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James H. Coil III: Lawyer with Kilpatrick Townsend & Stockton LLP

James H. Coil III

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Phone+1 404.815.6348

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Employment Litigation & Class Actions
  • Labor & Employment
  • AAP, Compliance & OFCCP Audits
  • Wage & Hour Issues
  • Privacy & Data Security
 
University Duke University, B.A.
 
Law SchoolHarvard Law School, J.D.
 
Admitted1971, Georgia; U.S. Court of Military Appeals; U.S. District Court for the Northern District of Georgia; U.S. District Court for the Middle District of Georgia; U.S. District Court for the Northern District of Florida; U.S. District Court - Western District of Pennsylvania; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the D.C. Circuit; U.S. Supreme Court
 
Biography

Jim Coil joined the firm in 1974, following his service as a Captain in the U. S. Marine Corps. He is one of the firm's most experienced partners concentrating in the representation of management in all phases of employment-related legal matters. In addition to providing counseling and pro-active advice to clients about policy development and implementation, reduction-in force-planning and general legal compliance matters, Jim provides guidance and defends employers in three specialty areas: Government Contractor Affirmative Action planning and representation in Federal government compliance audits; defense of individual and complex lawsuits alleging all forms of discrimination and wrongful treatment of employees; and wage/hour compliance advice and representation in government wage audits and all varieties of individual/collective/class actions alleging violations of the Fair Labor Standards Act and/or state wage hour laws.

Jim has advised numerous Fortune 50 and 100 companies on a national basis in preparing and implementing compliant Affirmative Action Plans, and he has successfully led them through scores of difficult, and often aggressive, compliance audits conducted by the Office of Federal Contractor Compliance Programs. He has also provided guidance to clients developing compliant policies, in conducting internal audits of pay practices, and successfully represented many businesses, both very large and small, in difficult wage/hour investigations conducted by the Department of Labor and numerous state agencies involving suspected miss-classification of employees, erroneous pay practices, and other alleged violations of these complex laws.

When litigation cannot be avoided, Jim has extensive experience successfully defending clients in a wide range of industries and services in all types of employment and wage/hour lawsuits. He has represented companies in state and federal courts throughout the nation, and has defended their trial court victories in numerous appellate courts, including the United States Supreme Court, the Federal Courts of Appeal for the Fourth, Fifth, Ninth, Eleventh, and District of Columbia Circuits, and numerous state appellate courts, including the highest courts in New York and Georgia. Jim has won defendants' verdicts of no liability in numerous jury trials, obtained summary dismissal in scores of others without the need for trial, and negotiated favorable settlements in the remainder. His experience includes defending multi-plaintiff claims alleging wrongful termination, whistleblower and retaliation accusations, dozens of large class and collective actions alleging FLSA and/or state law wage and meal/rest break violations, as well as discrimination cases based on claims systemic race, sex, age and disability discrimination.

Jim is also a prolific author and a frequent speaker at client, industry and bar sponsored seminars. He authored The New Supervisor's EEO Handbook and has published more than 50 articles employment related articles.

Jim has been listed every year since 2007 in The Best Lawyers in America® for Labor and Employment Law, every year since 2007 as one of Who's Who Legal: Georgia's Labor & Employment Lawyers, and as one of Georgia Trend Magazine's "Legal Elite" every year since 2009. He has also been recognized as a Georgia "Super Lawyer" in the areas of Employment & Labor, Business Litigation and Civil Litigation Defense by Super Lawyers magazine every year since 2004 and in every edition of Chambers USA: America's Leading Lawyers for Business for Labor & Employment law since 2005, and listed as #1 in the 2010 and 2011 editions. Jim has similarly been recognized in international publications such as the PLC's Cross Border Labour & Employment Lawyers Handbook since 2008, in the Guide to World's Leading Lawyers for Labour & Employment since 2006, and in the yearly editions of the International Who's Who of Business Lawyers for Labour & Employment law since 2008. In 2011, he was named a Volunteer of the Year by the Pro Bono Partnership of Atlanta. Mr. Coil is AV® rated by Martindale-Hubbell.

Professional & Community Activities

Atlanta Symphony Orchestra, Past Member of Board of Directors

Governor's Advisory Task Force on AIDs, Past Member

Experience

Affirmative Action Plans for nationally recognized companies, Designed and prepared hundreds of Affirmative Action Plans and provided on-going advice and training in effective compliance programs for nationally recognized companies in virtually all segments of the economy, including the snack foods, manufacturing, airline and ground transportation, banking, construction, financial services, beverage, fast food, retail, and professional service industries.

Wage-Hour class action for major bottled water company, Represented a major beverage company in a state-wide class action contending that our client's 800+ route salespeople were not exempt from the overtime requirements of California wage laws by virtue of the Outside Sales Exemption. The matter was settled on terms favorable to our client.

Discrimination and Wage-Hour litigation for major bottled water company, Represented a major North American beverage company in a putative class action brought by seven route salespeople seeking to represent a class alleging FLSA, age and race discrimination claims against our client in the Southern District of New York. Following initial discovery, we successfully convinced the plaintiffs that the case could not be certified and then settled the individual claims on terms favorable to our client.

Class action lawsuit for major beverage company, Represented a major beverage company in class action brought under New Jersey and New York law on behalf of all route sales personnel (approximately 1,900) claiming that the company had misclassified them as exempt from the overtime provisions of state law, and seeking six years of back overtime pay. Obtained dismissal of the New York class and settled the New Jersey class on favorable terms.

Wage-Hour class action for major bottled water company, Represented a major North American bottled water company in a class action brought in Los Angeles County Superior Court. Plaintiffs filed a class action complaint on behalf of themselves and similarly situated California route sales representatives alleging that our client denied overtime pay, rest periods and meal breaks to more than 1,000 of its former and current employees in violation of California law. Negotiated a favorable settlement of all claims.

Age discrimination collective actions for a major nationwide retailer, Represented a nationwide retailer in two related age discrimination collective actions brought by 14 former store managers claiming that they were terminated due to age. Following discovery, we were able to get the plaintiffs' cases severed for individual trials, obtained summary judgment as to some of the plaintiffs and settled the remainder on terms favorable to the client.

Compliance Audits for Fortune 50 and 100 companies, Represented many Fortune 50 and 100, as well as smaller companies, in hundreds of Compliance Audits conducted by the Office of Federal Contract Compliance Programs, including the first "Glass Ceiling" audit ever conducted by the OFCCP and numerous other Headquarters audits, all of which - with only one exception in 30 years - resulted in either determinations of full compliance or the resolution of the alleged deficiencies without a finding of discrimination or the monetary payments.

On-site OFCCP compliance audit for aircraft manufacturer, Successfully marshaled a large aircraft manufacturer through a year long OFCCP compliance audit at a manufacturing plant employing thousands of employees. The on-site investigation lasted over 100 days, with up to a dozen compliance officers at a time interviewing hundreds of workers and managers, and reviewing thousands of personnel files, selection decisions and compensation records, and involved an initial demand by the OFCCP for millions of dollars in back pay. It concluded with a finding of only minor deficiencies requiring correction and no monetary relief of any kind.

*Experience gained by attorney prior to joining Kilpatrick Townsend

Publications

23 September 2011, California Legislature Approves Hefty New Penalties for Misclassifying Workers As Independent Contractors,Legal Alerts

23 August 2011, DOL's Administrative Review Board Continues to Expand Whistleblower Protections Under Sarbanes-Oxley,Legal Alerts

26 January 2011, The Supreme Court Broadens the Scope of Retaliation Claims Under Title VII,Legal Alerts

15 December 2010, New York Substantially Increases Penalties for Violations of State Wage-and-Hour Laws,Legal Alerts

23 June 2010, Time Spent Donning and Doffing Personal Protective Equipment Is Compensable,Legal Alerts

29 April 2010, Do You Want Class Arbitration? Supreme Court Holds Parties' Agreement Is Key,Legal Alerts

13 April 2010, Federal District Court Expands Reach of Sarbanes-Oxley Whistleblower Protection,Legal Alerts

04 March 2010, IRS Employment Tax Audits Take Center Stage,Legal Alerts

30 October 2009, President Obama Signs Legislation Expanding Family and Medical Leave Act,Legal Alerts

07 October 2009, Department of Homeland Security Revokes its Rule on "No-Match Letter",Legal Alerts

21 March 2009, State Wage-and-Hour Law - A Hidden Minefield for Employers
Source: Employment Relations Today, Articles

19 October 2006, December 2006 Rules Change: How to Implement An Effective Document Retention Policy Now,Legal Alerts

15 November 2005, Limits on Limited Medical-Leave Policies
Source: Employment Relations Today, Articles

01 September 2004, When Off-Duty Conduct Becomes Off Limits: State Laws Expand to Protect Employees Outside the Workplace
Source: Wiley Periodicals, Articles

01 April 2004, The Perils of State Wage-Deduction Laws
Source: Wiley Periodicals, Articles

01 March 1998, State As Well As Federal Red Tape Ties Up Employment-Related Consumer Reports
Source: Employment Relations Today, Articles

01 October 1997, Give Me a Break! State Laws on Meal Periods, Rest Breaks, and Maximum Working Hours
Source: Employment Relations Today, Articles

01 April 1997, Time Out: Leave Policies and Workers' Compensation Retaliation Claims
Source: Employment Relations Today, Articles

28 February 1997, Employment Law Basics in Latin America: Venezuela and Brazil -- Terminations; Social Security; Anti-Discrimination
Source: Latin American Law and Business Report, Articles

31 January 1997, Employment Law Basics in Latin America: Venezuela and Brazil
Source: Latin American Law & Business Report,Other Publications

31 January 1997, Employment Law Basics in Latin America: Venezuela and Brazil: Part I The Basics: Hiring, Compensation and Benefits
Source: Latin American Law and Business Report, Articles

01 September 1996, Employment Law in Venezuela and Brazil: Termination; Social Security; Anti-Discrimination
Source: Latin American Law and Business Report, Articles

01 September 1996, For the Record: Covert Recording of Employment-Related Conversations
Source: Employment Relations Today,Other Publications

01 April 1996, The Jury is Out: Dealing with Employee Absences for Jury Duty
Source: Employment Relations Today, Articles

01 March 1996, The ADA at Three Years: A Statute in Flux
Source: Employee Relations Law Journal, Articles

01 October 1995, The State of State Employment Arbitration Law
Source: Employment Relations Today, Articles

01 September 1995, Under the Influence
Source: Safe Workplace, Articles

01 July 1995, Two Wrongs Don't Make a Right: The Supreme Court Limits After-Acquired Evidence as a Defense in Employment Discrimination Actions
Source: Employee Relations Law Journal, Articles

01 April 1995, What's Love Got To Do With It? Employer Rules Regarding Off-Duty Relationships
Source: Employment Relations Today, Articles

01 March 1995, For the Record: Covert Recording of Employment-Related Conversations
Source: Employment Relations Today, Articles

01 September 1994, The Unemployment Compensation Sweepstakes
Source: Employment Relations Today,Other Publications

01 April 1994, The Tip of the Iceberg: Early Trends in ADA Enforcement
Source: Employee Relations Law Journal,Other Publications

01 April 1994, Three Steps to Creating Effective Employee Releases
Source: Employment Relations Today,Other Publications

01 November 1993, Legal Considerations in Managing Workforce Diversity
Source: The EEO Review,Other Publications

01 September 1993, State Comparable Work Laws: Equal Pay for Unequal Work?
Source: Employment Relations Today,Other Publications

01 April 1993, State Limits on Drug-Testing Programs After Accidents
Source: Employment Relations Today,Other Publications

01 September 1992, Determining Whether Employees Have a Right to Review Personnel Records
Source: Employment Relations Today,Other Publications

01 July 1992, Past Sins or Future Transgressions: The Debate Over Retroactive Application of the 1991 Civil Rights Act
Source: Employee Relations Law Journal,Other Publications

01 April 1992, State Antidiscrimination Laws Often Go Beyond Federal Limits
Source: Employment Relations Today,Other Publications

01 January 1992, Managing Diversity After the Civil Rights Act of 1991
Source: The Mulling Group,Other Publications

01 September 1991, Employers Discover an Activity That is Not Protected: Employee Lies About Bias
Source: The EEO Review,Other Publications

01 August 1991, Smoker-Protection Statutes: Fifteen States Now Protect Smokers from Discrimination Based on Their Off-the-Job Tobacco Use
Source: Employment Relations Today,Other Publications

01 April 1991, New Rights and Protections for Employees
Source: Employment Relations Today,Other Publications

01 April 1991, Managing Work-Force Diversity in the Nineties: The Impact of the Civil Rights Act of 1991
Source: Employee Relations Law Journal,Other Publications

01 January 1991, A Guide to Federal Antidiscrimination Law and Regulations
Source: The New Supervisor's EEO Handbook,Other Publications

News

15 December 2011, Kilpatrick Townsend Attorneys Named 2011 "Legal Elite", News Releases

06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases

22 June 2011, Twenty-Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Business Lawyers, News Releases

13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases

02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases

01 February 2011, Kilpatrick Townsend Wins Pro Bono Law Firm of the Year and Jim Coil Named A Volunteer of the Year, News Releases

13 December 2010, Kilpatrick Stockton Attorneys Named 2010 "Legal Elite", News Releases

24 September 2010, Twenty-Seven Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Business Lawyers, News Releases

12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases

29 June 2010, Kilpatrick Stockton Attorneys Selected as World's Leading Law Practitioners by Prestigious Legal Media Group, News Releases

23 June 2010, Kilpatrick Stockton Again Named Leading Firm for Labor & Employment by Chambers USA 2010, News Releases

14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases

04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases

08 December 2009, Kilpatrick Stockton Attorneys Named 2009 "Legal Elite", News Releases

04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases

15 July 2009, Kilpatrick Stockton Once Again Named Leading Georgia Firm For Labor & Employment By Chambers USA 2009, News Releases

15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases

08 April 2009, Kilpatrick Stockton Attorneys Named to 2009 International Who's Who of Business Lawyers, News Releases

Events

25 March 2011, Sales Exemptions Under the FLSA, Events

01 September 2005, Jumping on the Same Bandwagon, Events

 
ISLN908292194
 

Documents by this lawyer on Martindale.com

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California Legislature Approves Hefty New Penalties for Misclassifying Workers As Independent Contractors
James H. Coil,David C. Lindsay,Corena A. Norris-McCluney, September 27, 2011
The price for erroneously classifying employees as independent contractors in California is likely to go up in a big way. On September 8, 2011, the California legislature passed legislation (Senate Bill 459) prohibiting the willful misclassification of individuals as independent contractors, the...

DOL's Administrative Review Board Continues to Expand Whistleblower Protections Under Sarbanes-Oxley
James H. Coil,Robert G. Hensley,David C. Lindsay,Chuck Rice, September 27, 2011
A recent decision by the U.S. Department of Labor’s Administrative Review Board (the “ARB”) continues the trend of broadening whistleblower protections under the Sarbanes-Oxley Act (“SOX” or the “Act) for employees making reports of certain illegal activities. In...


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Office Information

James H. Coil III
Kilpatrick Townsend & Stockton LLP
Suite 2800, 1100 Peachtree Street
Atlanta, GA 30309-4528




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