Known for his creative approaches to difficult, high-stakes cases, David Long-Daniels is Co-Chair of the firm's Global Labor & Employment Practice, Co-Chair of the Labor & Employment Practice's Complex Employment Litigation & Trials group and Chair of the Atlanta Labor & Employment Practice. He represents clients across the United States in complex labor and employment matters. David has tried more than 50 jury trials and approximately 20 bench trials and arbitrations. He is recognized as a leading defense trial attorney for bet-the-company cases and is frequently named among the very best trial attorneys in Georgia. David handles complex litigation matters of importance, often with sizable monetary values throughout the country. David's practice includes the representation of clients in corporate espionage cases and in cases asserting claims under the Fair Labor Standard Act, Title VII of the Civil Rights Act, Family and Medical Leave Act, Americans With Disabilities Act, various whistleblower statutes, and other federal and state civil rights and labor and employment matters. A particular focus of David's practice is representing corporations in class and collective actions. He is also a veteran of the United States Air Force and often litigates USERRA issues. David has defeated class certification in many cases and has tried labor and employment cases in many jurisdictions across the United States. David has taught labor and employment as an Adjunct Law Professor at both the University of Alabama School of Law and the Walter F. George School of Law at Mercer University. David has also written for the Defense Research Institute, has been quoted in The National Law Journal on current legal matters, and his cross examination has been featured on ABC's "20/20" program. He has served as a moderator on the in-house and outside counsel relationships and other seminars for the National Bar Association.
Concentrations
Trial lawyer
Labor and employment
Class actions
Collective actions
Employment hiring criteria (validation litigation)
Constitutional litigation
Harassment litigation
Corporate governance litigation
ERISA litigation
Commercial litigation
Franchisee arbitrations
Breach of commercial contract and warranty actions
Wrongful death actions
Corporate espionage actions
Capabilities
Labor & Employment Litigation
ERISA & Employee Benefits Litigation
Education Trial Practice Arbitration & Mediation
Representative Commercial Litigation Experience
Represented Bartlett Holdings, Inc. ("BHI") and its subsidiary Power Equipment Maintenance, Inc. ("PEM") in an action against competitors and former employees for tortious interference with business and contractual relations, misappropriation of trade secrets, breach of employee duty of loyalty, and breach of various restrictive covenants. In early 2013, we learned that PEM's former president and other PEM executives had been using BHI's and PEM's confidential information and trade secrets to compete against BHI and PEM and poach customers and employees of BHI and PEM. We investigated the matter and initially filed suit in federal district court seeking injunctive relief and damages. We later dismissed the federal court action without prejudice and filed suit in state court. BHI and PEM initially moved to compel defendants to produce documents they were withholding, though admittedly responsive and not privileged, which the Court granted. Subsequently, BHI and PEM added additional individuals and entities as defendants. The Court thereafter conducted a three-day evidentiary hearing on PEM's and BHI's motion for an interlocutory injunction and heard testimony and considered evidence. We have obtained significant discovery rulings against defendants. The case was subject to collateral attacks and successfully litigated in South Carolina, Plymouth Mass and New York. On August 17, 2015 trial commenced before a jury in the Superior Court of Chatham County GA (Savannah). The case was tried for two weeks and the jury deliberated for almost three days before returning a collective Judgment against the defendants for $30 million on September 3. This is the largest verdict in Chatham County Georgia.
Represented Anheuser-Busch in a high profile case involving the late baseball great Roger Maris's family. The family was represented by nationally renowned Willie Gary of the Gary, Williams, Parenti, Finney, Lewis, McNamus, Watson, Sperando law firm. Roger Maris and his brother, Rudy Maris, founded a beer distributing company called "Maris Distributing." Our client terminated its relationship with Maris Distributing, which then sued for breach of contract and defamation. The case was originally tried in 2002 by another law firm. The jury returned a $100,000,000 plaintiff's verdict on the breach of contract claim, but the court ordered a mistrial on the defamation claim. Barry Richard and David Long-Daniels were brought in on the second trial to try the defamation case. On retrial, Plaintiff demanded $5 billion. The trial, which was widely publicized and contained a potentially inflammatory racial overtone, lasted almost four weeks and involved almost every member of the Maris family. The jury deliberated for two hours, but immediately before the jury verdict was announced, Plaintiffs' counsel initiated settlement discussions and we settled the case on terms favorable to client. The verdict was sealed by the court.
Represented Southeastern Mechanical Services, Inc. (SMS) in a case involving theft of trade secrets and unfair competition brought by SMS against a direct competitor, as well as three former SMS employees who had joined the competitor. SMS alleged that the defendants stole SMS's trade secrets, violated the federal Computer Fraud and Abuse Act, and committed other unlawful acts under Florida law. SMS obtained a TRO and preliminary injunction against all defendants. The injunction ordered Defendants to return all SMS property within 24 hours and enjoined the Defendants from using SMS's trade secrets or calling on SMS's customers. It was the first time this judge had recommended preliminary injunctive relief in her more than 20 years as a jurist. Pursuing an aggressive discovery strategy, established that the three former employees had stolen SMS's computerized trade secrets and used them to expand the competitor's business into the Florida market, where SMS was located. Discovered that the former employees had secretly funneled customers and corporate opportunities to the competitor while still employed by SMS. The employees and others had also secretly wiped various computers and PDAs in an effort to hide their wrongdoing. Moved for sanctions due to spoliation of evidence, and the court ordered that an adverse inference jury instruction would be given. Immediately prior to trial, the matter settled on favorable financial terms, as well as the defendants' agreement to extend both the time and scope of the already-sweeping preliminary injunctive relief. All the individual defendants, as well as the CEO, COO, and a division president of the competitor, were terminated during or as a result of this litigation. Defended five executives of a large insurance company against claims for tortious interference with contract asserted by former employee. The employee had previously sued the insurance company for race discrimination under 42 U.S.C. 1981. That case went to trial, which resulted in a complete defense jury verdict. The plaintiff then sued the individuals in Georgia state court. The insurance company was originally represented by another law firm in Atlanta. After conducting no discovery, the insurance company moved for summary judgment based primarily on res judicata. The motion was denied, and the case was set for trial. The case was resolved on the eve of trial.
Defended large commercial matter in British Columbia, Canada. The case involved the explosion of an industrial waste-heat boiler allegedly caused by a defective repair to the boiler. The plaintiff alleged that client, which had performed maintenance and upgrades on the boiler in the past, caused the explosion by making the defective repair, or negligently failed to alert the plaintiff to the existence of the defective repair. Plaintiff alleged breach of contract, breach of warranty, and general negligence against client and others, and is demanding more than $28 million in damages.
Other Commercial Litigation Experience
Previous Experience
Adjunct Law Professor, Labor and Employment Law, Walter F. George School of Law Mercer University, 2004
Adjunct Law Professor, Labor and Employment Law, University of Alabama Law School, 1992-2003
Adjunct Law Professor, Fair Labor Standards Act, University of Alabama Law School, 2000
Awards & Accolades
Alabama State Representative, Eleventh Circuit Judicial Conference Board Member, Compass Bank, Junior Board Board Member, Edward S. Norton, Birmingham-Southern College, Board of Advisors Board Member, Mercer University, Walter F. George School of Law, Board of Visitors Board Member, Operation New Birmingham Chairman, Executive Committee of the Community Affairs Committee, 1996 Board Member, UAB School of Education, Board of Advisors Former President, Birmingham Board of Education General Counsel, Atlanta Community Food Bank Member, Alabama State Bar Member, Birmingham Bar Association Chairman, Unauthorized Practice of Law Committee, 1997 Member, Nominating Committee Member, Birmingham Magic City and National Bar Associations Member, Defense Research Institute Member, Kiwanis Club Member, Panel of Arbitrators and Mediators, National Arbitration Forum Member, State Bar of Georgia Fellow, Litigation Counsel of America, 2009 Member, Leadership Alabama, 1998 Vice Chair, Birmingham Urban League, 1996-1997 Regional Counsel, Southern Division, Alpha Phi Alpha Fraternity, Inc., 1996 Board Member, Birmingham Festival of Arts, 1995 Member, Leadership Birmingham, 1993-1994 Program Committee, 1994 Junior Board Member, Family and Child Services, 1993
Credentials
Admissions
