic Security
-
SHRM.com, "Cameras Catch Workplace Violations" (February 1, 2012); Inside Counsel, "20 Top News Stories of 2011" (December 2011); Pizza Today, "Private Practice: Protecting Employee Privacy is Important, But Often Overlooked" (March 2011); Society for Human Resource Management, "Distracted Driving Policies Are Becoming More Restrictive" (February 16, 2011); Healthcare Risk Management, "Facebook, Other Social Sites Continue Posing Risk Problems" (October 2010); ABA Health Law Section Newsletter, "Crafting An Effective Social Media Policy for Healthcare Employees" (August 2010)
Hiring and Termination Law
- What's Working in Human Resources, "Experts Give Their Solutions to Difficult Workplace Problems" (September 22, 2010); Business on Main (MSN.com), "Don't Get Burned by Noncompetes" (September 8, 2010); Money.CNN.com, "After a Drug Conviction, Can You Ever Get Hired?" (August 30, 2010); FoxSmallBusinessCenter.com, "Is It Time to Hire?" (June 23, 2010); Inside Counsel Magazine, "Background Bias" (April 2010); Business & Legal Reports, "Criminals Need Not Apply?" (March 2010)
Employment Law Trends
- OSHA Daily, "GOP Attack on NLRB Appointments Intensifies" (January 31, 2012); Atlanta Business Chronicle, "Labor Union Poster Draws Fire From Employers" (November 18, 2011); InsideCounsel, "Hope exists for employers defending wage and hour claims," (September 19, 2011); InsideCounsel, "NLRB requires employers to post union rights notice" (September 6, 2011); InsideCounsel, "NLRB's union-friendly rules disconcerting for employers" (August 22, 2011); Business Insurance, "Gender Bias Claims Not Slowing Down" (February 21, 2011); HR.com, "A Gross Victory for Employers Everywhere" (August 4, 2009)
Mr. Gevertz is a frequent guest speaker before legal, management and human resources groups on a variety of topics. Recently, he has spoken on: FMLA (NELI); GINA (SHRM); the Amended Americans with Disabilities Act (Georgia ICLE); the Fair Labor Standards Act (Atlanta Bar Association); the 2010 Patient Protection and Affordable Care Act (HR Star); and personality-based employment testing (Lorman).
- Named "One of Top Ten Employment Lawyers Under 40," by Employment Law360 (March 2010)
- Listed as a top Labor & Employment lawyer in Georgia by Chambers USA: America's Leading Business Lawyers (2009 – 2012)
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- Selected in 2009 – 2012 as one of "Georgia's Super Lawyers" and selected in 2006 as one of "Georgia's Rising Stars" by Atlanta Magazine and Georgia Super Lawyers magazine
- Selected in 2007 – 2011 as one of "Georgia's Legal Elite," by Georgia Trend magazine
- Board of Directors – Covenant House of Georgia (2006 – present); Chair (2009 – 2011)
- Board of Directors – Callanwolde Fine Arts Center (2010 – present)
- Board of Directors – Global Diversity and Inclusion Foundation (2010 – present); Legal Counsel (2010 – present)
- Member – American Bar Association (Equal Employment Opportunity, Fair Labor Standards, Litigation Committees)
- Member – State Bar of Georgia (Labor and Employment Law Section)
- Member – Atlanta Bar Association (Labor and Employment Section)
- Advisor – Employment Opportunities Task Force, Mayor Shirley Franklin's Regional Commission on Homelessness (2005-2009)
- Member – Alexis de Tocqueville Society of the United Way (2004 – 2007)
- Anti-Defamation League's Steinberg Leadership Institute (2003)
- Georgia
- United States District Courts for the Northern and Middle Districts of Georgia
- United States District Court, Northern District of Florida
- United States District Court, Northern District of Illinois
- United States Court of Appeals, Fourth, Sixth and Eleventh Circuits
- Harvard Law School, J.D., 1995, cum laude
- Emory University, B.A., 1992, Phi Beta Kappa