Peter Hall

Experience

Commercial Litigation & Other Matters

Represented a national operator of retail and food/beverage joint ventures at airports across the country in a breach of contract and fiduciary duty lawsuit challenging the client's platform-wide cost allocation methodology. Because the same methodology governed hundreds of joint ventures at more than 90 airports nationwide, an adverse ruling posed an existential threat to the client's business model. After removing to the U.S. District Court for the Northern District of Texas and dismantling the plaintiff's damages expert in deposition, the case resolved at mediation with no cash payment by the client.
Served as first-chair trial counsel for a film financing platform in a Fulton County Superior Court action against a former CFO who had secretly founded a competing business while employed, diverted business opportunities to the competitor, and made false representations about the client to prospective financing partners. Obtained jury verdicts on claims of breach of fiduciary duty, tortious interference, and unfair and deceptive trade practices, along with injunctive relief.
Obtained dismissal of 19 of 20 claims brought in the U.S. District Court for the Western District of Texas – including federal and state statutory claims, common law tort claims, and multiple other theories of liability – in a race discrimination lawsuit arising from a restaurant employee's good-faith report of suspected human trafficking to law enforcement. The sole surviving claim settled on favorable terms.
Represented an airport concessionaire in a dispute with a subtenant arising out of a breach of the sublease agreement; after the subtenant obtained an ex parte temporary restraining order (TRO), the case was moved to a new forum, the TRO was dissolved, and the case settled shortly thereafter with the subtenant vacating the premises.
Represented a client in a class action arising out of a data breach by filing an early motion to dismiss, alleging a lack of standing.
Represented a client in defense of a class action under the Fair and Accurate Credit Transactions Act (FACTA), including negotiation of a settlement agreement involving vouchers to class members and minimal cash payment by the client.
On behalf of a digital transformation and business optimization firm, defeated a TRO for specific performance of services contract sought by one of the largest insurers in the country, which would have put the client in the impossible situation of being obligated to perform services while transitioning employees to the client; the case settled shortly after the TRO was denied.
Obtained a $30 million jury verdict on behalf of an industrial services business based on claims of trade secret misappropriation, breach of restrictive covenants, unfair competition, computer fraud and other business tort claims.
Defended multiple employers in a breach of contract claims filed by former employees, often seeking bonuses, severance or other post-termination benefits.
Defended a national quick-service restaurant chain in a commercial dispute with the franchisee, which included claims of race discrimination; obtained summary judgment for franchisor and an award of attorneys' fees.
Coordinated an international remote working program for a national cloud-based payroll and human resources provider, including analysis of laws in multiple countries throughout Latin America, Southeast Asia and Europe.
Provided an analysis of labor/employment due diligence materials to multiple underwriters of insurance for representations and warranties in merger, equity purchase and asset purchase agreements.
Negotiation of executive employment, retirement and separation agreements on behalf of senior executives in the entertainment, energy and health care industries.

Wage-and-Hour & Employment Litigation Matters

Defeated a California wage/hour class and Private Attorneys General Act (PAGA) action on behalf of a national employer by building a discovery record that made certification untenable and resulted in plaintiffs’ voluntary dismissal of both cases.
Negotiated a global settlement across three simultaneous wage/hour collective and class actions brought by the same plaintiffs’ counsel in Missouri, New Mexico, and Virginia, resolving potentially multi-million dollar exposure against a national employer for a fraction of the claimed damages.
Obtained a defense verdict in a multi-plaintiff Fair Labor Standards Act (FLSA) action brought by offshore oil rig clerks claiming misclassification as independent contractors; previously, Peter and his team successfully obtained decertification of the collective action, leaving only three named plaintiffs; the jury deliberated for less than two hours before returning a complete defense verdict.
Successfully defended a directional drilling company in a FLSA collective action asserting directional drillers had been misclassified as independent contractors, including obtaining a rendering of judgment by the U.S. Court of Appeals for the Fifth Circuit in favor of the defendant.
Successfully compelled an individual arbitration in a FLSA collective action involving 100-plus opt-ins in a case involving drill-site managers (DSMs) or "company men" alleging they had been misclassified as independent contractors; after obtaining summary judgment in the lead plaintiff's individual arbitration, all remaining claimants voluntarily dismissed their claims.
Sat first or second chair in numerous California wage/hour law arbitrations on behalf of an oilfield services company in cases involving directional drillers and measurement-while-drilling (MWD) operators claiming they were misclassified as exempt; collectively, the arbitrations involved potential exposure of more than $20 million; Peter’s team won motions to dismiss in several matters, obtained defense awards after plenary hearings in two other matters (including a cost award), and ultimately, the remaining claimants agreed to withdraw their claims, resulting in a total zero recovery.
Sat first or second chair in multiple FLSA overtime arbitrations on behalf of a directional drilling company and a third-party payroll provider involving MWD operators claiming they had been misclassified as exempt; Mr. Hall's team won defense awards in each matter, resulting in zero recovery from either respondent.
Defeated a nationwide conditional certification of class/collective wage-and-hour action brought in Pennsylvania by a putative class of oil and gas pipeline inspectors; with the denial of certification, the company's exposure was reduced from overtime claims asserted by hundreds of inspectors to the claim of a single inspector who had worked for just six months.
Obtained multiple summary judgment awards in Louisiana and Rhode Island on behalf of a cable company in class/collective wage-and-hour actions brought by installation technicians; after demonstrating that the cable company was not a "joint employer" of the installation technicians, all claims against client were dismissed.
Obtained summary judgment in a claim brought by insurance sales agent in California for wage-and-hour violations and religious discrimination; by focusing on the client's independent contractor relationship with the plaintiff, all of her claims were dismissed with prejudice.
Obtained summary judgment in Florida on behalf of a private fire protection company in an overtime collective action and a retaliation lawsuit brought by a former fire chief and current firefighter/emergency medical services (EMS) technician.

Labor, Employment and ERISA Benefits Matters

Obtained summary judgment on behalf of a health care company in federal court in Indiana, dismissing gender discrimination, disability discrimination, and Family and Medical Leave Act (FMLA) interference and retaliation claims brought by a former employee.
Obtained summary judgment on behalf of a health care company in Idaho state court in a wrongful termination case, establishing that an employee's complaints about alleged inaccuracies in medical records did not rise to the level of "falsification" sufficient to invoke Idaho's public policy exception to at-will employment – a distinction developed through careful deposition preparation and testimony that narrowed the factual record on which the court's ruling turned.
Obtained dismissal of a 42 U.S.C. § 1983 First Amendment retaliation claim against a health care company in the U.S. District Court for the Northern District of Georgia, establishing that an employee's communications about a patient's medical concerns were made in her capacity as an employee performing job duties rather than as a private citizen on a matter of public concern, and therefore, were not protected speech under the First Amendment.
Represented a provider of Affordable Care Act (ACA) marketplace insurance in a lawsuit alleging that a client systematically underpaid providers for emergency medical services provided to the client's insureds on an out-of-network basis; plaintiffs asserted underpayment on more than 10,000 claims and sought more than $15 million in damages; after depositions of fact witnesses, plaintiffs agreed to settle on favorable terms.
Successfully brought suit against the U.S. Department of Labor (DOL) and the Employee Benefits Security Administration (EBSA) to end a years-long Employee Retirement Income Security Act (ERISA) investigation of a financial services company; after a preemptive lawsuit designed to bring about the end of the investigation was brought forth, the agency agreed to terminate its investigation with no finding of wrongdoing on the part of the client.
Represented an international pharmaceutical company in several putative ERISA and securities fraud class actions arising out of the plaintiffs' exercise of put rights in an employee stock bonus plan shortly before a merger announcement; obtained summary judgment against multiple plaintiffs and obtained a complete defense verdict following a two-week jury trial in one of the related actions.
Represented former professional basketball players in pursuing ERISA claims for pension benefits.
Represented an employer in a multi-employer pension plan withdrawal liability claim, including filing suit for declaratory judgment against the pension plan based on a delay in assessing withdrawal liability.
Represented an employer in an ERISA denial of benefits and failure to furnish plan documents claims; after an aggressive discovery and pleading strategy, the matter settled favorably.