Kurt A. Powell

Kurt Powell’s practice focuses on the defense of management in complex employment litigation and labor matters. Kurt serves as office managing partner for the Atlanta office. His 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.

Education:

• JD, Washington and Lee University School of Law, cum laude, 1985
• BA, Political Science, University of Iowa, 1982

Bar Admission : Georgia

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.

Membership:

• 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