Practice Areas

Attorneys at the firm have considerable experience in the areas listed below in all elements of case management including preventive legal measures, case assessment, responses to and appearances before administrative and regulatory agencies, negotiations, mediations, arbitrations and all forms of alternative dispute resolution, state and federal court litigation and complex litigation.

Administrative Law

Our attorneys are extremely proficient at dealing with administrative agencies and administrative law at the state and federal levels. From state departments of labor to numerous agencies in the federal government, our attorneys have handled many matters before various agencies throughout the country.

Business Law

Firm work in this area includes establishment of corporations whether they be limited partnerships, limited liability companies, corporations or international business companies, as well as all of the legal and compliance matters associated with these entities. The firm works cooperatively with securities experts for any specialized securities matters involving corporations. Additionally, the firm handles business negotiations, mergers, acquisitions, asset purchases, stock purchases and a multitude of business transactions. Finally, the firm handles many kinds of business and commercial litigation in state and federal courts.

Construction Claims Litigation

In this area the firm is extremely experienced in handling all aspects of construction claims litigation representing owners, contractors and subcontractors in various disputes. From handling construction claims disputes through mediation or arbitration under the American Arbitration Association’s construction rules, to handling construction claims in the bankruptcy courts, the firm has handled a multitude and wide variety of cases.

Construction Law

Firm attorneys have extensive experience in the construction industry and many of the unique issues that confront construction companies. These issues typically include contracts, contract interpretation, liens, union project agreements, federal and state contract compliance, and dealing with the different construction trades. The firm also handles matters involved with federal law such as the Davis-Bacon Act, particularly prevailing wage requirements, as well as state prevailing wage requirements.

Contract Compliance

Many clients of the firm are required by state or federal law to adhere to specific legal and contractual requirements. The firm works with corporate clients to ensure contract compliance under federal and state law such as federal contract compliance under the various Executive Orders dealing with discrimination including non-discrimination provisions and affirmative action plans and other contract provisions as reviewed by the Office of Federal Contract Compliance Programs (OFCCP). Furthermore, the state and federal Drug Free Workplace Act and federal substance abuse program requirements of the Department of Transportation, the Department of Defense, and others are reviewed, drafted, revised and implemented for clients. The firm also handles disputes between its clients and state or federal government managing agencies or authorities, regarding contract compliance involved with state and federal projects.

Disability Law

The firm has extensive negotiation and litigation experience under the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, and various other federal, state and local handicap and disability laws and regulations.

Employee Benefits

The firm has significant experience in dealing with many employment benefit issues as regarding ERISA, the Pension and Benefit Guaranty Board (PBGB), COBRA and various other federal and state benefit and pension programs.

Employee Agreements

Firm attorneys have litigated employment agreements, non-compete covenants, non-solicitation covenants, confidentiality and trade secret disputes all over the country. Firm attorneys also draft or interpret employment agreements as well as various restrictive covenants, non-compete and non-solicitation provisions in states where the firm operates, or in other states in conjunction with local attorneys. Firm attorneys have been extraordinarily successful in litigating employment agreement disputes for clients in federal and state court.

Environmental Law

The firm handles federal and state environmental laws regarding the Federal Environmental Protection Agency, state environmental protection divisions and handles matters of compliance and litigation in various other environmental areas such as CERCLA, Superfund and the state laws. Firm attorneys have spent a considerable amount of time dealing with the federal and state government environmental agency representatives in handling or negotiating particular environmental concerns or problems as they have occurred or subsequently in negotiations or litigation.

Equal Employment Opportunity Law

The firm has represented clients in all areas of equal employment opportunity law at the federal and state level. The multitude of laws that the firm addresses in this area include Title VII of the Civil Rights Act of 1964 which includes race, creed, color, sex and national origin discrimination, sex harassment, the Age Discrimination in Employment Act of 1967 (ADEA), the Equal Pay Act of 1963, public sector employee constitutional claims under the 1st and 14th Amendments, the Civil Rights Act of 1866, reenacted in 1870, codified at 42 USC §1981, the Civil Rights Act of 1871, codified at 42 USC §§1983 and 1985, Executive Order 11246, Executive Order 11375, the Pregnancy Discrimination Act of 1978, the EEOC’s Uniform Guidelines on Employee Selection Procedures, Affirmative Action Plans, Immigration Reform and Control Act (IRCA), the American With Disabilities Act of 1990 and the Rehabilitation Act of 1973, USERA, VERR, WARN, and various state Fair Employment Practice Laws. The firm handles all aspects of case handling and litigation under these laws, executive orders and regulations.

Health Law

Attorneys for the firm have been involved in various aspects of health law for many years. We have represented hospitals, medical practices, employee assistance programs, hospices on various medical legal issues. Firm attorneys have been involved in other unique issues related to health law and healthcare institutions such as certificate of need legislation, professional licensing, dispute matters, employment relations in healthcare institutions, federal law, informed consent issues and various state causes of action involving healthcare institutions.

International Law

Attorneys at the firm have worked with numerous U.S. companies operating in foreign countries and foreign companies operating in the United States. Firm attorneys have dealt with various international issues such as mergers, acquisitions, establishment of corporate entities, negotiations with government officials regarding business transactions, involvement in Washington with various U.S. government aid assistance and financing agencies, involvement with governments of several countries regarding business projects, banking and finance and industrial operations. The firm has also represented multi-national corporations involving corporate structure, transactions and financing. International areas of primary focus have included the Americas, Europe and Asia.

Labor Law and Labor Relations

Firm attorneys have been involved in labor law since before they were lawyers. Our attorneys are experienced in all aspects of traditional labor law under the National Labor Relations Act as amended, representing management in union campaigns, unfair labor practice charges, campaigns and elections, objections to elections, representation cases, decertification cases, handling appeals to the National Labor Relations Board and the Courts of Appeal, Section 301, suits by and against labor organizations, grievance procedures and arbitrations, as well as contract negotiations, economic strikes, wildcat strikes, collective bargaining, project agreement negotiations, construction proviso issues, healthcare proviso issues, arbitrations, and case handling. Firm attorneys have been significantly involved in litigation and resolution of some of the major labor law cases in the last 30 years including Darlington Manufacturing Company, J.P. Stevens & Company, Inc. and Eastern Airlines. There is no aspect under the National Labor Relations Act as amended, or state labor laws that the firm has not handled.

Legislative Matters

On many occasions, firm attorneys have worked with clients on various legislative matters including lobbying at the federal and state levels in the areas of labor and employment law, business legislation, substance abuse, and banking and finance matters. Firm attorneys have testified before Congress and numerous state general assemblies on pending legislation in its areas of expertise. Firm attorneys have also worked with clients or trade associations to promote or oppose legislation at the federal and state level that directly affected the clients.

OSHA

Firm attorneys have handled all aspects of investigation, case handling and litigation under the Occupational Safety and Health Act and state Occupational Safety and Health laws. Particular industries where the firm has the most experience include construction, chemical manufacturing, textile manufacturing and service industries. The firm has also handled discrimination and retaliation measures under OSHA as well as Sarbanes-Oxley whistleblower cases which are handled by OSHA for the Department of Labor.

Regulatory Matters

The firm has extensive experience in drafting, revising or commenting on regulations at the federal and state level. Further, firm attorneys have spent considerable amounts of time dealing with regulators in various federal and state agencies including the U.S. Department of Labor, Justice Department, FDIC, OFCCP, NLRB, EEOC, OMB, OTS, OSHA and other federal agencies as well as numerous state agencies regarding labor and employment and business issues.

Preventive Labor Relations

For many years, firm attorneys have trained company management in recognition and compliance with federal and state labor and employment laws. The firm utilizes a multi-media approach to training including speeches, video, audio, role playing, interactive engagement, PowerPoint presentations, slide shows and other means to present the various legal issues to company managers. The point of preventive labor relations is to educate the managers concerning various labor employment law issues regarding unions, employment discrimination, sexual harassment and other areas so that they are less likely to commit offenses that would lead to expensive litigation for their companies. Firm attorneys also have conducted numerous employee relations reviews, labor relations audits, wage and hour audits, human resource audits and personnel policy audits. On a daily basis events occur involving particular labor and employment law situations where our attorneys are called to investigate and evaluate the situations and advised clients regarding appropriate legal responses to the situations. Also in the preventive labor relations area, firm attorneys regularly draft personnel policies, employee handbooks, specialized compliance projects for federal contractors, substance abuse policies, affirmative action plans and other materials required by federal, state or local governments.

See Course Listing for examples Employment Law Management Training Programs.

Public Sector Labor Relations

Attorneys at the firm are unusually experienced in dealing with matters concerning public sector labor relations. Since the laws and rules differ for public sector employees versus private sector employees, firm attorneys have developed specialized expertise in representing public sector employers with respect to their employees at the federal, state, and local governmental levels. Attorneys at the firm have dealt with numerous matters before the merit systems protection board, and the various civil service boards at the state level, as well as handling numerous due process hearings at the local government level. Firm members have also handled special situations such as public employee strikes, public employee union negotiations, walkouts, slowdowns, inter-department disputes, and other labor and employment matters.

Sports and Entertainment Law

Firm attorneys have handled a number of high profile cases in the sports and entertainment area. From representing professional athletes and performers to handling various contract disputes, firm attorneys are extremely experienced in dealing with the intricacies of sport and entertainment law particularly the labor law and contract law elements including contract negotiations, contract interpretation, mediation, arbitration, litigation, contract drafting, dispute resolution, and media handling.

Substance Abuse Law

Attorneys at the firm were some of the first involved in the development of substance abuse policies and programs beginning in the early 1980s. Firm attorneys have written numerous substance abuse policies including setting the standards in various industries such as construction, textiles, chemical manufacturing and service industries. The firm’s founder, Robert Thompson, Jr., is one of the foremost experts in the country on substance abuse law having written the book, “Substance Abuse and Employee Rehabilitation” as well as numerous articles on the subject and having lectured extensively throughout the country and internationally on substance abuse problems, law, procedure and proper handling of substance abuse issues in the workplace.

Mr. Thompson was Chairman of the South Carolina Commission on Alcohol and Drug Abuse where he oversaw the state agency providing substance abuse services to the population of South Carolina, and he was appointed by President George H.W. Bush to the President’s Commission on Model State Drug Laws where he was Chairman of the Drug Free Families, Schools and Workplaces Committee and drafted all the model legislation which has been adopted in many states particularly regarding families, schools and workplaces. Mr. Thompson was involved in drafting the State of Georgia’s Workers’ Compensation Drug Free Workplace Premium Credit Act and has advised employers throughout the state of Georgia on that Drug-Free Workplace legislation for many years.

The firm represents numerous clients with respect to their substance abuse policies, procedures and implementation, as well as representing trade associations and their members to provide daily advice on handling substance abuse problems in the workplaces. The firm has written thousands of substance abuse policies and dealt with tens of thousands of substance abuse problems in the workplace and in public and private schools.

The firm’s legal work in this area includes drafting substance abuse policies and procedures, evaluating fact situations and legal issues regarding substance abuse matters in the workplace, evaluating substance abuse policies, advising companies in all aspects of their substance abuse and personnel policy programs, and litigating substance abuse cases when necessary. The firm is on retainer to the Georgia Chamber of Commerce and Council on Alcohol and Drugs to answer legal questions pertaining to the Georgia law on drug testing and substance abuse and handles many calls on a daily basis from employers throughout the state of Georgia. Additionally, firm attorneys lecture regularly throughout the country on substance abuse legal issues, write frequently on the subject, and receive inquiries from around the country and the world concerning workplace substance abuse issues.

For many years the firm has been on retainer with the Georgia Chamber of Commerces Drugs Dont Work in Georgia Program (DDW in Georgia) and the Council on Alcohol and Drugs. DDW in Georgia is a partnership program of The Georgia Chamber of Commerce, the Georgia State Board of Workers Compensation, the Georgia Department of Human Resources, and local chambers of commerce, and is the official drug-free workplace services provider of the State of Georgia. DDW in Georgia helps employers in Georgia develop comprehensive Drug Free Workplace Programs in compliance with the State of Georgia Workers Compensation Drug-Free Workplace Premium Credit Program Act (O.C.G.A. 34-9-410 et. seq.) Through the auspices of DDW in Georgia the firms legal services are available to employers throughout Georgia who are members of DDW in Georgia at the state or local level, or becoming members, including answering substance abuse and drug free workplace questions and reviewing alcohol and drug related workplace situations free of charge to those employers. For information on the DDW in Georgia program go to www.livedrugfree.org.

Wage and Hour

Firm attorneys are extremely experienced in handling legal issues under the federal Fair Labor Standards Act, the Portal to Portal Act, and various other federal laws, as well as state wage and hour laws. Firm attorneys have handled numerous cases through the years concerning wage and hour laws dealing with minimum wage, overtime and the various exemptions under the wage and hour laws such as the executive, administrative and professional exemptions, and many other issues. Furthermore, the firm has considerable experience in the public sector advising public employers of its specialized requirements under the wage and hour laws, particularly with regard to wages, shift schedules and compensatory time.

Wrongful Discharge Law

In addition to the various federal laws affecting discharge, the firm is particularly proficient in handling wrongful discharge law at the state level or based upon state causes of action. These lawsuits typically involve breach of contract, violation of state statutory or case law regarding discharge, violation of local ordinances regarding discharge, breach of implied contracts, wrongful discharge based on violation of public policy, intentional infliction of emotional distress, harassment, outrage, breach of implied covenant of good faith and fair dealing, or violation of a specific state statute or law which has established procedures and standards concerning proper discharge of employees.