Henry D. Fellows, Jr.
Fellows LaBriola LLP
233 Peachtree Street NE,
Suite 2400, Harris Tower
Atlanta, GA 30303
Henry D. (“Hank”) Fellows, Jr., is an av-rated trial lawyer who was inducted as a Fellow of the American College of Trial Lawyers in 2007. The membership of the College cannot exceed one (1) percent of the total lawyer population of any State. He is listed in both The Best Lawyers in America and Chambers USA for the practice area of Commercial Litigation.
For the fourteenth consecutive year, Mr. Fellows has been voted by his peers as one of the Top 10 Super Lawyers for the State of Georgia. Mr. Fellows’ practice has been devoted to complex business litigation for forty-two (42) years. He is a founding partner of Fellows LaBriola LLP, a trial and litigation firm which celebrated its 29th anniversary in January, 2022.
Mr. Fellows has successfully tried cases in numerous Georgia Superior and State Courts and in the U.S. District Courts for the Northern and Middle Districts of Georgia. In addition, he has successfully argued cases before the Georgia Supreme Court, the Georgia Court of Appeals, and the U.S. Court of Appeals for the Eleventh Circuit.
Mr. Fellows represents businesses, corporations, partnerships and individuals in commercial contract disputes; fraud and RICO cases; Georgia Trade Secrets Act cases; commercial arbitrations; computer fraud and theft cases brought under the federal Computer Fraud and Abuse Act and the Georgia Computer Systems Protection Act; employment cases involving restrictive covenants; employee, officer, and director terminations; the defense of age, sex and race discrimination claims; ERISA cases; securities arbitration cases; breach of fiduciary duty cases; partnership and shareholder disputes involving closely held companies; shareholder derivative actions; estate and trust litigation; asset purchase and sale agreement disputes; embezzlement and conversion cases; business valuation disputes; securities cases; antitrust cases; business tort cases; insurance coverage disputes; accountant and attorney malpractice cases; patent infringement, trademark and trade dress cases; Lanham Act cases; personal injury and wrongful death cases; and real estate cases, including commercial lease disputes, easement claims, condemnation actions, and zoning matters.
Mr. Fellows obtained his B.S. degree in business administration from Bucknell University in 1975. He earned his law degree from Georgetown University Law Center in 1978 and served as an Editor of The Georgetown Law Journal. He currently serves as an emeritus member of the Georgetown Law Alumni Board. Mr. Fellows also serves as a Special Master for the U.S. District Court for the Northern District of Georgia and the Fulton County Superior Court, State of Georgia. Mr. Fellows formerly served as the general counsel of the Fulton Industrial Business Association and also served on the Board of Directors of the Atlanta Chapter of the Industrial Relations Research Association.
- In Chemence Medical Products, Inc. v. Medline Industries, Inc., 119 F.Supp.3d 1376 (N.D. Ga. 2015), Mr. Fellows served as lead counsel to Medline Industries, Inc., the largest distributor of healthcare products and supplies in the United States. By Order entered on February 12, 2015, the U.S. District Court for the Northern District of Georgia granted Medline’s motion for summary judgment as to all the claims of Chemence Medical Products, Inc., the plaintiff and a manufacturer of surgical medical adhesives. Chemence sought damages in excess of $300 million.
- In an earlier Order entered in Chemence Medical Products, Inc. v. Medline Industries, Inc., 989 F.Supp.2d 1349 (N.D. Ga. 2013), the U.S. District Court for the Northern District of Georgia granted Medline’s motion for partial judgment on the pleadings and established the legal precedent that the medical device excise tax contained in the Affordable Care Act applies only to manufacturers of medical products and not distributors of medical products.
- In Elavon, Inc. v. Wachovia Bank, N.A. et al., 841 F.Supp.2d 1298 (N.D. Ga. 2011), Mr. Fellows served as co-counsel to Elavon, Inc., a provider of credit/debit card charge processing services, in a breach of contract action against Wachovia Bank, N.A., and Wells Fargo Bank. The U.S. District Court for the Northern District of Georgia granted Elavon’s motion for summary judgment and denied the Banks’ motion for summary judgment as to the contract claims and defenses. The parties settled the case during late 2011 shortly before trial.
- In Scott v. Roberts, 612 F.3d 1279 (11th Cir. 2010), Mr. Fellows served as co-counsel to a Florida gubernatorial candidate in a successful appeal before the U.S. Court of Appeals for the Eleventh Circuit. The Eleventh Circuit reversed the U.S. District Court and granted a preliminary injunction blocking enforcement of an excess spending subsidy provision of the Florida Campaign Financing Act.
- In Maples v. UHS of Georgia, Inc., d/b/a Peachford Hospital, 716 F.Supp.2d 1266 (N.D. Ga. 2010), Mr. Fellows served as the lead counsel in the successful defense of Peachford Hospital in an age-discrimination case brought by a former employee of the hospital. Mr. Fellows obtained a summary judgment on behalf of the hospital.
- In Lowdon Pty Ltd. v. Westminster Ceramics, LLC, 534 F.Supp.2d 1354 (N.D. Ga. 2008), Mr. Fellows successfully defended Westminster Ceramics, LLC, in a commercial dispute in which the Australian plaintiff was seeking more than $2.5 million in liquidated damages from Westminster Ceramics, LLC. Westminster Ceramics, LLC, asserted a counterclaim against Lowdon Pty Ltd. and its foreign individual owners for aiding and abetting the breach of fiduciary duties, violations of the Georgia Trade Secrets Act, and other business torts.
The Firm’s attorneys enjoy long-term relationships with numerous clients by helping them anticipate and avoid legal problems and disputes. The Firm philosophy unites a commitment to quality representation with a dedication to personal attention and service. The Firm believes in taking a proactive approach in counseling its clients to enable them to meet current and future legal challenges.