Matthew J. Gilligan

Partner

Location:

Atlanta, GA

Matt Gilligan’s practice focuses exclusively on employment law and litigation. He has successfully defended employers in all types of employment-related litigation, including discrimination and other civil rights cases, wage and hour actions, whistleblower claims, and restrictive covenant matters. He regularly counsels employers on compliance with employment laws, and has extensive experience defending employers in government investigations, including state and federal OSHA investigations and U.S. DOL wage and hour audits.

Before founding Hall, Gilligan, Roberts & Shanlever LLP, Matt was a Partner at Alston & Bird LLP (a national Am Law 100 firm). He is recognized by SuperLawyers® as a “Georgia Super Lawyer” (employment law), by Best Lawyers in America® (employment law), Best Lawyers in Georgia, and by Georgia Trend Magazine’s “Legal Elite.”

Matt is a frequent lecturer on employment law and related human resources topics, and he has published articles on employment law and other legal topics in various national publications.He has been quoted on employment law topics in FORTUNE magazine, CNNMoney.com, FORTUNE Small Business, NYTimes.com, Employment360, BNA’s Workforce Strategies, Thompson’s FMLA Handbook, and Thompson’s Leave & Disability Coordination Handbook.

Matt is a graduate of the U.S. Military Academy (West Point), where he was a Distinguished Cadet (top 5 percent). He received his J.D. from University of Georgia School of Law, where he was Editor-in-Chief of the Georgia Law Review and was elected to the Order of the Coif. He earned a Master of Laws degree (LL.M.) from the U.S. Army Judge Advocate General’s School, where he was Honor Graduate. Matt attended boarding school at Phillips Academy in Andover, Massachusetts.

Matt is a retired Lieutenant Colonel, U.S. Army (JAG Corps). He served 14 years on active duty and 8 in the Army Reserves, first in the combat arms (Infantry) and then as a Judge Advocate in various positions, including litigation attorney and criminal prosecutor in military courts-martial. Matt is a graduate of the U.S. Army Command & General Staff College, he was awarded the Expert Infantryman’s Badge, and was an Airborne- and Air Assault-qualified U.S. Army Ranger.

Matt coaches youth Lacrosse in Milton, Georgia. He is a member of Roswell Presbyterian Church.

Admitted to Practice

Georgia (all courts)
Massachusetts (all courts)
U.S. Supreme Court
U.S. Court of Appeals (4th Circuit)
U.S. Court of Appeals (11th Circuit)
U.S. Court of Military Appeals
U.S. District Court (N.D. Ga.)
U.S. District Court (M.D. Ga.)

Education

University of Georgia School of Law (J.D., 1994)
U.S. Military Academy (West Point) (B.S., 1987)
U.S. Army Judge Advocate General’s School (LL.M., 1999)

Awards and Professional Recognition

Recognized by SuperLawyers® as a “Georgia Super Lawyer” in employment law
Recognized as “Legal Elite” by Georgia Trend Magazine
Recognized by Best Lawyers in America® (employment law)
Recognized by Best Lawyers in Georgia® (employment law)
Rated 10.0 (“Superb”) by Avvo.com

Representative Experience

Obtained complete defense verdict after 5-day jury trial in business defamation case on behalf of nationally acclaimed sports organization.
Obtained summary judgment in first three lawsuits filed as a result of the Atlanta Public Schools “cheating scandal.” Upheld on appeal to Georgia Supreme Court.
Defended company through federal investigations (OSHA, CSB, ATF) related to multi-fatality refinery plant explosion (worst industrial accident in Georgia history) and subsequent litigation with U.S. Department of Labor.
Obtained dismissal of multi-plaintiff race discrimination lawsuit asserted in North Carolina against world’s largest parcel delivery company.
Obtained denial of Rule 23 class certification in contract action by independent contractor drivers against regional motor carrier company.
Successfully defended against OSHA citations in several states, involving various safety and health standards; obtained dismissals of OSHA citations in an employee fatality case, an employee amputation case, and multiple OSHA “whistleblower” cases.
Obtained summary judgment in Sarbanes-Oxley Act whistleblower case against one of largest healthcare services technology companies in U.S. (185-page Order granting summary judgment).
Obtained multiple dismissals of USERRA claims against employers, including two of the world’s largest airlines.
Served as lead counsel on all day-to-day employment matters in North Carolina for world’s largest parcel delivery company.
Litigated multiple cases involving claims for breach of restrictive covenants, breach of fiduciary duties, unfair competition, tortious interference, and trade secret misappropriation.
Successfully defended companies against U.S. Department of Labor Wage & Hour (FLSA) audits and complaint investigations.
Conducted numerous internal investigations of alleged employment law violations, including claims of whistleblower retaliation, harassment/hostile environment, discrimination, and employee fraud/embezzlement.
Negotiated and drafted numerous employment contracts, restrictive covenant agreements, severance packages, independent contractor agreements, and similar documents.

Publications

“FMLA and Benefit Obligations: New Rights Under an Old Mandate,” Benefits Law Journal (Fall 2008).
“Bush Signs New Law to Expand FMLA for Military Family Members,” A+B Labor & Employment Advisory (Jan. 2008).
“Re-employing Disabled Veterans Under USERRA: Statute Imposes More Requirements on Employers than ADA Does,” The National Law Journal (Oct. 23, 2006).
“Returning Disabled Veterans to Work: Employers Obligations Under USERRA,” Reserve Officers Association Law Review (Dec. 2006).
“Department of Labor Publishes Long Awaited Regulations Interpreting USERRA,” Public Safety Labor News (Jan. 2006).
“Curbing OSHA’s Egregious Penalty Policy: OSHRC’s Decision in Ho Case Sets New Course for Commission,” Occupational Health and Safety (Jan. 2004).
“Developments in Safety & Health Law,” Pulp & Paper Assoc. Quarterly Review, several articles on safety & health law, 2002-2005.
“Whistleblower Protection Under Sarbanes-Oxley Act,” A+B Labor & Employment Advisory (Feb. 2002).
“Opening the Gate? An Analysis of Military Law Enforcement Authority Over Civilian Lawbreakers On and Off the Federal Installation,” Military Law Review (Sep. 1999).
“Stalking the Stalker: Developing New Laws the Thwart Those Who Terrorize Others,” Georgia Law Review (Fall 1993).

Speaking Engagements

“Religious Accommodations in the Workplace” (2017)
“Social Media in the Workplace” (2017)
“Overview of USERRA and the Employer’s Compliance Obligations” (2017)
“Criminal Background Checks: Complying with the FCRA and Federal Anti-Discrimination Laws” (2017)
“Drug and Alcohol Testing in the Workplace” (2017)
“Employment Laws in the Small Business Workplace in Georgia & Litigation Avoidance” (2017)
“Overview of USERRA and the Employer’s Compliance Obligations” (2016)
“OSHA 101: The Basics of OSHA Compliance and Litigation” (2015)
“EEOC Overview for 2015″ (2015)
“Litigation Avoidance: Defending Claims of Hostile Work Environment” (2015)
“Managing OSHA Risks and Preparing for an OSHA Compliance Inspection” (2015)
“EEOC Enforcement Priorities for 2015: What They’re Looking For and How to be Ready” (2015)
“FMLA Update: Recent Developments, Changes for Military Families, and Hot Topics for 2010” (2010)
“Equal Employment Law Update and Strategies for Litigation Avoidance” (2009)
“Change is Coming–the Rebirth of Unions: Preparation & Response” (2009)
“FMLA Update: Recent Developments and Hot Topics” (2009)
“Employment Litigation – Significant Issues in 2008” (2008)
“The Uniformed Services Employment and Reemployment Act (USERRA): An overview” (2007)
“Preparing for and Surviving an OSHA Compliance Inspection” (2007)
“Reemploying Disabled Veterans: What You Should Know About Your Obligations” (2007)
“Strategies for Prevention of Employment Litigation” (2006)
“USERRA Law and Litigation update” (2006)
“Conducting Internal Investigations” (2005)
“Managing a Fatality in the Workplace: Strategies for Safety Managers” (2007)
“Preparing for an OSHA Compliance Inspection” (2005)
“The Uniformed Services Employment and Reemployment Rights Act (USERRA): An Overview” (2005)
“Record Retention: What the HR Leader Should Know” (2004)
“Whistleblower Protections Under the Sarbanes-Oxley Act” (2004)
“Workplace Privacy Issues and Workplace Surveillance” (2003)
“OSHA’s New Recordkeeping Rule” (2002)
“Overview of OSHA Standards for General Industry” (2002)
“Litigation Before the OSHA Review Commission” (2002)
“Defending Retaliation Claims Before OSHA” (2002)

Published Court Decisions

In Re Francis Traynor v. Schaeldle Worthington Hyde Properties, LP, 2013 WL3365273 (FINRA) (Jun. 27, 2013)
Wilson v. Beynon Sports Surfaces, 2011 WL 6014666 (N.D. Ga. Dec. 1, 2011)
Lastique Int’l Corp. v. Baker, 2010 WL 3620333 (W.D. Ky. Sep. 13, 2010)
Cherry et al. v. United Parcel Service, Inc., 402 Fed. Appx. 764 (4^th Cir. Nov. 18, 2010)
Cherry et al. v. United Parcel Service, Inc., 2009 WL 8641019 (E.D. NC Sep. 28, 2009)
Gay et al. v. B-H Transfer Co., 652 S.E.2d 200 (Ga. App. 2007)
Bozeman v. Per-Se Technologies et al., 456 F. Supp. 2d 1282 (N.D. Ga. 2006)
Madden v. Protection One, Inc. et al., 358 F. Supp.2d 1218 (N.D. Ga. 2005)

Associations and Memberships

Atlanta Bar Association
Georgia Bar, Section on Labor and Employment Law
Reserve Officers Association of the U.S.
West Point Society of Atlanta
Roswell Business Association
North Fulton Chamber of Commerce