Charles "Charlie" A. Hawkins

Partner

Atlanta
Business Phone: 404.885.3091
Business Fax: 404.962.6885

charlie.hawkins@troutmansanders.com

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Charlie is a partner with more than 20 years of experience in labor and employment law, emphasizing employment-related litigation throughout the United States.  Charlie has tried cases or orally argued appeals in Georgia, Florida, Texas, Washington, Iowa, Massachusetts, Maryland and Tennessee, and litigated cases short of trial in more than a dozen other states.  The majority of Charlie's practice focuses on restrictive covenants, trade secret theft, employee raiding and other forms of unfair competition that involve the employment relationship.  He represents a broad range of clients in such matters, from Fortune 500 companies to entrepreneurs in bet-the-company litigation.  He also has extensive experience defending employers in discrimination and harassment claims, wrongful termination, and claimed violations of wage-hour and employee benefits laws.  Outside the courtroom, Charlie regularly helps clients comply with the maze of federal and state employment laws, as well as implement enforceable restrictive covenants and other employment contracts.

Recent Speaking Engagements
Top 10 Mistakes Employers Make.

Emerging Trends in Georgia Restrictive Covenant Law (for the law clerks and judges of the Georgia Supreme Court and Court of Appeals).

Anti-Harassment Law: It's Not Just for Women Any More.

Witness Interviews and Expert Witnesses.

What to do When A Big Fish Leaves the Pond -- Lessons from Microsoft v. Google.

The Impact of Social and Business Networking Sites on the Workplace.

The Interaction of the ADA, FMLA and Workmen's Compensation Laws.

Restrictive Covenants: Making Sure Parting Means Never Having to Say You're Sorry.

Restrictive Covenants in Employment Agreements.

Effective Mediation Techniques.

Representative Experience
Enforced non-competition agreement and obtained injunction against departing employees who were starting a competing business on behalf of a national provider of business support services.

Obtained judgment declaring restrictive covenants invalid on behalf of a group of financial consultants starting a new business, including coordination of successful defense to related lawsuit in Texas.

Regularly advises employers and individuals on the drafting and enforcement of non-competition, non-solicitation, confidentiality and non-recruiting agreements, including strategies to solve problems posed when such agreements are used in multiple jurisdictions.

Negotiated release of individual from restrictive covenant agreement after commencing litigation to enable him to start an event production company.

Won a defense verdict in a federal jury trial in Atlanta on behalf of Cable News Network, Inc., and Turner Broadcasting System, Inc., against a former CNN news anchor who claimed that her contract was not renewed because of age and race discrimination.  Kolbe v. Cable News Network, Inc., et al., Case No. 1:03-CV-2650 (U.S.D.C. N.D. Ga. 2007).

National employment counsel to Atlanta-based Gravograph New Hermes, Inc., the nation's largest distributor of engraving equipment and supplies. Successfully tried theft claims in Tacoma, Washington against former salesperson who converted equipment and defended employee's wage-hour claims; affirmed on appeal. New Hermes, Inc. v. Adams, 2005 Wash. App. LEXIS 167, 55 U.C.C. Rep. Serv. 2d (Callaghan) (2005).

Employment litigation counsel to WellStar Health System, which operates five hospitals and a number of other medical facilities in Northwest Atlanta. Won summary judgment in age, sexual harassment and race discrimination cases. Tidwell-Williams v. WellStar Health System, Inc., 1998 U.S. Dist. LEXIS 23134, 77 Empl. Prac. Dec. (CCH) P46,265 (N.D. Ga. 1998); Addison v. Moshev and Cobb WellStar Hospital, 2003 U.S. Dist. LEXIS 26533 (N.D. Ga. 2003); Moore v. WellStar Health System, Inc., 2005 U.S. Dist. Lexis 21321 (N.D. Ga. 2005).

General Employment Counsel to Pohanka Auto Group, which operates more than 20 retail automobile franchises in Maryland and Northern Virginia. Won a sex discrimination jury trial for Pohanka in Greenbelt, Maryland and summary judgment in a reverse-sex harassment case in Alexandria, Virginia. English v. Pohanka of Chantilly, 190 F. Supp. 2d 833 (E.D. Va. 2002).

Won a jury verdict for Cognisa, Inc. in Memphis, Tennessee, where plaintiff alleged that his dwarfism constituted a disability protected by the Americans with Disabilities Act.

Won a jury verdict in favor of St. Joe Paper Co. against two plaintiffs alleging race discrimination in promotions in Panama City, Florida. Won a bench verdict for the same employer in a single-plaintiff termination race case. Helped obtain dissolution of consent decree against St. Joe by successfully arguing that circumstances had changed since decree was entered.

Counsel to Fleetwood Homes, a leading manufacturer of housing and recreational vehicles, on a regional basis in employment discrimination litigation. Won summary judgment in pregnancy discrimination case brought by factory worker in Brunswick, Georgia. Sermons v. Fleetwood Homes of Georgia, 227 F. Supp. 2d 1368 (S.D. Ga. 2002).

Won directed verdict for ADT Security Services in trial of overtime pay case in Atlanta and summary judgments in disability and race cases.

Won a jury verdict on behalf of the University of Miami in case involving sex and disability discrimination and sexual harassment claims, followed by a judgment against Plaintiff for approximately $150,000 in costs and attorneys' fees.

Convinced the Massachusetts Supreme Court that the state's anti-discrimination law should be the exclusive remedy for alleged age discrimination; dismissal of untimely discrimination charge and timely state law tort claims covering the same conduct affirmed. Charland v. Muzi Motors, 631 N.E.2d 555, 64 F.E.P. 1629 (Mass. 1994). 

Other Distinctions
Ranked in Labor & Employment Georgia in 2010 edition of Chambers USA 

Charlie has been selected as a Georgia "Super Lawyer" by Law & Politics and Atlanta Magazine for eight consecutive years since that honor began in 2004, and has also been named multiple times to Georgia Trend's "Legal Elite." 

Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards (AV)

Work Experience
Partner, Troutman Sanders LLP, 2000-present
Partner, Fisher & Phillips LLP, 1994-2000
Associate, Fisher & Phillips LLP, 1987-1993

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Education

  • University of Florida, J.D., 1986
    Member, Moot Court Team
    Elected to the Order of Barristers
  • Stetson University, B.S., 1984


Bar Admissions

  • Georgia
  • Florida


Memberships

  • Member, Labor and Employment Law Section, State Bar of Georgia
  • Board Member, Spruill Center for the Arts, Dunwoody, Georgia, 1999-present (President, 2003-2004; Vice-President, 2002 & 2008-2010; Treasurer, 2001)