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David Gevertz

Managing Director of Advocacy
Atlanta
T: 404.221.6512
F: 678.406.8816

David Gevertz the managing director of the Firm's Advocacy Department, as well as a member of the Labor & Employment Group.

Featured Videos

What Happens in Vegas…? Sanctioning Employees for Off-Duty Misconduct September 26, 2018
Website Compliance Under the ADA August 28, 2018
Class & Collective Actions: How to Communicate With Putative Class Members September 24, 2014

Featured Experience

Obtained a seven-figure verdict on behalf of a medical device manufacturer after two employees took confidential information and stole a key client to create a competing venture.

Obtained a complete defense verdict on behalf of an automobile dealership and its owner accused of violating federal wage and hour laws.

Obtained a complete defense verdict in two-week, $10 million, multi-plaintiff trial alleging Title VII violations against a restaurant chain.

Professional Biography

Overview

David Gevertz is a trial lawyer.  He tries employment discrimination, wage and hour, noncompete, whistleblowing, and trade secrets cases to juries throughout the country.  When he is not litigating cases, Mr. Gevertz directs companies through sensitive internal and government investigations, and mass layoffs. Additionally, Mr. Gevertz represents financial, housing, testing, and hospitality companies sued for violating public accommodations, fair housing, fair testing and fair lending laws. 

Mr. Gevertz contributes to multiple treatises, including as routine editor to Employment Discrimination Law (ABA 2002 – 2015 eds.); Age Discrimination in Employment Law (BNA 2003 – 2013 eds.); The Family and Medical Leave Act (BNA 2008 – 2013 eds.); and Employment Litigation Handbook (ABA 2010 ed.).

Mr. Gevertz has been quoted in more than seventy publications and has appeared on talk radio concerning a variety of topics, including Social Media, Health Care and Leave, Hiring and Termination Concerns, and Employment Trends. He also routinely appears as a guest before legal, management and human resources groups, including the HNBA, ABA, SHRM, NELI, Georgia ICLE and others.

Representative Matters
  • Obtained a seven-figure verdict on behalf of a medical device manufacturer after two employees took confidential information and stole a key client to create a competing venture.

  • Obtained a complete defense verdict on behalf of an automobile dealership and its owner accused of violating federal wage and hour laws.

  • Obtained a complete defense verdict in two-week, $10 million, multi-plaintiff trial alleging Title VII violations against a restaurant chain.

  • Served as lead counsel on behalf of an international chemical manufacturer in eight coordinated trade secret cases. Secured a preliminary injunction in one case and a consent order, substantial damages and relief in the others.

  • Secured a TRO and preliminary injunction against departing employees and their new employer for breach of Georgia Trade Secrets Act.

  • Decertified a class of truck drivers in a wage and hour action, resulting in a highly favorable resolution of the case.

  • Defeated a whistleblower claim by a municipal attorney, resulting in the imposition of six-figure sanctions award for client.
  • Investigated whistleblowing allegations of widespread corruption at a manufacturing company's Mexico facilities.

  • Successfully defended three coordinated, multi-plaintiff sexual harassment actions brought by the United States Equal Employment Opportunity Commission against a publicly-held hospitality company.

  • Advised an international sports organization, pharmaceutical manufacturer, banking institution, lighting manufacturer and polymer provider in nationwide reductions in force affecting more than 8,300 employees (none of which resulted in litigation).

  • Successfully defended multi-unit apartment complex from DOJ proceedings while countersuing developer for ADA and FHA violations resulting in significant monetary settlement.

  • Successfully defended city against HUD claims of widespread race discrimination; defended public housing provider against multi-plaintiff claims of national origin discrimination.

  • Won summary judgment motion on novel question of whether employees were paid on an effective piece rate basis. Subsequently succeeded in de-certifying class action law suit under the Fair Labor Standards Act.

  • Represented highly-regulated financial institution, leading an internal investigation into allegations of widespread executive misconduct made by a departing in-house attorney.

  • Investigated and defended, in front of government agency, publicly traded manufacturing company and certain employees against whistleblowing complaint alleging violations of Securities and Exchange laws, OSHA regulations, and environmental laws. Investigated and responded to complaints of duplicity in maintaining environmental and accident safety reports. Favorably resolved all claims.

  • Represented city housing authority, advising and counseling it in all issues related to board governance and internal investigations concerning board members of a government agency, including alleged violation of Georgia Whistleblowing Act.

  • Represented engineering and construction management company in  declaratory judgment action against a competitor from whom our client hired 30+ engineers, effective crippling their Georgia location.  Led all litigation efforts and succeeded in resolving the case after winning several initial motions before state and federal courts.

  • Advised numerous banking clients on ADA web compliance laws in response to widely-publicized threats to bring suit by prominent civil rights organization compliant platform resulting in no litigation or monies paid.

  • Defeated preliminary injunction sought against lighting manufacturing company in restrictive covenant and tortious interference claim brought by a competitor for luring a high-level executive from a competitor. The plaintiff sought seven-figure damages award.

  • Successfully defended telecommunications company from Department of Labor claim that employees were improperly treated as 1099 independent contractors.

  • Successfully opposed initial class certification in off-the-clock wage dispute.

  • Successfully defended national restaurant company in coordinated cases alleging misbehavior in several Tennessee stores.  Allegations included race discrimination, disability discrimination, gender discrimination, premises liability, and retaliation.

  • Successfully defended and obtained full summary judgment on behalf of national restaurant client in a hotly contested case where plaintiffs claimed sexual harassment, retaliation, and gender discrimination and sought over $400,000 in damages and reinstatement.

  • Secured a settlement on behalf of a cable contractor as plaintiff in a breach of contract and tortious interference action brought against a sub-contractor and market competitor.
  • Represented an automobile distributor and owner in a case involving the Fair Labor Standards Act, where the plaintiff alleged thousands of hours of off-the-clock work. The case was brought to Baker Donelson after another firm lost the case at summary judgment, and advise the client to settle. Baker Donelson moved to reopen the plaintiff's deposition, filed several successful motions in limine, and received a defense verdict during a four-day trial.

Professional Honors & Activities
  • Listed as a top Labor & Employment lawyer in Georgia by Chambers USA: America's Leading Business Lawyers since 2009 
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell since 2009
  • Selected as one of "Georgia's Super Lawyers" since 2009 and as one of the top 100 attorneys in Georgia by Georgia Super Lawyers (2014 – 2018)
  • Listed in Best Lawyers in America® in Labor & Employment Litigation since 2014 
  • Selected seven times as one of "Georgia's Legal Elite," by Georgia Trend magazine
  • Named "One of Top Ten Employment Lawyers Under 40" by Employment Law360 (March 2010)
  • Board of Directors – Callanwolde Fine Arts Center (2010 – 2016), Chair (2015 – 2016)
  • Board of Directors – Atlanta Bar Association, Labor and Employment Section (2015 – present)
  • Member – Leadership Atlanta Class of 2014 
  • Subcommittee Chair – American Bar Association, Litigation Section, Civil Rights Subcommittee
  • Member – State Bar of Georgia, Labor and Employment Law Section
  • Board of Directors – Covenant House of Georgia (2006 – 2013); Chair (2009 – 2011)
  • 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)
Publications
Speaking Engagements
Press Releases

Education

  • Harvard Law School, J.D., 1995, cum laude
  • Emory University, B.A., 1992, Phi Beta Kappa

Admissions

  • Georgia
  • United States District Courts for the Northern, Middle and Southern Districts of Georgia
  • United States District Court, Northern District of Florida
  • United States District Court, Northern District of Illinois
  • United States District Court, Northern District of Oklahoma
  • United States Court of Appeals, Fourth, Fifth, Sixth and Eleventh Circuits  

David Gevertz of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC defends employers across a range of labor and employment matters. His practice is centered on the protection of business secrets, employment discrimination matters and acting in defense against whistle-blower claims.

David Gevertz of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC is 'a strong and steady litigator,' noted for his practical approach to matters. He defends employers in a variety of litigation, including whistle-blower cases and wage and hour violations. 

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