Todd Van Dyke

Representative Cases

• Represented a technology company in a federal court jury trial in Atlanta. The plaintiff, a former employee, sought more than a million dollars in damages and attorney’s fees for breach of contract and stock options. Defense verdict. (2015)
• Defended a national logistics provider in a multi-million dollar claim for breach of an employment agreement brought by a former high-level executive. After an arbitration on the merits, the Company prevailed. (2013)
• Represented a staffing company in FLSA collective action brought on behalf of current and former employees alleging they had been misclassified as exempt. Class was conditionally certified. Thereafter, obtained summary judgment on all claims, which was affirmed by the Eleventh Circuit Court of Appeals. The United States Supreme Court denied certiorari in 2011. Bell et al. v. Callaway Partners et al., 2010 U.S. Dist. LEXIS 36564 (N.D. Ga. 2010), aff’d, 394 Fed. Appx. 632 (11th Cir. 2010).
• Represented a manufacturer in a case involving claims the plaintiff was terminated because of his disability and his age. The plaintiff claimed the misconduct that led to his termination – sleeping on the job – was caused by his disability. Obtained summary judgment on all claims. Howard v. STERIS Corp., 2012 U.S. Dist. LEXIS 116032 (M.D. Ala. 2012).
• Represented a retailer in a case involving claims the plaintiff was sexually harassed and terminated in retaliation for complaining about the harassment. Obtained summary judgment on all claims. Faircloth v. Her-Kel Investments, Inc., 2012 U.S. Dist. LEXIS 80475 (M.D. Ga. 2012).
• Represented a company in a nationwide claim by the EEOC that the company had a leave policy that violated the ADA. The case was resolved on terms favorable to the company.
• Represented an insurance company in a case involving claims the plaintiff was discriminated against on the basis of race, disability and in retaliation for engaging in protected activity. Court granted a motion to dismiss all claims prior to discovery. Carter v. The Hartford Fire Ins. Co., 2012 U.S. Dist. LEXIS 148630 (N.D. Ga. 2012).
• Represented a hotel in a high-profile case of harassment brought by a former employee, who alleged he had been harassed by a prominent entertainer. The case was resolved early on terms favorable to the hotel.
• Represented individuals and a company in a case that sought a declaration that several restrictive covenants were unenforceable. After successfully getting the case remanded to state court, the case was resolved on favorable terms. Smith et al. v. Willis Insurance Services of Georgia, Inc., 2011 U.S. Dist. LEXIS 76089 (N.D. Ga. 2011).
• Represented a company in a case that opposed the plaintiff’s attempts to obtain a declaration that several of his restrictive covenants were unenforceable. After successfully obtaining a dismissal of some claims prior to discovery, the case was resolved on favorable terms. Rowland v. XPEDX, Inc., 2011 U.S. Dist. LEXIS 41214 (N.D. Ga. 2011).
• Represented a financial services company in an unfair competition arbitration. Defeated two motions for preliminary injunction, and obtained a defense verdict on all claims after a full hearing on the merits. Allegiance Financial v. Hennessy and Citigroup Global Markets, Inc., NASD Case No. 06-01124 (2007).
• Represented an international manufacturer in an unfair competition case. After a weeklong jury trial in federal court, obtained a defense verdict on plaintiff’s claim for misappropriation of trade secrets. Jury returned a verdict in favor of the plaintiff on a tortious interference claim that was significantly less than the last offer.
• Represented a food services company in a multi-state FLSA collective action involving allegations tipped employees were required to perform work outside of their tipped positions and the company included non-tipped employees in the tip pool. Obtained a favorable settlement prior to conditional certification of a class.
• Represented a communications company in whistleblower action brought under the Sarbanes Oxley Act. Obtained a no liability determination.
• Represented a manufacturer in a case involving claims the plaintiff was terminated in violation of the ADA and the FMLA. Obtained summary judgment which was affirmed on appeal. Hinson v. Tecumseh Products Co., 2000 U.S. App. LEXIS 26778 (6th Cir. 2000).
• Represented a food processing company in FLSA collective and class actions brought on behalf of current and former employees who claimed they were not paid for all hours worked.
• Represented an insurance company in restrictive covenant litigation involving a former agent who had filed a declaratory judgment action. Obtained a ruling that the former agent’s covenants were enforceable, and the former agent thereafter agreed to repay the company a six figure sum of money.
• Represented a retailer in an assault and battery arbitration. Defense verdict.
• Represented a retailer in an arbitration involving claims of race and sex discrimination. Defense verdict.
• Todd has conducted many TRO and preliminary injunction hearings in non-competition cases in state and federal courts throughout the Southeast.

Honors and Recognitions

• The Best Lawyers in America©, "Employment Law - Management" and "Litigation - Labor and Employment (2014-present)
• Georgia Super Lawyers®, "Rising Stars" (2005-2006, 2009) and "Super Lawyers" (2013-present)

Professional Associations and Activities

• American Bar Association
• Georgia State Bar Association