Frank is a traditional labor lawyer, certified mediator and employment litigator who has arbitrated, litigated, tried or settled more than 250 cases. He has successfully argued cases on behalf of employers in nine of the twelve federal Circuit Courts of Appeal and was counsel of record in Hertz v. Friend, a 9-0 victory for employers in the United States Supreme Court. He has defeated class and collective action certifications in multiple matters and secured summary judgement dismissals in more than 100 cases. Considering his roots as a former trial attorney for the NLRB, and then as an attorney representing Unions and employees, he understands the economic toll litigation can take on parties and focuses on trying to end disputes quickly and in a cost-effective manner. But, if that cannot be achieved, he knows how to end them via litigation. Frank joined Constangy in 1992, quickly became a Managing Member in 1994 and currently co-chairs our Litigation Section in Atlanta.
Honors & Recognitions
- Recognized in The Best Lawyers in America® for Employment Law Management, Labor Law - Management, and Litigation - Labor & Employment (1989-2022, 2024)
- Recognized as a Georgia Super Lawyer by Super Lawyers (2004-2018)
Martindale-Hubbell AV Preeminent® Peer Rated for Highest Level of Professional Excellence
Professional & Civic Associations
- American Bar Association
- Georgia Bar Association, Labor and Employment Section
- North American Transportation Employee Relations Association
- Appointed by Governor Joe Frank Harris to serve as Special Master in employment disputes involving public employees
- Emory Law School, Adjunct Professor teaching Labor and Employment law classes
Frank is an avid reader of novels by Clive Cussler, Stephen Berry and, on a much lighter note, Dave Barry. Having been raised in Baltimore when the Colts were king, he purchased season tickets to the Atlanta Falcons in 1978 and has held them ever since. Loyalty is part of his DNA.
- Counsel of record in the case in which the Supreme Court of the United States held that a corporation’s principal place of business for purposes of establishing diversity jurisdiction was the location of its corporate headquarters. The 9-0 opinion put an end to federal district courts in California remanding Class Action Fairness cases to state court based on a finding that a corporation’s principal place of business was in California, and not in the state where its headquarters were located, because the corporation had more employees and revenue in California compared to any other state.
- Counsel of record in a case in which the Sixth Circuit Court of Appeals held that dock workers tasked with the safe loading of freight were exempt from the overtime requirements of the FLSA and affirming the grant of summary judgment by the district court. An opinion he used 10 years later to end a similar case before it ever got into discovery.
- Counsel of record in multiple cases in California and New York in which class and collective action certification was denied by a federal district court and affirmed by either the Ninth or Second Circuit Courts of Appeal.
- Counsel of record in three actions filed against employers by the Equal Employment Opportunity Commission. Two were dismissed on summary judgment in favor of the employer and the third was dismissed by agreeing to buy a set of hearing aids for a young child. The latter being an example of Frank’s focus on ending litigation quickly and in a cost-effective manner.
News & Analysis
Client Presentations & Firm Publications
- Virtual Event
- “Luck is the residue of design.”
- Branch Rickey, Major League Baseball Executive
- Traditional Labor Law
- Labor Arbitration
- NLRB Litigation
- Employee Benefits Litigation
- Wage and Hour Litigation
- Sexual Harassment Investigations and Defense
- Employment Litigation (state and federal courts)
- FMLA Compliance
- ADA Compliance
Emory University School of Law
- J.D., with distinction, 1976
University of Maryland
- B.A., History, cum laude, 1973
- Phi Beta Kappa
Bar & Court Admissions
- Georgia, 1979