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  David A. Cole
Partner
Direct Dial: 770.818.1287
Fax: 770.937.9960
[email protected]
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David A. Cole is a Partner in the Atlanta office of Freeman Mathis & Gary, LLP (“FMG”).  Mr. Cole is a member of the Labor & Employment Law section and also is the national practice group leader of FMG’s Data Security, Privacy, and Cyber Liability practice group.

In his employment law practice, Mr. Cole represents businesses and local governments in all aspects of employment law and litigation, including discrimination, harassment, and retaliation claims under Title VII and other state and federal discrimination laws; wage and hour claims and collective actions under the Fair Labor Standards Act; Family and Medical Leave Act claims; and claims for breach of contract and violations of restrictive covenants like non-compete, non-solicitation, and confidentiality agreements.  Mr. Cole also specializes in defending local governments in employment litigation under § 1983 for alleged violation of public employees’ constitutional rights.  Beyond litigation, Mr. Cole serves as outside counsel to business owners, human resources professionals, and in-house counsel on issues ranging from the preparation of personnel policies, employment contracts, arbitration agreements, and severance agreements, to advice and counseling on day-to-day personnel issues and best practices.

In his cyber practice, Mr. Cole is the national practice group leader of FMG’s Data Security, Privacy, and Cyber Liability practice group.  In this position, Mr. Cole represents organizations of every size and in every industry in matters including: (1) advising businesses on compliance with U.S. federal and state data security and privacy laws; (2) serving as breach counsel to provide comprehensive assistance in the event of a data security incident, including forensic investigations, customer notification, public relations, and state and federal regulatory investigations; and (3) helping clients proactively prevent and manage data security events through security and privacy assessments, development of written policies and procedures, drafting and negotiation of vendor contracts, and workforce training.  In addition, Mr. Cole’s technology background and legal experience uniquely allow him to defend organizations in Privacy Litigation, such single-plaintiff or class action cases and enforcement actions by government agencies, as well as in business-to-business litigation and other Technology Errors & Omissions (Tech E&O) claims. 

Mr. Cole is a frequent author and speaker on Employer Law and Data Security & Privacy Law issues.  He speaks on a national basis at industry and insurance-related conferences, has been featured on television, and quoted in multiple publications for his expertise within his practice areas.  He was recently selected for the third time as a Georgia Super Lawyers "Rising Star" as published by Atlanta Magazine, and in 2014 was selected as one of the "Top 20 Rising Stars Under 40" by Cobb Life Magazine and the Cobb Business Journal.  He is a former Chair of the Employment Law Committee for the Georgia Defense Lawyer’s Association, a member of the CLM Technology Law committee and Employment Practices Liability committee, and serves on the Executive Board of the Atlanta Chapter of the Federal Bar Association.  Mr. Cole is the former Chair of the Labor and Employment Law Section of The State Bar of Georgia, Young Lawyer's Division, and a past president of the Cobb County Bar Association’s Young Lawyer’s Division. Mr. Cole also is a graduate of the 2010-2011 class of Leadership Cobb, and currently serves on the Board of Directors of the Cobb Chamber of Commerce.

Mr. Cole received his undergraduate degree in Business Administration from the University of Washington, magna cum laude, with a concentration in Computer Information Systems. He then received his Juris Doctor degree from Wake Forest University School of Law, where he was a member of the National Moot Court team and Student Trial Bar, and was selected to the National Order of Barristers.

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