Henry D. Fellows Jr.

Overview

Henry D. (“Hank”) Fellows, Jr., is an av-rated trial lawyer who was inducted as a Fellow of the American College of Trial Lawyers in 2007.  The membership of the College cannot exceed one (1) percent of the total lawyer population of any State.  He is listed in both The Best Lawyers in America and Chambers USA for the practice area of Commercial Litigation.

For the sixteenth consecutive year, Mr. Fellows has been voted by his peers as one of the Top 10 Super Lawyers for the State of Georgia.  Mr. Fellows’ practice has been devoted to complex business litigation for forty-four (44) years.  He is a founding partner of Fellows LaBriola LLP, a trial and litigation firm which celebrated its 31st anniversary in January, 2024.

Mr. Fellows has successfully tried cases in numerous Georgia Superior and State Courts and in the U.S. District Courts for the Northern and Middle Districts of Georgia. In addition, he has successfully argued cases before the Georgia Supreme Court, the Georgia Court of Appeals, and the U.S. Court of Appeals for the Eleventh Circuit.

Mr. Fellows represents businesses, corporations, partnerships and individuals in commercial contract disputes; fraud and RICO cases; Georgia Trade Secrets Act cases; commercial arbitrations; computer fraud and theft cases brought under the federal Computer Fraud and Abuse Act and the Georgia Computer Systems Protection Act; employment cases involving restrictive covenants; employee, officer, and director terminations; the defense of age, sex and race discrimination claims; ERISA cases; securities arbitration cases; breach of fiduciary duty cases; partnership and shareholder disputes involving closely held companies; shareholder derivative actions; estate and trust litigation; asset purchase and sale agreement disputes; embezzlement and conversion cases; business valuation disputes; securities cases; antitrust cases; business tort cases; insurance coverage disputes; accountant and attorney malpractice cases; patent infringement, trademark and trade dress cases; Lanham Act cases; personal injury and wrongful death cases; and real estate cases, including commercial lease disputes, easement claims, condemnation actions, and zoning matters.

Mr. Fellows is the former Chair of the U.S. Magistrate Judge Merit Selection Panel for the U.S. District Court for the Northern District of Georgia, the former Chair of the Federal Rules of Civil Procedure Committee of the American College of Trial Lawyers, the former Chair of the Courts Committee of the Atlanta Bar Association (“ABA”), the past Chair of the Litigation Section of the ABA, the former Chair of the Continuing Legal Education Committee of the ABA, a former member of the Board of Directors of the ABA, and the 2012 recipient of the Charles E. Watkins, Jr. Award for sustained service to the ABA.  Mr. Fellows is a member of The Carter Center Board of Councilors in Atlanta, Georgia.  He is also a Master of the Clarke-Carley Inn of Court associated with the University of Georgia Law School, a member of the Kiwanis Club of Atlanta, and a member of the Gate City Bar Association.  He served as a law clerk to the Honorable Charles A. Moye, Jr., Chief Judge of the U. S. District Court for the Northern District of Georgia, from 1978 through 1980.

Mr. Fellows obtained his B.S. degree in business administration from Bucknell University in 1975.  He earned his law degree from Georgetown University Law Center in 1978 and served as an Editor of The Georgetown Law Journal.  He currently serves as an emeritus member of the Georgetown Law Alumni Board.  Mr. Fellows also serves as a Special Master for the U.S. District Court for the Northern District of Georgia and the Fulton County Superior Court, State of Georgia.  Mr. Fellows formerly served as the general counsel of the Fulton Industrial Business Association and also served on the Board of Directors of the Atlanta Chapter of the Industrial Relations Research Association.

Representative Matters

• In MacPhee and Carpenters Pension Fund of Illinois v. MiMedx Group, Inc., 73 F. 4th 1220 (11th Cir. 2023), a purported securities class action, Mr. Fellows successfully defeated claims brought against his client, the former CFO of MiMedx Group, Inc., for alleged securities fraud under the federal securities laws. The U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of the securities class action against all of the defendants by the U.S. District Cout for the Northern District of Georgia.

• In Wade Park Land Holdings, LLC et al. v. Jonathan Kalikow et al., 522 F.Supp.3d 1341 (N.D. Ga. 2021), Mr. Fellows and his co-counsel successfully defeated claims brought against their client for (1) federal RICO violations; (2) federal RICO conspiracy; (3) Georgia RICO violations; (4) Georgia RICO conspiracy; (5) breach of fiduciary duty; (6) conspiracy to breach fiduciary duties; (7) misappropriation of trade secrets under the Georgia Trade Secrets Act (“GTSA”); (8) punitive damages; and (9) attorneys’ fees. By Order entered on February 24, 2021, U.S. District Judge Timothy C. Batten, Sr., granted their client’s motion to dismiss the Amended Complaint. The Court transferred the remainder of the case involving the other defendants to the U.S. District Court for the Southern District of New York.

• In Cisneros v. Petland, Inc., et al., 972 F.3d 1204 (11th Cir. 2020), Mr. Fellows and his co-counsel successfully defeated a purported RICO class action against their client, Petland, Inc. The U.S. Court of Appeals for the Eleventh Circuit affirmed the U.S. District Court’s grant of their motion to dismiss the class action complaint. The Court determined that the complaint failed to state an association-in-fact RICO claim against Petland, Inc., and its franchisee, failed to allege that the defendants engaged in a pattern of racketeering activity, and failed to allege that the purported racketeering activity was of a continuing nature.

• In AWP, Inc. v. Ed Henry, Kent Puckett, et al., 522 F.Supp.3d 1294 (N.D. Ga. 2020), Mr. Fellows and his co-counsel successfully obtained a preliminary injunction against defendant Puckett for his breach of a non-competition covenant entered into between AWP, Inc., a traffic safety company, and defendant Puckett. By Order entered on July 17, 2020, the U.S. District Court for the Northern District of Georgia granted AWP’s Motion for Preliminary Injunction against Puckett, held that the covenant did not impose undue hardship on the employee, and that the covenant was temporally limited to one year and geographically limited to a 120-mile radius from the employee’s principal work area.

• In Tarsus Connect, LLC v. Cvent, Inc., 452 F.Supp.3d 1334 (N.D. Ga. 2020), Mr. Fellows and his co-counsel successfully defeated a purported federal trademark action brought by Tarsus Connect, LLC, against the firm’s client, Cvent, Inc., a registration software service provider. Tarsus Connect challenged Cvent’s use of its registered trademark, “Cvent Connect.” By Order entered on April 2, 2020, U.S. District Judge Steven D. Grimberg granted Cvent’s Motion for Summary Judgment as to all of Tarsus Connect’s claims and denied Tarsus Connect’s Motion for Partial Summary Judgment. The Court rejected Tarsus Connect’s claims that there was likelihood of confusion between “Connect Marketplace” and “Cvent Connect,” and it also rejected Tarsus Connect’s claim that it had protectable trademark rights in the word “Connect.” The Order entered final Judgment in favor of Cvent, Inc. on April 2, 2020.

• In My24HourNews.com, Inc. v. AT&T Corp., Verio, Inc., NTT America, Inc., and Genacom, Inc., Civil Action File No. 1:18-cv-1647-MHC, U.S. District Court for the Northern District of Georgia, Atlanta Division, Mr. Fellows and his co-counsel successfully defended NTT America, Inc., and Verio, Inc., in this action in which the plaintiffs claimed that the defendants engaged in fraud, RICO violations, and violations of the Georgia Unfair and Deceptive Trade Practices Act. By Order entered on January 10, 2019, the federal district court granted the defendants’ motions to dismiss the complaint. By Order entered on October 16, 2019, the U.S. Court of Appeals affirmed the federal district court’s dismissal of the complaint.

• In Cisneros v. Petland, Inc., et al., 341 F.Supp. 1365 (N.D. Ga. 2018), Mr. Fellows and his co-counsel successfully defended Petland, Inc., in this purported class action in which the plaintiffs claimed that the defendants engaged in federal and Georgia RICO violations associated with the sale and care of pets. By Order entered on April 17, 2018, the federal district court granted Petland’s motion to dismiss and the other defendants’ motions to dismiss the federal RICO claims.

• In Cobra Tactical, Inc. et al. v. Payment Alliance International Inc., 315 F.Supp.3d 1342 (N.D. Ga. 2018), Mr. Fellows and his co-counsel successfully defended Payment Alliance International Inc. (“PAI”) in this purported class action in which the plaintiffs claimed that the defendants charged them unauthorized and excessive fees for merchant payment processing services. The U.S. District Court granted PAI’s motion to dismiss and the other defendants’ motions to dismiss the class action complaint.

• In Gray Financial Group, Inc., Laurence O. Gray, and Robert C. Hubbard IV v. Seward & Kissel LLP, Civil Action File No. 1:16-cv-1956-LMM, U.S. District Court for the Northern District of Georgia, Atlanta Division, Mr. Fellows successfully defeated the plaintiff’s purported legal malpractice action involving the offer and sale of securities to public pension plans in Georgia. The plaintiffs sought millions of dollars in alleged damages. Following document and deposition discovery of partners of a non-party law firm and an adverse ruling by U.S. District Judge May in July, 2017, the plaintiffs agreed to dismiss their complaint with prejudice by Consent Order entered on July 11, 2017.

• In AcryliCon USA, LLC v. Silikal GmbH, Civil Action File No. 1:14-cv-01072-TWT, U.S. District Court for the Northern District of Georgia, Atlanta Division, in May, 2017, Mr. Fellows and his co-counsel tried to verdict a misappropriation of trade secrets and breach of contracts case on behalf of AcryliCon USA, LLC, which markets and sells industrial flooring systems, against Silikal GmbH, a German corporation which manufactures and sells industrial flooring systems. Mr. Fellows and his co-counsel obtained a plaintiff’s verdict from the jury in the amount of $1.5 million and then obtained exemplary damages from the Court pursuant to the Georgia Trade Secrets Act in the amount of $3.0 million. The Court also granted AcryliCon’s motion for attorneys’ fees for an amount in excess of $1 million. The Court entered Judgment in favor of AcryliCon for a total amount in excess of $5.8 million in December, 2017.

• In Cobb Theatres III, LLC v. AMC Entertainment Holdings, Inc. 101 F.Supp.3d 1319 (N.D. Ga. 2015), Mr. Fellows served as co-counsel to plaintiff Cobb Theatres III, LLC, an upscale movie theatre chain, in a federal antitrust action against AMC Entertainment Holdings, Inc. Mr. Fellows and his co-counsel defeated the defendants’ motion to dismiss through an Order entered by the Court on March 20, 2015, and eventually resolved the case in 2017.

• In Chemence Medical Products, Inc. v. Medline Industries, Inc., 119 F.Supp.3d 1376 (N.D. Ga. 2015), Mr. Fellows served as lead counsel to Medline Industries, Inc., the largest distributor of healthcare products and supplies in the United States. By Order entered on February 12, 2015, the U.S. District Court for the Northern District of Georgia granted Medline’s motion for summary judgment as to all the claims of Chemence Medical Products, Inc., the plaintiff and a manufacturer of surgical medical adhesives. Chemence sought damages in excess of $300 million.

• In an earlier Order entered in Chemence Medical Products, Inc. v. Medline Industries, Inc., 989 F.Supp.2d 1349 (N.D. Ga. 2013), the U.S. District Court for the Northern District of Georgia granted Medline’s motion for partial judgment on the pleadings and established the legal precedent that the medical device excise tax contained in the Affordable Care Act applies only to manufacturers of medical products and not distributors of medical products.

• In Elavon, Inc. v. Wachovia Bank, N.A. et al., 841 F.Supp.2d 1298 (N.D. Ga. 2011), Mr. Fellows served as co-counsel to Elavon, Inc., a provider of credit/debit card charge processing services, in a breach of contract action against Wachovia Bank, N.A., and Wells Fargo Bank. The U.S. District Court for the Northern District of Georgia granted Elavon’s motion for summary judgment and denied the Banks’ motion for summary judgment as to the contract claims and defenses. The parties settled the case during late 2011 shortly before trial.

• In Scott v. Roberts, 612 F.3d 1279 (11th Cir. 2010), Mr. Fellows served as co-counsel to a Florida gubernatorial candidate in a successful appeal before the U.S. Court of Appeals for the Eleventh Circuit. The Eleventh Circuit reversed the U.S. District Court and granted a preliminary injunction blocking enforcement of an excess spending subsidy provision of the Florida Campaign Financing Act.

• In Maples v. UHS of Georgia, Inc., d/b/a Peachford Hospital, 716 F.Supp.2d 1266 (N.D. Ga. 2010), Mr. Fellows served as the lead counsel in the successful defense of Peachford Hospital in an age-discrimination case brought by a former employee of the hospital. Mr. Fellows obtained a summary judgment on behalf of the hospital.

• In Lowdon Pty Ltd. v. Westminster Ceramics, LLC, 534 F.Supp.2d 1354 (N.D. Ga. 2008), Mr. Fellows successfully defended Westminster Ceramics, LLC, in a commercial dispute in which the Australian plaintiff was seeking more than $2.5 million in liquidated damages from Westminster Ceramics, LLC. Westminster Ceramics, LLC, asserted a counterclaim against Lowdon Pty Ltd. and its foreign individual owners for aiding and abetting the breach of fiduciary duties, violations of the Georgia Trade Secrets Act, and other business torts.

• In SunTrust Capital Markets, Inc. v. Giuliani Capital Advisors LLC et al., Mr. Fellows successfully defended Giuliani Capital Advisors LLC and three former employees of SunTrust Capital Markets, Inc., in a civil action brought by SunTrust Capital Markets, Inc., against the defendants for alleged breaches of fiduciary duties, alleged violations of the Georgia Trade Secrets Act, and alleged violations of the Georgia Computer Systems Protection Act. Mr. Fellows obtained a complete dismissal of the case during 2007.

• In Westminster Ceramics, LLC v. Eric H. Hunger, Terra Opus, LLC, Mr. Fellows successfully represented Westminster Ceramics, LLC, in obtaining an injunction and a reimbursement of all attorneys’ fees against two former executives and their new competing corporation based upon their breaches of fiduciary duties and their violations of the Georgia Trade Secrets Act, the Georgia Computer Systems Protection Act, and the Georgia RICO Act. At the evidentiary hearing for injunctive relief in April, 2006, he caused one of the former executives to invoke his privilege against self-incrimination which, in turn, contributed to the trial judge granting injunctive relief to Westminster Ceramics, LLC.

• In Alexandro v. Priority Printer Solutions, Inc., a breach of fiduciary duty action brought by a minority shareholder, Mr. Fellows obtained a defense verdict for his client corporation and its officers and majority shareholders in a January, 2006 jury trial in the Superior Court of Fulton County, Georgia.

• In Williams v. Southside Medical Center et al., in a May, 2005 jury trial in the U.S. District Court for the Northern District of Georgia, he obtained a complete defense verdict for the individual defendant in this sexual harassment case brought under Title VII of the Civil Rights Act of 1964, as amended.

• In Munson v. Strategis Asset Valuation and Management, Inc., 363 F. Supp. 2d 1377 (N.D. Ga. 2005), he obtained a summary judgment in the U.S. District Court for the Northern District of Georgia in a case in which the plaintiff was seeking several hundred thousand dollars in commissions.

• In Hester & Fender, P.C., et al. v. OrthAlliance, Inc., in a two-week jury trial in the U.S. District Court for the Northern District of Georgia during May, 2004, he successfully tried to verdict a breach of contract case on behalf of orthodontists against OrthAlliance, Inc., a subsidiary of OCA, which is a publicly traded corporation. Fellows persuaded the jury to excuse the orthodontists from lengthy service agreements and prevailed upon the jury to find in the orthodontists’ favor as to OrthAlliance’s counterclaim for an amount in excess of $9 million. The U. S. District Court also granted the orthodontists’ motion for the recovery of attorneys’ fees and expenses.

• In Duhart v. McMaster-Carr Supply Company, (N.D. Ga. 2003), he obtained a summary judgment for McMaster-Carr Supply Company, a national distributor of industrial equipment, as to the plaintiff’s claims of race and retaliation discrimination.

• In Milford v. Plantation Pipe Line Company and Level 3 Communications, LLC, 572 S.E.2d 67 (Ga. App. 2002), he successfully represented Plantation Pipe Line Company in enabling the company to license two inactive petroleum pipelines to Level 3 Communications for the installation of fiber optic cable.

• In Centex Homes v. Sanford et al., U.S. Dist. Ct. (N.D. Ga. 2001), he obtained an interlocutory injunction on behalf of Centex Homes, a publicly traded corporation, against former officers and employees of the company for breaches of their non-competition agreements.

• In Nelson v. U.S. Department of Agriculture and U.S. Forest Service, 64 F. Supp. 1318 (N.D. Ga. 1999), he won a bench trial on behalf of private property owners against the U.S. Department of Agriculture and the U.S. Forest Service, which had prevented the property owners from adequate access to their property for development purposes. The Court granted the property owners relief pursuant to the federal Wilderness Act.

• In Powell Duffryn Terminals, Inc. v. Calgon Carbon Corporation and Rayonier, Inc., 4 F. Supp. 1198 (S.D. Ga. 1999), he successfully defended Calgon Carbon Corporation in a $57 million property damage claim brought by a chemical storage facility against Calgon and Rayonier based upon claims of negligent misrepresentation. The Court held that the defendants had no duty to warn a sophisticated user of the dangers associated with the use of activated carbon canisters for controlling the odor of crude sulfate turpentine.

• In Jakobsen v. Colonial Pipeline Company and Plantation Pipe Line Company, 237 Ga. App. 441, 514 S.E.2d 851 (Ga. App. 1999), he successfully upheld on appeal the trial court’s grant of a judgment notwithstanding the verdict, which had the effect of nullifying a jury’s award in favor of the plaintiff. The Court of Appeals affirmed the trial court’s decision that the defendant pipeline companies had not trespassed on the plaintiff’s property.

• In Entertainment Sales Company v. SNK, Inc., 232 Ga. App. 669 (1998), he succeeded in obtaining a summary judgment on behalf of an out-of-state manufacturer of products pursuant to the Uniform Commercial Code, as adopted in Georgia.

• In Lockaby v. Top Source, Inc., 986 F. Supp. 1400 (N.D. Ga. 1997), he obtained a summary judgment on behalf of Top Source, Inc., a publicly traded company, in a retaliation discrimination case brought under Title VII of the Civil Rights Act of 1964, as amended. Mr. Fellows established that there was no causal connection between the employee’s protected activity and the adverse employment action.

• In Jones v. International Riding Helmets, Ltd. et al., 49 F.3d 692 (11th Cir. 1995), he obtained a summary judgment in a product liability case involving brain damage to the plaintiffs’ minor daughter. He also prevailed in his motion for sanctions and attorney’s fees against the plaintiffs’ attorneys pursuant to Rule 11 of the Federal Rules of Civil Procedure. The U.S. Court of Appeals for the Eleventh Circuit affirmed the judgment.

• In Cessna Finance Corporation v. Wall, 876 F. Supp. 273 (M.D. Ga. 1994), Mr. Fellows obtained a deficiency judgment on behalf of Cessna Finance Corporation. He succeeded in proving that the resale of the debtor’s collateral was commercially reasonable.