Jamala S. McFadden, Managing Partner

Direct: 678.424.1380
Email: jmcfadden@theemploymentlawsolution.com
LinkedIn: linkedin.com/in/jamala-s-mcfadden-2922258

Education:

  • J.D., University of Michigan (2001), Executive Editor, Michigan Law Review
  • B.A. Political Science, with high distinction, University of Illinois at Urbana-Champaign (1998)

Admitted to Practice:

  • Georgia
  • Illinois
  • Michigan
  • U.S. Supreme Court
  • Numerous other federal jurisdictions

Jamala S. McFadden is a co-founding partner of ELS who’s practice focuses on all aspects of employment law, including advice and counseling, workplace investigations, and representation in litigation and agency matters.  In advising and counseling clients in matters that include hiring, termination, separation agreements, pay, restrictive covenants, discrimination and harassment, Jamala brings to bear her experience in advising more than 100 small-to-midsize to Fortune 100 organizations in varied industries.  Jamala conducts internal investigations and has trained over 1,000 management and staff employees on harassment and discrimination policies. Additionally, Jamala drafts workforce-related agreements, policies, and handbooks and assists executives in employment contract matters, including negotiating severance agreements.

Admitted to practice in three states and multiple federal courts, Jamala has represented clients in more than two dozen jurisdictions.  Her litigation experience includes successful jury trials, administrative trials, and pre-trial dispositive motions.  She also represents clients before administrative agencies, including the Equal Employment Opportunity Commission, the Department of Labor, and the Department of Justice’s Office of Immigration Related Unfair Employment Practices.  Jamala regularly serves as go-to employment counsel for small-to-midsize organizations that have no or limited in-house legal counsel.

The transactional component of Jamala’s practice focuses on providing expertise on litigation and workforce-related matters to private equity and other companies involved in mergers and acquisitions.  Jamala also has provided post-transaction assistance, which has included the on- and off-boarding of C-suite executives and implementing solutions to address issues identified during the due diligence process.

Before establishing ELS, Jamala honed her substantive legal and trial skills at Eversheds Sutherland and as a law clerk to the Honorable Anna Diggs Taylor of the U.S. District Court for the Eastern District of Michigan.

REPRESENTATIVE EXPERIENCE

  • Obtaining injunctive relief in Fulton County Superior Court against a former employee that violated non-compete and non-solicitation covenants.
  • Successfully defending a company in a three-week jury trial in Massachusetts federal court where the plaintiff asserted breach of contract claims and sought millions of dollars in punitive damages.
  • Successfully defending a major finance company in a two-week jury trial in Tennessee federal court against claims alleging civil Racketeer Influenced and Corrupt Organizations (RICO) Act violations, fraud and other violations of state law.
  • Obtaining a decision affirming summary judgment in the Eleventh U.S. Circuit Court of Appeals concerning gender and pregnancy discrimination claims.
  • Defending a large packaging manufacturer against claims alleging employee raiding and violation of non-competition and other restrictive covenants.
  • Defending a manufacturer in Texas federal court against claims involving misclassification and overtime wages.

SELECT PRESENTATIONS

  • “Hot Topics in Employment Law,” State Bar of Georgia In-house Counsel Section (December 2020)
  • “Law Firm Economics & Leadership,” Leadership Institute for Women of Color Attorneys (November 2020)
  • “Current State of Employment Discrimination,” National Diversity & Leadership Conference (April, 2019)
  • “Employment Law Practitioner Small Group Roundtables: Strategies and Tips for Handling the Hottest Issues in Employment Law,” National Employment Law Council (2015 – 2017); National Bar Association Commercial Law Section (2017)
  • “Employment Law for Non-Employment Lawyers,” Employment Law Solution CLE (2017)
  • “Lions at the Bar: Civil Litigators and Their Greatest Cases,” University of Michigan Law School (2017)
  • “Employment Law Update,” National Association of African Americans in Human Resources (Oct. 2016)
  • “Try it Like Ted in Court,” National Association of Minority and Women Owned Firms (NAMWOLF) (Sept. 2016)
  • “Updates in Wage and Hour Law,” State Bar of Georgia, Labor and Employment Section (Dec. 2015)
  • “Employment Law 101,” State Bar of Georgia, Transition into Law Program (Mar. 2015)

SELECT PROFESSIONAL AND COMMUNITY INVOLVEMENT

  • Supreme Court of Georgia’s Ad Hoc Committee to Prevent Sexual Harassment in the Judicial Branch of Government Advisory, Member (2019)
  • Atlanta Legal Aid Society, President (2019)
  • Presidential Leadership Scholars (Class of 2019)
  • Development Authority of Cobb County Board, Secretary (2018 – present)
  • Judicial Qualifications Commission of Georgia Hearing Panel, Member (2017 – present)
  • Justice Center of Atlanta Board, Member
  • National Employment Law Council Board, Member
  • Women on Boards – OnBoard Development Group, Member (2015)
  • U.S. Commission on Civil Rights Georgia Advisory Committee (2014 – 2020)
  • Outstanding Atlanta, President (2013)
  • Outstanding Atlanta, Member (Class of 2012)
  • Georgia Association of Black Women Attorneys, President (2011)
  • LEAD Atlanta, Member (Class of 2017)
  • Therrell High School Mock Trial Team, Coach (2005-2016)

SELECT ACCOLADES

  • Top 50 Women Attorneys (2019 – 2021)
  • Commitment to Equality Award, Georgia Bar Committee to Promote Inclusion in the Profession (2019)
  • Multi-Bar Leadership Council, Seth Kirshenbaum Diversity Award (2018)
  • Top 100 Attorneys (2018)
  • Georgia Trend, “Legal Elite” for Labor and Employment Law (2017)
  • Atlanta Business League, “Success Against the Odds” (2016)
  • Fulton County Daily Report, “On the Rise” (2015)
  • Georgia Super Lawyers: “Super Lawyer,” Labor and Employment (2014-2021)
  • National Bar Association, “Trailblazer” (2014)
  • Atlanta Bar Association’s Outstanding Woman of Achievement (2013)
  • Presidential Leadership Scholars Rising Star (2011-13)