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Lawyer Profile

Image of Benton J. Mathis, Jr.

Benton J. Mathis, Jr.

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Freeman Mathis & Gary LLP
  • Recognized Since:
    2012
  • Recognized in:
    Commercial Litigation
    Employment Law - Management...
  • Law School:
    Washington and Lee University
  • Lawyer Page:
    https://www.fmglaw.com/attorne...
  • Website:
    http://www.fmglaw.com
  • Phone Number:
    (770) 818.1402
  • E-mail:
    bmathis@fmglaw.com
  • Location:
    100 Galleria Parkway, Suite 1600
    Atlanta, GA 30339-5948
  • LinkedIn
"Ben exercises the absolute highest ethical and substantive standards and recognizes the importance of regular client communication. He also takes a practical approach to handling his cases. "
"Benton Mathis is highly professional and represents his clients in a manner that is second to none. He is extremely well prepared and is an attorney with the unique ability to prognositicate judicial rulings on the most complex cases."
  • Lawyer Bio
  • Client Comments
  • Firm Details
  • Case History

Lawyer Bio

Ben Mathis is the Managing Partner of Freeman Mathis & Gary, LLP. He also leads the Firm's Labor & Employment National Practice Section. His practice also includes commercial litigation and directors and officers defense. He has practiced throughout the country and has been lead counsel in cases in 45 states.

Mr. Mathis has been selected one of the "Premier Top 100 Trial Attorneys in the State of Georgia" by the American Academy of Trial Attorneys. He ‎has been named the "Atlanta Lawyer of the Year for Labor and Employment Law-Management" by Best Lawyers in America, a Georgia "Super Lawyer" by Atlanta Magazine, a Georgia "Legal Elite" by Georgia Trend Magazine, one of Georgia's "Top Rated Lawyers" by the Atlanta-Journal Constitution, a Leading Lawyer by Chambers USA, and a “Star Litigator” by Benchmark Litigation.

He was nominated by the Speaker of the United States House of Representatives and was selected as a defense representative to the Federal Rulemaking Advisory Committee in Washington, D.C. He has testified before United States Senate and House Committees on multiple occasions as a legal expert on pending legislation. He also has served as Special Assistant Attorney General for the State of Georgia.

Mr. Mathis has tried cases throughout the country for three decades including jury trials, bench trials, and arbitrations, as well as handling injunctions, representation and ULP matters. His appellate practice includes cases before many of the federal appellate courts (2nd, 5th, 7th, 8th, 9th, 10th and 11th circuits), as well as the Georgia Court of Appeals and the Georgia Supreme Court.

He has defended employers in virtually every type of employment law case including hundreds of individual, collective and class action state and federal lawsuits. His Directors and Officers practice includes suits under the False Claims Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act, RICO, Fair Business Practice Act, ERISA and non-ERISA fiduciary actions, shareholder derivative suits, breach of fiduciary duty claims, restrictive covenant, trade secret and confidential business information suits and many other business law and partnership disputes.

Mr. Mathis has a distinguished record of leadership in law and business groups, both nationally and in Georgia. He has served the Bar as President of the Federal Bar Association, Atlanta Chapter; Chairman of the Employment Section of DRI, the nation's largest defense bar association; President of the Professional Liability Attorney Network (PLAN), a group of the country's preeminent professional liability law firms; and Vice-Chair of the Civil Rights Section of the Federation of Defense and Corporate Counsel (FDCC), a select, invitation-only group of the nation's leading defense attorneys.

His civic service includes Chairman of the Cobb County Chamber of Commerce and member of the Board of Directors for the Georgia Chamber of Commerce. He has served as Chair of the Board of Trustees for the Georgia Tech Alumni Association, a Trustee of the Georgia Tech Foundation, and a member of the Board of Advisors for Georgia Tech's Scheller College of Business. He also was a member of the Executive Cabinet of the United Way of Cobb, and he is a long-time member of the Atlanta Lawyers Club.

Mr. Mathis is a recipient of the Outstanding Volunteer Award by the Georgia Tech Alumni Association, the Dedicated Service Award by DRI, Outstanding Board Member by the Cobb Chamber, and the "Good Guy" award by the Georgia Chamber.

Mr. Mathis received his undergraduate degree from the Georgia Institute of Technology (B.S. in Management, with honor) and his law degree from the Washington & Lee School of Law (J.D., cum laude), where he was a member of the Law Review.

He is married to Mary Anne Ackourey and has four children, Ben, Joe, Annabelle and Patty.

Read more on firm website
  • Education
  • Bar & Court Admissions
  • Affiliations
  • Award List
  • Clerkships
  • Additional Information
  • Lawyer of the Year Badge

Education:

  • Georgia Institute of Technology, B.S.
  • Washington and Lee University , J.D.

Bar Admissions:

  • Georgia, 1984
  • District of Columbia, 1991
 

Court Admissions:

  • U.S. Supreme Court
  • U.S. District Court Northern District of Georgia
  • U.S. District Court Middle District of Georgia
  • U.S. District Court Southern District of Georgia
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 7th Circuit
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 10th Circuit
  • U.S. Court of Appeals 11th Circuit

Affiliations:

  • American Bar Association - Member, Sections on Labor and Employment Law Litigation; Sub-Committee on NLRA Practice and Procedure
  • Cobb County Chamber of Commerce - Chairman, Board of Directors, Chairman's Club, Outstanding Board Member Award
  • District of Columbia Bar - Member
  • DRI - Defense Research Institute - Chair, Employment Law Committee, Dedicated Service Award
  • Equal Employment Opportunity Commission - Defense Representative, Rulemaking Advisory Committee, Washington D.C.
  • Federal Bar Association - President, Atlanta Chapter, Executive Committee
  • Federation of Defense and Corporate Counsel - Vice-Chair, Employment Section and Civil Rights Section
  • Georgia Chamber of Commerce - Board of Directors
  • Georgia Defense Lawyers Association - Member
  • Georgia Tech Alumni Association - Chair, Board of Trustees, Executive Committee, Outstanding Volunteer Award
  • Lawyers Club of Atlanta - Member
  • PLAN - Professional Liability Attorney Network - President, Executive Committee
  • State Bar of Georgia - Member
  • United Way - Cobb Executive Cabinet

Named "Lawyer of the Year" by Best Lawyers for:

  • Labor Law - Management, Atlanta (2015)
 

Recognized in The Best Lawyers in America for work in:

  • Commercial Litigation
  • Employment Law - Management
  • Labor Law - Management
 

Awards:

  • Premier Top 100 Trial Attorneys in the State of Georgia - American Academy of Trial Attorneys
  • Dedicated Service Award, DRI Employment Law Committee
  • Good Guy Award- Georgia Chamber of Commerce
  • Outstanding Volunteer- Georgia Tech Alumni Association
  • Outstanding Board Member- Cobb Chamber of Commerce
  • Leading Lawyer - Chambers USA
  • Top Rated Lawyer - Atlanta-Journal Constitution
  • Legal Elite - Georgia Trend Magazine
  • Star Litigator - Benchmark Litigation
  • Business Law Super Lawyers
  • Georgia Super Lawyers 
  • Atlanta Lawyer of the Year, Labor and Employment Law- Management-Best Lawyers in America
  • Best Lawyers in America 
  • Premier Top 100 Trial Attorneys in the State of Georgia - American Academy of Trial Attorneys

Federal Clerkships:

  • Magistrate Judicial Clerkships

Special Focus:

  • Employment
 

Lawyer Client Comments

"Ben exercises the absolute highest ethical and substantive standards and recognizes the importance of regular client communication. He also takes a practical approach to handling his cases. "

"Benton Mathis is highly professional and represents his clients in a manner that is second to none. He is extremely well prepared and is an attorney with the unique ability to prognositicate judicial rulings on the most complex cases."

Firm Details

Image for Freeman Mathis & Gary LLP View Firm Profile
Freeman Mathis & Gary LLP
http://www.fmglaw.com
 
Headquarters
100 Galleria Parkway, Suite 1600
Atlanta, GA 30339-5948
(770) 818.0000
21 Office Locations
in 1 Country

United States

United States

California

California

El Segundo, CA

400 Continental Boulevard, Sixth Floor

El Segundo, CA 90245

United States

(310) 937.2066

Get Directions

Los Angeles, CA

550 South Hope Street. Suite 2200

Los Angeles, CA 90071-2631

United States

(231) 615.7000

Get Directions

Roseville, CA

1013 Galleria Boulevard, Suite 250

Roseville, CA 95678-1365

United States

(916) 472.3300

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San Diego, CA

225 Broadway, Suite 1460

San Diego, CA 92101-5052

United States

(619) 687.3000

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San Francisco, CA

44 Montgomery Street, Suite 3580

San Francisco, CA 94104-6702

United States

(415) 627.9000

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San Rafael, CA

1010 B Street, Suite 300

San Rafael, CA 94901-2592

United States

(415) 394.9500

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Seal Beach, CA

3030 Old Ranch Parkway, Suite 280

Seal Beach, CA 90740-2713

United States

(562) 583.2124

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Connecticut

Connecticut

Hartford, CT

CityPlace II, Sixth Floor

185 Asylum Street

Hartford, CT 06103

United States

(860) 785.5025

Get Directions

New Haven, CT

157 Church Street, 19th Floor

New Haven, CT 06510-2100

United States

(508) 254.3818

Get Directions

Florida

Florida

Tampa, FL

2502 North Rocky Point Drive, Suite 860

Tampa, FL 33607-1447

United States

(813) 774.6363

Get Directions

Georgia

Georgia

Forest Park, GA

661 Forest Parkway, Suite E

Forest Park, GA 30297-2256

United States

(404) 366.1000

Get Directions

Savannah, GA

100 Bull Street, Suite 200

Savannah, GA 31401-3305

United States

(912) 421.3100

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Kentucky

Kentucky

Lexington, KY

2525 Harrodsburg Road Suite 500

Lexington, KY 40504-3359

United States

(859) 410.7868

Get Directions

Massachusetts

Massachusetts

Boston, MA

60 State Street, Suite 600

Boston, MA 02109-1800

United States

(617) 963.5975

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New Jersey

New Jersey

Cherry Hill, NJ

Three Executive Campus, Suite 350

Cherry Hill, NJ 08002-4114

United States

(856) 324.8200

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Newark, NJ

One Gateway Center, Suite 2600

Newark, NJ 07102

United States

(201) 248.1066

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New York

New York

New York, NY

Five Penn Plaza, 23rd Floor

New York, NY 10001-1810

United States

(212) 835.1612

Get Directions

Pennsylvania

Pennsylvania

Cranberry Township, PA

2009 Mackenzie Way, Suite 100

Cranberry Township, PA 16066-5338

United States

(724) 720.9413

Get Directions

Philadelphia, PA

1800 John F. Kennedy Boulevard, Suite 1500

Philadelphia, PA 19103-7401

United States

(267) 758.6009

Get Directions

Rhode Island

Rhode Island

Providence, RI

10 Dorrance Street, Suite 700

Providence, RI 02903-2014

United States

(401) 519.3724

Get Directions

Lawyer Case History

Smith, et al. v Paulding County

United States District Court, Northern District of Georgia-  Ben Mathis successfully represented the employer in a class claim by over 400 employees claiming unlawful pay practices. The employer prevailed at the class certification stage, and ultimately we obtained a complete dismissal of all claims. 

Reich v Chicago Title Insurance Company

United States District Court, District of Kansas - Ben Mathis represented the employer in this collective action by the U.S. Department of Labor seeking unpaid overtime for a class of over 200 employees the company contended were exempt. The DOL sought time-and-a-half for all workers and the company successfully contended, among other things, that the employees were entitled to the half-time payment method for salaried employees. The company also prevailed on the DOL's claim for liquidated damages. 

Gomez, et al. v United Forming

United States District Court, Middle District of Florida- Ben Mathis and Mary Anne Ackourey represented a large, national concrete forming company in collective action for unlawful pay practices. In a rare success for employers opposing conditional certification of the class. The company prevailed on this claim, and the case was ultimately dismissed. The court's decision is reported at 2009 WL 3367165. 

Pickett, et. al. v Dekalb County

United States District of Court, Northern District of Georgia- Ben Mathis and Dana Maine successfully defended this class action claim for unpaid overtime by over 500 employees. In a case of first impression regarding the interplay of the public safety exemption under the FLSA, our client prevailed on all claims. The court's decision is reported at 276 F.Supp.2d 1265. 

Wreyford v Citizens for Transportation Mobility

United States District Court, Northern District of Georgia- Ben Mathis and Marty Heller represented the advocacy organization that allegedly violated the Telephone Consumers Protection Act by making unlawful calls in the T-SPLOST statewide referendum. The plaintiffs sought certification of a class of over 2000 affected individuals. After challenging the constitutionality of the statute's application, the case resolved on highly favorable terms to our client. The case is is reported at 957 F.Supp.2d 1378.

Harris v Liberty Communication Management, Inc

United States District Court, Northern District of Georgia- Ben Mathis and Bill Buechner prevailed in this class claim under the Fair Debt Collections Practice Act and the Georgia Fair Business Practices Act. The plaintiffs contended the company engaged in systematic unlawful collection practices. Our client prevailed on all claims at the lower court and the decision was upheld by the Eleventh Circuit. The appellate decision in this case is reported at 702 F.3d 1298. 

Foster v Swinney

Georgia Court of Appeals- Ben Mathis prevailed in this case of first impression under involving a suit for invasion of privacy after the employer mistakenly disclosed the results of an employee drug test. The decision is reported at 588 S.E. 2d 307.

Broughton v. Douglas County Board of Elections

Supreme Court of Georgia- Ben Mathis represented the employer in this appeal of dismissal of a voting law challenge. The losing candidate in the election for Chairman of the Board of Commissioners of Douglas County sued contending the election should have been overturned for various election irregularities. After oral argument, the Supreme Court quickly ruled that our client's lower court victory was affirmed on all claims. The decision is reported at 690 SE 2d 141, 286 GA 523. 

Chesser v Sparks

United States Court of Appeals for the Eleventh Circuit- Ben Mathis obtained reversal of the lower court in this claim for violation of constitutional rights by a former employee. The case was dismissed in favor of our client following the appellate decision which is reported at 248 F. 3d 1117. 

Anderson v Burke County

United States Court of Appeals for the Eleventh Circuit- Ben Mathis represented employer in gender discrimination claim by former employee. The Court of Appeals reversed the lower court and dismissed all claims. The decision is reported at 239 F.3d 1216. 

Johnson v. AGCO Corp.

United States Court of Appeals for the Eighth Circuit- Ben Mathis represented the employer in an appeal on behalf of an individual employee represented by the United Steelworkers. The case arose out of the dismissal of a claim in federal district court based upon an arbitration in which the employer prevailed. The decision is reported at 159 F.3d 1114. 

Grottokau v. Skyclimber, Inc.

United States Court of Appeals for the Seventh Circuit- Ben Mathis and Chris Parker represented the employer in this appeal of a judgment in our client's favor in the lower court in a Title VII discrimination claim. The decision is reported at 79 F.3d 70. 

Holbrook v City of Alpharetta

United States Court of Appeals for the Eleventh Circuit- Ben Mathis successfully represented the employer in this case of first impression involving an employer's right to discontinue an accommodation previously provided to a disabled employee. This decision has been cited in dozens of other cases by many circuit courts and established highly favorable precedent regarding an employer's discretion to stop prior accommodations based on change in management or different job circumstances. The decision is reported at 112 F.3d 1522. 

Kuritzky v Emory Universit

Georgia Court of Appeals - Ben Mathis and Mary Anne Ackourey represented the Emory Medical School in this suit for breach of contract by a former student expelled for misconduct. After obtaining dismissal of case in the lower court, the Georgia Court of Appeals upheld judgment in favor of the University in an important decision for Georgia schools regarding their enforcement of judicial and academic procedures. The decision is reported at 294 Ga. App. 370. 

Montero v AGCO Corporation

United States Court of Appeals for the Ninth Circuit- Ben Mathis and Mary Anne Ackourey prevailed in appeal by female employee claiming unlawful sexual harassment. This landmark case was the first successful appeal in which an employer prevailed in the Ninth Circuit on the Farragher affirmative defense in a Title VII harassment suit. This case is reported at 192 F.3d 856. 

Stevenson v. Watkins Motor Lines, Inc

Ben Mathis was co-counsel in this federal jury trial in the Central District Court of California (Los Angeles). The plaintiff contended he was wrongfully terminated in violation of public policy and California statutory prohibitions. The trial lasted 19 days, and our client received a favorable verdict over $800,000 less than the final demand at trial. 

Tom James v Benchmade Clothing and Morgan et. al

This case involved claims for breach of non-competition and confidentiality obligations by employees who had started a competing business. Ben Mathis and Brad Adler represented the start-up company and its executives. Venue for this case was federal district court in Atlanta. The opposing party sought over $600,000 in alleged damages.  After an 8 day bench trial, our clients prevailed on virtually all claims, and the actual damages recovered by the plaintiff were only $500. 

United Steelworkers v AGCO Corporation

Kansas was the venue for this case brought by a union and representative employee claiming that a class of over 600 employees was unlawfully denied sick pay. The union contended that the company breached express contractual obligations and binding past practices. Ben Mathis tried the case and our client prevailed on all claims. 

Sparks v Douglas County

Ben Mathis and Mary Anne Ackourey tried this case for age and race discrimination and retaliation in a 4 day bench trial in federal court. The verdict was in favor of our client on all claims. The court ultimately ordered the plaintiff to pay $50,000 in damages and fees to our client. 

Pellon v Holsum Bakery

Venue of this case was in Charlotte, North Carolina. Ben Mathis successfully tried this arbitration claim by a former employee terminated for poor performance who claimed unlawful discrimination and breach of contract. The company prevailed on all claims. 

Perez v Interstate Brands Corporation

This case was successfully tried in Miami, Florida by Ben Mathis. It involved a breach of contract claim by a former employee terminated for misconduct. The company prevailed on all claims. 

Towe v Mainfreight, Inc

This case involved a breach of contract and bad faith termination claim by a former division president of a large, national freight brokerage company. The plaintiff sought over 5 million dollars in economic damages alone. Ben Mathis and David Cole represented the employer. Following a 5 day trial in arbitration, our client received a defense verdict prevailing on all claims. 

Beckmann, et. al and EEOC v Attorney Title Insurance Company

Ben Mathis was retained after conclusion of discovery for trial of this 3 plaintiff claim for unlawful termination and pay practices. The EEOC also intervened on behalf of the plaintiffs. After a 10 day trial in federal court in Orlando, the jury found in favor of our client on all claims. 

Springer v Chicago Title

Ben Mathis represented the company in an age discrimination suit in federal court in the Middle District of Florida. The case involved a Senior Executive terminated for unsatisfactory performance. Following a 6 day trial, the jury deadlocked at 11-1 in favor of the company. Prior to trial, the plaintiff's final demand was $850,000. After trial, the case resolved for less than $10,000. 

Bostick v Swatch

Ben Mathis and Mary Anne Ackourey won this Title VII and EPA claim by the former Vice President of sales. The plaintiff contended that she and other women were paid less than similarly situated men and that she was terminated in retaliation for complaining of unlawful treatment. After a 21 day trial in New York City, our client obtained a verdict on all claims. 

Fraternal Order of Police v City of Smyrna

Ben Mathis successfully tried this lawsuit brought by the FOP and eight individual plaintiffs who claimed unlawful pay practices and job conditions on the basis of age. The plaintiff's demand immediately prior to trial was over 1.4 million dollars. After a 7 day trial, the jury returned a defense verdict on all claims in favor of our client.

Brown v Catoosa County

Ben Mathis and Mary Anne Ackourey were retained after the close of discovery to try this gender discrimination and retaliation case in federal district court. The claim was the first of three scheduled jury trials by a group of female employees who contended that they were unlawfully fired after participating in a sexual harassment investigation. Demand prior to trial was over $800,000. After a 9 day trial, the jury returned a defense verdict on all counts in favor of our client. The other related cases set for trial soon settled on highly favorable terms to our client. 

German v AgriDynamics, Inc.

Ben Mathis and David Cole obtained a defense verdict in a sex discrimination case in federal court in the Middle District of Georgia after a 5 day trial. The plaintiff sought over $700,000 in backpay, fees, and compensatory damages. The jury found in favor of our client on all claims. 
 
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