Henry D. Fellows, Jr. Partner direct: 404.586.2050 phone: 404.586.9200 fax: 404.586.9201 Peachtree Center Suite 2300, South Tower, 225 Peachtree Street, N.E. Atlanta, GA 30303-1731

Henry D. ("Hank") Fellows, Jr., is a member of the American College of Trial Lawyers, whose membership cannot exceed one percent of the total lawyer population of any State. He is also an av-rated trial lawyer whose practice has been devoted to complex business litigation for twenty-seven years. Mr. Fellows was recently selected by his peers as one of the Georgia Super Lawyers for 2008 (top 100 attorneys). He is a founding partner of Fellows LaBriola LLP, a trial and litigation firm which celebrated its fifteenth anniversary in January, 2008.

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; 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; RICO cases; 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 current Chair of the Courts Committee of the Litigation Section of the Atlanta Bar Association ("ABA") and the past Chair of the Litigation Section of the ABA; the former Chair of the Continuing Legal Education Committee of the ABA, and a current member of the Board of Directors of the ABA. He is also a Master of the Lumpkin Inn of Court associated with the University of Georgia Law School and a Fellow of the American Bar Foundation. 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, and he earned his law degree from Georgetown University Law Center in 1978. He currently serves on the National Alumni Board for Georgetown University Law Center. Mr. Fellows also serves as a Special Master for the Fulton County Superior Court. Mr. Fellows formerly served as the general counsel of the Fulton Industrial Business Association ("FIBA") and also served on the Board of Directors of the Atlanta Chapter of the Industrial Relations Research Association ("IRRA").

The following cases illustrate the breadth of Mr. Fellows' practice:

• 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.