Over more than three decades of trial and litigation experience, Terry has established a strong record of success representing clients in complex labor and employment and employee benefits litigation—including collective and class actions—in state and federal courts across the country. He has also handled numerous appeals and, when appropriate, settles matters on favorable terms before they come to trial. He has defended employers in a wide range of industries, with particular emphasis in the transportation and biotechnology sectors. In addition to leading a litigation team focused on ERISA matters, Terry represents clients in cases involving virtually every form of labor and employment dispute, including discrimination, sexual harassment, wage-and-hour matters, reductions in force, non-competition agreements, trade secrets and employment contracts. Terry understands the value of preventing disputes and avoiding governmental and regulatory investigations, and regularly counsels clients on compliance with state and federal employment laws.
In addition to his wide experience representing employers, Terry has firsthand knowledge of the objectives and strategies of state and federal regulatory agencies. After earning his law degree, he served in the United States Air Force as a Judge Advocate, trying and defending courts martial in the United States and in Southeast Asia. Terry served for a number of years in the United States Department of Justice, Civil Rights Division, where he was responsible for developing and litigating numerous desegregation, discrimination and other cases across the country. After entering private practice, he represented employers in negotiating conciliation agreements with the US Equal Employment Opportunity Commission and successfully represented, at trial, employers against those who chose to opt out of these agreements. Terry is admitted to practice before the US Supreme Court and multiple US Circuit Courts of Appeals. He has been named among the top employment lawyers in America and in the state of Florida by industry publications, including as a "Leader in the Field, Employment Law, Florida" (2003-2011) by Chambers USA; member of the "Litigation Department of the Year–Labor and Employment Law" (2006) by American Lawyer; "Labor and Employment Law" (2006-2010), "Employment Law-Management" (2011-2013), and "Labor Law-Management" (2011-2013) by The Best Lawyers in America. Terry also has been named in "Management Labor and Employment" (2005, 2007-2012) by Who's Who Legal; "Top 100 of the Nation's Most Powerful Employment Lawyers" (2009-2011) by Lawdragon, and among top lawyers for "Employment Litigation: Defense, Employment & Labor" (2006-2013) by Florida Super Lawyers.
- Marajh v. Johnson & Johnson, 2008 WL 5063870 (S.D.Fla. 2008), defended plan administrator’s decisions to terminate benefits.
- Geddes v. American Airlines, Inc., 960 So.2d 830, 26 IER (BNA) 631 (Fla. 3d DCA 2007), successful defense of employer against claims of defamation.
- Walton v. Johnson & Johnson Services et al. 203 F.Supp. 2d 1312 (M.D. Fla 2002), aff’d 347 F.3d 1272 (11th in 2003), successful on summary judgment against claims of aggravated sexual harassment.
- Whitaker v. American Airlines, Inc. 285 F.3d 940 (11th in 2002), successfully argued for deferral to the Railway Labor Act procedures for dispute resolution.
- Kerr-Selgas v. American Airlines, Inc., 74 FEP Cases 435 (D. Puerto Rico 1997), successful in avoiding reinstatement remedy.
- Williams v. Cordis Corporation, 16 EB Cases 2424 (BNA), 1993 WL 373940 (S.D. Fla. 1993), successful defense of “stock drop” claim by ERISA plaintiff.
- Represented an ocean carrier and tried to a defense judgment a class case in the Middle District of Florida involving the claims of approximately 300 union-organized ship captains who claimed nearly $300 million in back wages and penalties. Judgment for the employer was affirmed in the Eleventh Circuit.
- Initiated and prevailed in a Declaratory Judgment Action against multiple employees' threatening suit in connection with a companywide reduction in force. (Appellate court decision reported at 133 F.3d 111 (1st Cir. 1998).)
- Defended air carrier against a collective action under the Fair Labor Standards Act in a matter involving its skycaps in Miami.