Henry R. Chalmers

Partner
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363
404.873.8646 phone
404.873.8647fax

Representative Experience

Fair Credit Reporting Act (FCRA) and Class Action Litigation

  • Currently serving as lead counsel for one of the world's largest consumer reporting agencies in a nationwide FCRA class action lawsuit alleging violations of 15 U.S.C. § 1681c (FCRA Section 605).
  • Currently serving as lead counsel for consumer reporting agencies in a number of individual FCRA cases alleging violations of 15 U.S.C. §§ 1681e, 1681i, and 1681k (FCRA Sections 607, 611, and 613).
  • Currently serving as lead counsel for a large consumer reporting agency handling all indemnification demands received from end users.
  • Served as lead counsel for consumer reporting agencies in several nationwide FCRA class action lawsuits alleging violations of 15 U.S.C. §§ 1681b, 1681e, 1681g, 1681i, and 1681k (FCRA Sections 604, 607, 609, 611, and 613). Developed strategy in one case that led to $3,000 settlement before client had to engage in any discovery or class certification motion practice.
  • Secured a complete defense judgment at trial for the Atlanta Housing Authority in a contract dispute involving a limited liability company that rented property to participants in the Authority’s Housing Choice Voucher program.
  • Represented consumer reporting agency against FCRA class action lawsuit alleging violations of 15 U.S.C. §§ 1681c, 1681e, and 1681g (FCRA Sections 605, 607, and 609).
  • Represented consumer reporting agency against FCRA class action lawsuit alleging violations of 15 U.S.C. §§ 1681b, 1681g, and 1681j (FCRA Sections 604, 609, and 612). Developed strategy that led to $3,000 settlement before client had to engage in any discovery or class certification motion practice.
  • Secured summary judgment, affirmed on appeal, for national bank in lawsuit alleging claims under 15 U.S.C. § 1681s-2 (FCRA Section 623). Defeated petition for writ of certiorari before the United States Supreme Court.

Business and Commercial Litigation

  • Won $3.3 million jury verdict for international retailer, W.H. Smith, after two-week trial against the City of Atlanta and the world’s busiest airport. Secured affirmance of entire verdict on appeal (290 Ga. App. 206, 659 S.E.2d 426). Served as lead counsel at trial and on appeal.
  • Serving as lead counsel for healthcare provider in multi-million dollar lawsuit involving claims of tortious interference, defamation, and Georgia RICO.
  • Serving as lead counsel for client seeking to recoup $1.5 million gift to recalcitrant institutional recipient.
  • Serving as lead counsel for one of the world's largest background screening companies in nationwide, Fair Credit Reporting Act (FCRA) class action.
  • Argued and secured a unanimous ruling from the Georgia Supreme Court for his Washington, D.C.-based public interest client, Campaign for Accountability, reversing a Georgia Court of Appeals decision and establishing broad, new precedent in a case of first impression involving the scope of Georgia’s Open Records Act.
  • Presented a successful amicus brief before the Georgia Court of Appeals on behalf of the Development Authority of Fulton County, affirming the right of private companies to exclude weapons at properties they lease from the government.
  • Successfully represented Fortune 100 company’s emergency response to FTC document request as part of an anti-trust review of an $8 billion merger. Created privilege review strategy and managed team of 25 contract attorneys.
  • Successfully represented municipal housing authority on appeal of trial court ruling that a government policy violated the state and federal Due Process Clauses.
  • Successfully represented one of the nation’s leading universities in an arbitration regarding alleged breach of a multi-million dollar program management agreement. Secured settlement for client.
  • Successfully represented United States subsidiary of German international construction company in dispute with sub-contractor involving construction of Volkswagen automobile manufacturing plant in Chattanooga, Tenn. Secured advantageous settlement for client.
  • Successfully represented leading medical device company in federal court litigation involving claims for breach of an international distribution agreement, fraud, tortious interference, libel, and violations of the Lanham Act, Georgia’s Uniform Deceptive Trade Practices Act, Georgia Trade Secrets Act, and Georgia’s RICO Act. Managed numerous complex electronic discovery issues, including: collection of over 2.3 terabytes of electronic data from approximately 150 custodians; review and categorization of responsive documents by over thirty contract attorneys; and related obligations imposed by court-appointed Discovery Special Master. Secured multi-million dollar settlement for client.
  • Successfully represented Austria’s leading provider of aluminum for the manufacturing industry in action on account against South Carolina company regarding non-payment of invoices for shipments of aluminum products. Secured settlement for client.
  • Successfully represented Colorado check collection and processing company in multi-state litigation concerning alleged breach of, and misrepresentations in, an asset purchase agreement. Secured transfer of lawsuit to client’s home state and eventual settlement of claims.
  • Successfully represented national food distribution company in lawsuit alleging breaches of loan agreement and no-offset agreement. Secured settlement for client.
  • Lead counsel defending corporate and individual trustees against multi-million dollar claims, including breach of fiduciary duty. After contentious discovery and lengthy, multi-day hearing, secured settlement of all claims and clients’ counterclaims, with the opposing parties reimbursing most of clients’ legal fees.
  • Secured $850,000 judgment on behalf of investor against vigorously-defended perpetrator of complex pyramid fraud scheme. Negotiated arrangement with United States Attorney’s office for client to receive 100 percent of all revenue generated, up to amount of judgment, from government’s forfeiture sales of defendant’s properties.
  • Successfully represented insurance company against claims of breach of contract and bad faith involving funeral industry in Hawaii. Convinced insured to dismiss claims without any payments based on aggressive discovery strategy into coverage issues.
  • Successfully represented international sport and wildlife conservation nonprofit corporation against lawsuit involving claims of breach of contract and violation of Georgia’s Fair Business Practices Act. Secured summary judgment for client on all claims, upheld on appeal (307 Ga.App. 136, 706 S.E.2d 84 (Ga. App., 2010)).
  • Represented CEO of publicly-traded medical devices company against lawsuit seeking to prevent him from completing purchase of shares in the opposing party. Secured settlement, with CEO completing purchase and acquisition of all shares.
  • Successfully represented the Housing Authority of the City of Atlanta in numerous disputes regarding its HUD-approved Housing Choice Program.

Appellate Litigation

  • Secured reversal on appeal of trial court ruling that a government policy violated the state and federal Due Process Clauses. The client turned to Henry after the trial court ruling to successfully vindicate its policy on appeal.

Arbitration

  • Most recently served as Chair of three-member arbitration panel, presiding over dispute between borrower and lender involving breach of contract, fraud, negligence, and Bank Holding Company Act anti-tying claims and voluntary payment doctrine issues.
  • Has served as a solo Arbitrator and as part of a three-member arbitration panel, including as Panel Chair, in numerous cases involving a wide-variety of business disputes.
  • Secured reversal on appeal of trial court order that dismissed client’s lawsuit to recoup $1.5 million gift to recalcitrant recipient on res judicata and collateral estoppel grounds.
  • Secured reversal on appeal of trial court order awarding attorneys’ fees pursuant to O.C.G.A. § 9-15-14.
  • Secured appellate affirmance of summary judgment for national bank in lawsuit alleging claims under 15 U.S.C. § 1681s-2 (FCRA Section 623). Defeated petition for writ of certiorari before the United States Supreme Court.
  • Secured appellate affirmance of summary judgment for international sport and wildlife conservation nonprofit corporation against lawsuit involving claims of breach of contract and violation of Georgia’s Fair Business Practices Act.
  • Defeated Petition for Certiorari to United States Supreme Court.