Henry M. Perlowski

Partner

Direct: 404.873.8684
Fax: 404.873.8685
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Henry is a partner in the Litigation & Dispute Resolution practice, co-chair of the Employment practice, co-chair of the Oil & Gas industry team, and a member of the Background Screening and Hospitals & Health Systems industry teams. He helps employers, employer service providers, and boards of directors solve their most complex legal dilemmas and acts as outside general counsel and the key relationship advisor for clients in the energy, healthcare, consulting, security, and other industries. Nationally, Henry serves as lead counsel in litigation across 40 jurisdictions, taking dozens of cases to verdict before juries and arbitration tribunals.

Henry has deep experience advising companies in complex workforce restructurings and how to mitigate risk flowing from decisions involved in restructurings. He carefully counsels clients through some of their most sensitive matters including internal investigations, executive separation, earn-out, and fiduciary duty disputes. Henry also represents management teams in complex contract and equity negotiations in corporate acquisitions. He serves as the lead partner in handling client relationships with their represented workforce, including negotiating collective bargaining agreements, handling grievance arbitrations and related proceedings before the National Labor Relations Board. He defends class and collective actions under federal and state anti-discrimination, wage-and-hour and background screening laws, and frequently represents employee benefit plans and service providers in ERISA and related contract litigation regarding claims under PPO and traditional network plans and under reference-based reimbursement plans. Henry also addresses all forms of competition, trade secret, breach of corporate opportunity, and related disputes.

Experience

  • Lead counsel handling a series of collective bargaining agreement negotiations and portfolio of labor matters for a national pipeline company, including dozens of arbitrations of termination, discipline, contract construction and unfair labor practices grievances.
  • Lead counsel handling a series of internal investigations for a prominent energy company in the Southeast, including matters involving vendor misconduct and fraud, alleged executive officer misconduct, and the company’s overall EEO compliance program.
  • Lead counsel in investigating the electronic and physical security of prominent nuclear energy provider’s facilities.
  • Lead counsel in conducting a series of comprehensive audits of a national energy company’s human resources, salary and compensation and benefits practices, including developing proactive plans to address issues discovered in the audits and to promote best practices on a going forward basis.
  • Lead counsel for a national pipeline company in the restructuring of its entire workforce, including providing management training, risk analysis, and handling all transactional aspects of the restructuring, including for the company’s union and non-union workforce. As lead trial counsel, Henry then secured summary judgment in favor of the company against an age discrimination claim in Ohio flowing from the restructuring, with the trial court specifically commenting that the process for implementing the restructuring was fair, non-discriminatory and undertaken in good faith. This ruling was then affirmed by the Sixth Circuit Court of Appeals.
  • Lead counsel securing summary judgment in Georgia in favor of an energy provider against claims of discrimination and retaliation brought as part of a workforce restructuring and complaints regarding DEI programs. In its order, the court also sided with our client on questions related to in-house counsel attorney-client privilege, an important “win” protecting the sanctity of the role of in-house counsel.
  • Lead trial counsel securing a jury verdict in favor of a national pipeline company its defense of an age discrimination lawsuit brought by a senior engineer following his termination, with no resulting appeal. The jury needed less than an hour to deliberate and decide in favor of the company.
  • Lead trial counsel securing a jury verdict in favor of a prominent healthcare provider and its CEO against hostile work environment claims brought by a former finance executive against the company’s CEO, with the jury taking less than two hours to deliberate after an eight-day trial.
  • Lead counsel securing a complete victory in arbitration in Georgia against claims of race discrimination and retaliation brought by the highest-ranking minority executive of a New York-based real estate finance company, including allegations directed against its board.
  • Lead counsel securing a complete defense verdict in arbitration in Georgia in favor of a leading, global IT solutions provider against the gender discrimination and retaliation claims brought by a former high-ranking female executive after she was terminated following an internal investigation into allegations that she was engaging in discriminatory hiring practices. Through detailed eDiscovery efforts, we discovered evidence proving that she was using code words for her discriminatory hiring preferences, shattering her credibility.
  • Lead counsel for a pipeline company in coordinating the defense of and securing insurance coverage and contribution from co-defendants against negligence claims brought by a prominent Texas-based personal injury attorney following the near-fatal fall of a contractor employee on the company’s premises.
  • Lead counsel successfully representing a preeminent worldwide financial services and private wealth firm defeat defamation and invasion privacy claims brought by a departed executive advisor.
  • Lead counsel securing injunctive relief on behalf of a global financial services provider following the departure of several key executives recruited by a competitor, thus requiring the departed executives to honor their noncompetition covenants.
  • Lead counsel securing summary judgment on class representative standing in a nationwide putative class action brought in Pennsylvania and seeking in excess of $50 million under the Fair Credit Reporting Act addressing the sufficiency of disclosures given to applicants for employment.
  • Lead counsel defending a consumer reporting agency in a nationwide putative class action brought in Delaware under the Fair Credit Reporting Act addressing access to underlying raw data.
  • Lead counsel in performing company-wide audits of wage and hour practices, benefits programs and other company human resources practices, focusing on potential waste and inefficiency, in addition to regulatory compliance.
  • Primary outside counsel and national coordinating counsel for several providers of self-insured benefit plans and providers of reference-based pricing benefit plans in nationwide litigation, including in California, Kansas, Ohio, Oklahoma, Pennsylvania and Texas.
  • Lead arbitration counsel securing a complete defense verdict at trial in favor of a nationwide employee benefits provider, against breach of contract claims brought by a former sales executive who was seeking over $4 million in damages.
  • Lead counsel defending a consumer reporting agency in a nationwide putative class actions brought in Ohio and Mississippi under the Fair Credit Reporting Act addressing background checks run for applicants seeking on-site access to several major railroad properties.
  • Lead counsel successfully representing a nationwide information service provider in an arbitration brought in Rhode Island seeking to bring the company’s practices within the ambit of the Fair Credit Reporting Act.
  • Lead counsel for the nation’s leading hospital linen service provider in the multi-phase restructuring of its twenty-plus state workforce, including providing management training, risk analysis, and handling all transactional aspects of the restructuring, including for its union and non-union workforce. No lawsuits were filed by any employees displaced by this restructuring.
  • Lead counsel successfully representing an international manufacturer of graphic films secure the recovery of earn out payments and defeat claims in excess of $50 million brought by the former President of one of its divisions following years of litigation and arbitration in California.
  • Lead counsel successfully resolving, on very favorable terms, a proposed nationwide putative class action brought in Georgia under the Fair Credit Reporting Act against a company providing payroll agent services under various public health programs.
  • Served as lead counsel and secured reimbursement in coverage litigation for defense costs incurred by a faith-based organization following contentious litigation over the control of a Georgia university that alleged myriad fiduciary duty claims.
  • Lead counsel representing the co-owner of a national credit company achieve control of the company through the filing of a corporate dissolution action against his former equal majority owner in the company.
  • Lead trial counsel securing summary judgment for certain heirs of the estate of one of the top executives of a multibillion-dollar public company in a dispute with other heirs over ERISA benefits flowing from the executive’s death, which then was affirmed on appeal by the United States Court of Appeals for the Eleventh Circuit.
  • Advised a preeminent national healthcare provider in providing guidance to directors and officers in negotiations over the withdrawal of financial assistance to a Georgia rural hospital.
  • Lead counsel representing several management teams in executive contract and compensation negotiations as part of billions of dollars of acquisitions by leading technology companies.
  • Co-counsel for national insurer in negotiations over potential coverage for hundreds of millions of dollars of alleged loss arising out of product recall claims filed by an international beverage company arising out of its operations in the European Union.
  • Lead counsel defending a national nursing home company in three company-wide putative actions brought in Pennsylvania and North Carolina under the Fair Labor Standards Act focusing on meal break and related timekeeping practices.

    Credentials

    • University of North Carolina School of Law, Juris Doctor,
      with Honors
      • Order of the Coif
      • Editor-in-Chief, North Carolina Journal of International Law and Commercial Regulation, 1992-93
    • Duke University, Bachelor of Arts - Public Policy Studies and Economics
    • State of Georgia 1993
    • United States District Court for the Northern District of Georgia
    • United States District Court for the Middle District of Georgia
    • United States District Court for the Southern District of Georgia
    • United States Court of Appeals for the Third Circuit
    • United States Court of Appeals for the Fifth Circuit
    • United States Court of Appeals for the Sixth Circuit
    • United States Court of Appeals for the Ninth Circuit
    • United States Court of Appeals for the Eleventh Circuit
      • Employment Law Alliance
        • Board of Directors, 2020-25
        • Executive Vice President, 2023-25
        • Global Business Development Committee, Co-Chair
        • North American Membership Committee, Former Vice Chair
        • Representative for AGG, Exclusive Georgia Member Firm
      • American Bar Association, Section of Labor and Employment, EEO Committee
      • National Association of Professional Background Screeners (“NAPBS”)

    Recognition

    • Sheldon N. Sandler Award, Employment Law Alliance, 2024
    • Best Lawyers in America®, Employment Law – Management, 2018-25
    • Chambers USA: America’s Leading Lawyers, Labor and Employment, 2009-11, 2013-24
    • Georgia Super Lawyers, 2008-22
    • “Legal Elite,” Georgia Trend, 2009-16, 2020
    • “Rising Star,” Georgia Super Lawyers, 2005-06

    News & Insights