Jason D'Cruz

Partner

Atlanta
T +1.404.946.9824
F +1.404.459.5734

Overview

Jason D'Cruz advises corporations, boards, management teams, owners and C-level executives on executive compensation matters. He negotiates employment and separation agreements, equity-based and other incentive arrangements, retention and bonus programs, change-in-control agreements and restrictive covenants issues. Jason provides executive employment and compensation advice in corporate transactions to public and private companies, owners, management teams and senior level executives. In these transactions, Jason also provides advice on earn outs, equity rollovers and other deferrals of compensation.

Jason also provides employment law analysis and guidance. He litigates disputes involving earn outs, equity, employment contracts, restrictive covenants and employment discrimination.

Select Experience

  • Ellison v. St. Joseph’s/Candler Health System, Inc. – Summary judgment granted in favor of St. Joseph’s on employee’s retaliation claims. (2018). (Eleventh Circuit Appeal pending.)
  • St. Joseph’s Vascular Group, LLC v. Christopher J. Busken, M.D. – Consent judgment in the amount of $495,000 for breach of employment contract. (2017).
  • Shareholders of Selling Business v. Fortune 100 Purchaser – Obtained pre-litigation mediated settlement in the high seven figures (plus attorney’s fees) in sale of business earn-out dispute. (2017).
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Experience

  • Ellison v. St. Joseph’s/Candler Health System, Inc. – Summary judgment granted in favor of St. Joseph’s on employee’s retaliation claims. (2018). (Eleventh Circuit Appeal pending.)
  • St. Joseph’s Vascular Group, LLC v. Christopher J. Busken, M.D. – Consent judgment in the amount of $495,000 for breach of employment contract. (2017).

  • Shareholders of Selling Business v. Fortune 100 Purchaser – Obtained pre-litigation mediated settlement in the high seven figures (plus attorney’s fees) in sale of business earn-out dispute. (2017).
  • Santoli v. SJC Medical Group, Inc., Luann Aquino, and Brian Anderson – Summary judgment granted in favor of defendants on employee’s wrongful termination, retaliatory discharge, unfair trade practices and defamation claims. (2015).

  • Random Ventures, Inc., Kevin Brittingham, and Lynsey Thompson v. Advanced Armament Corp., LLC and Remington Arms Company, LLC – Judgment in favor of plaintiffs on all claims, including breach of employment contracts, breach of Asset Purchase Agreement (earn-out provision), breach of Goodwill Agreement (earn-out provision), declaring restrictive covenants unenforceable, and awarding damages, attorneys’ fees, costs and expenses in the amount of $10,056,295.98, plus interest. (Affirmed by the Second Circuit.) (2015).

  • Kosmoski v. Ingenico, Inc. – Summary judgment granted in favor of Ingenico on employee’s discrimination (sex) and retaliation claims. (2014).

  • Benjamin v. Internap Network Services CorporationSummary judgment granted in favor of Internap on employee’s FMLA interference and FMLA/ADA retaliation claims. (2014).

  • Kennedy v. Effingham County Hospital Authority d/b/a Effingham Hospital – Motion to dismiss granted in favor of Effingham Hospital on employee’s Title VII and Section 1983 claims. (2013).

  • Gehringer v. St. Joseph’s/Candler Health SystemSummary judgment granted in favor of St. Joseph’s/Candler on employee’s discrimination (sex) and retaliation claims. (2013).

  • Walker v. St. Joseph’s/Candler Health SystemSummary judgment granted in favor of St. Joseph’s/Candler on employee’s discrimination (sex and race) and retaliation claims. (Affirmed by the Eleventh Circuit)(2013).

  • W.R. Allmond v. Tracy Young and TitleMax of Georgia, Inc.; Kam v. Tracy Young and TitleMax of Georgia, Inc.; Stranstone v. Tracy Young and TitleMax of Georgia, Inc.; Myra Allmond v. Tracy Young and TitleMax of Georgia, Inc.; Stranstone v. Tracy Young and TitleMax of Georgia, Inc.; W.R. Allmond (Assignees) v. Tracy Young and TitleMax of Georgia, Inc. Motion to dismiss claims of breach of contract, fraud, and loss of deposit granted in favor of Tracy Young and TitleMax of Georgia, Inc. (Affirmed by Georgia Court of Appeals) (Petition for certiorari denied by Georgia Supreme Court)(2012).**

  • Diamond v. Morris, Manning & Martin, LLPSummary judgment granted in favor of Morris, Manning & Martin, LLP on employee’s discrimination and retaliation claims. (Affirmed by Eleventh Circuit)(2012).**

  • Becham v. Synthes (U.S.A.), et al. – Summary judgment granted in favor of Mr. Becham declaring restrictive covenants unenforceable; motion to dismiss all counterclaims granted to Mr. Becham and Crosslink Orthopaedics, LLC. (Affirmed by the Eleventh Circuit)(2012).
  • Boone v. Corestaff Support Services, Inc. Summary judgment granted in favor of Mr. Boone declaring restrictive covenants unenforceable. (2011).

  • Couick v. Effingham County Hospital Authority d/b/a Effingham Hospital – Summary judgment granted in favor of Effingham Hospital on employee’s FMLA retaliation, intentional infliction of emotional distress, and negligent supervision and retention claims. (2011).

  • Lunsford v. Enertouch Inc. D/ B/ A GoodCents Solutions Dismissal with prejudice obtained in disability discrimination, retaliation, and intentional infliction of emotional distress claims. (2010).

  • Hall v. Piedmont Ear, Nose, Throat & Related Allergy, P.C. Summary judgment granted in favor of PENTRA on employee’s race discrimination and intentional infliction of emotional distress claims. (2010).

  • Kent v. St. Joseph’s/Candler Heath Systems, Inc. Summary judgment granted in favor of St. Joseph’s on employee’s discrimination (race and sex) and retaliation claims. (2010).

  • Imaging Technologies Services, Inc. v. Judah JacksonJudgment entered in favor of ITS against former employee for breach of non-solicitation and non-recruit obligations. Attorneys’ fees granted to ITS. (2008).
  • Watts v. Hospitality Ventures, LLC Summary judgment granted in favor of Hospitality Ventures in FMLA and pregnancy discrimination claim. (2008).

  • Spencer v. St. Joseph's/Candler Health System, Inc. Summary judgment granted in favor of St. Joseph's on employee’s race discrimination and retaliation claims. (Affirmed by the Eleventh Circuit)(2007).
  • Crosslink Orthopaedics, LLC v. EBI Holdings, Inc. Summary judgment granted in favor of Crosslink declaring restrictive covenants unenforceable (2007).

  • Clark v. St. Joseph's/Candler Health Systems, Inc. Summary judgment granted in favor of St. Joseph's on employee's harassment (race and sex), discrimination (race and sex), and retaliation claims. (Affirmed by the Eleventh Circuit)(2007).

  • Donovan v. Hobbs Group, LLC, and Hilb, Rogal and Hobbs Company Summary judgment granted in favor of Mr. Donovan declaring restrictive covenants unenforceable. (Affirmed by the Eleventh Circuit)(2006).

  • Siech v. Hobbs Group, LLC, and Hilb, Rogal and Hobbs Company Summary judgment granted in favor of Mr. Siech declaring restrictive covenants unenforceable. (Affirmed by the Eleventh Circuit). (2006).

  • Wynn v. Paragon Systems, Inc. Summary judgment granted in favor of Paragon on employee’s sex discrimination, retaliation, and state negligence claims. (2004).

  • Spells v. Brockway Standard, Inc. (Bway) Summary judgment granted in favor of Bway on employee’s race discrimination claim. (2004).

  • Hehir v. U.S. Lumber Group, Inc. Obtained dismissal of employee’s retaliation claim. (2004).

  • Dingle v. Axiom Staffing GroupMotion to dismiss granted on Title VII claim. (2004).

  • Desenberg v. S1 Corporation Summary judgment granted in favor of S1 on employee’s ADA and retaliation claims. Attorney’s fees granted to S1. (2003).

  • Hill v. Bway Corporation Obtained dismissal of FLSA collective action. (2002).

  • HCA Health Services of Georgia, Inc. d/b/a Parkway Medical Center as Assignee of Steven J. Denton v. Employers Health Insurance Company Summary judgment granted in favor of HCA on denial of benefits claim under ERISA. (Affirmed by the Eleventh Circuit)(2001).

  • Pfitzer v. St. Joseph’s Hospital Summary judgment granted in favor of St. Joseph’s on employee’s retaliation claims under Title VII and Equal Pay Act claims. (1999).

  • Wilhelm v. St. Joseph's Hospital Summary judgment granted in favor of St. Joseph's on employee's failure to hire claim based on Title VII. (1999).

  • Culbreath v. Jered Brown Brothers, Inc. Summary judgment granted in favor of Jered Brown on employee’s race and retaliation claims. (1999).

  • Jordan v. Jered Brown Brothers, Inc. Summary judgment granted in favor of Jered Brown on employee's race and retaliation claims. (1998).

  • Sky Shots Aerial Photography, Inc. v. Eastman Kodak Company Summary judgment granted in favor of Kodak on breach of contract and fraud claims. (1998).

  • Cannon v. St. Joseph's Hospital Summary judgment granted in favor of St. Joseph's on employee's perceived disability claim. (Affirmed by the Eleventh Circuit)(1997).

  • Williams v. Memorial Medical Center, Inc. Summary judgment granted in favor of Memorial on employee's race, sex, and age discrimination claims. (1997).

  • Cooper v. Eastman Kodak Company Summary judgment granted in favor of Kodak on former employee's tortious interference with contract and fraud claims. (Affirmed by the Eleventh Circuit)(1997).

  • McGuinness v. Memorial Medical Center, Inc. Jury verdict in favor of Memorial on employee's Fair Labor Standards Act claim. (1995).

  • Roberts v. Memorial Medical Center, Inc. Summary judgment granted in favor of Memorial on employee's race and sex discrimination claims. (1993).

  • Wilson v. Memorial Medical Center, Inc. Summary judgment granted in favor of Memorial on employee's race and retaliation claims. (Affirmed by the Eleventh Circuit)(1993).

  • Brown v. CSX Transportation Summary judgment granted in favor of CSX on employee's perceived disability claim. (1992).

  • Kraft v. Memorial Medical Center, Inc. Summary judgment granted in favor of Memorial on employee's claim of discrimination under the Rehabilitation Act. (1992).

  • Jones v. Westside Urban Health Center Motion for JNOV denied after jury verdict in favor of Westside on employee’s Equal Pay Act claim. (1991).

*Mr. D’Cruz represented the party in bold.
**Mr. D’Cruz coordinated the defense of the parties listed in bold, but did not appear as counsel of record in the case.

Recognitions and Memberships

Recognitions

  • College of Labor and Employment Lawyers: Fellow

  • Chambers USA: Labor & Employment in Georgia (2009 to 2018)

    • Band 2 (2018)
  • Georgia Trend Magazine, Legal Elite: Labor & Employment (2009 to present)

  • The Best Lawyers in America© (2013 to present)

        • Georgia: Employment Law – Management

        • Georgia: Litigation – Labor & Employment
  • Georgia "Super Lawyer" (2009 to present)

Memberships

  • American Employment Law Council

  • Multi-State Employers Council
    • Conference Chair (2004 to present)
  • American Bar Association
    • Labor & Employment Section
    • Section of Intellectual Property Law, Trade Secrets and Interference with Contracts: Committee Vice Chair (2012 to 2013)
  • Atlanta Bar Association: Labor & Employment Section

  • Emory University School of Law, Lamar Inn of Court: Master

Community

  • The IndUS Entrepreneurs

    • TiE-Atlanta: Charter Member (1998 to present)
  • Atlanta CEO High Tech Council
    • Board of Advisors (2000 to 2007)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Middle District of Georgia
  • U.S. District Court, Southern District of Georgia
  • Georgia

Education

  • J.D., Wake Forest University, 1988
  • B.A., St. Louis University, 1985, cum laude