Attorneys Deborah A. Ausburn and David J. Myers, partners with FSB FisherBroyles, recently won a landmark case in federal court against the U.S. Department of Labor.
Attorneys Deborah A. Ausburn and David J. Myers, partners with FSB FisherBroyles,
recently won a landmark case in federal court against the U.S. Department of Labor. In February
2007 the Department sued Laurelbrook School, a Seventh-day Adventist boarding school in
Dayton, Tennessee. The Department claimed that the school was violating the Fair Labor
Standards Act (FLSA) by employing students during school hours and in hazardous occupations.
Ausburn and Myers. defense convinced the judge that Laurelbrook is a school with a valid
vocational program exempt from FLSA regulations.

After a seven-day bench trial, Chief Judge Curtis Collier of the U.S. District Court in Chattanooga
entered judgment in favor of the school. In the accompanying memorandum, he noted that the
Tennessee Department of Education has accredited Laurelbrook, and hasspecifically approved
transfer credits for many of its vocational classes. The court disagreed with the Department's
claims that assigning the students to work in the school.s nursing home transformed Laurelbrook
into a work place. He found that students at Laurelbrook .are provided hands-on training with
tools that are normally used in those skills and this hands-on experience is similar to that received
in public school vocational training courses.

According to Ms. Ausburn, the win establishes an important precedent for similar schools
throughout the country. Laurelbrook has an outstanding program with a long track record of
high achieving graduates. If it could not pass muster as a bona fide vocational school, then every
program like it would be at risk.  Mr. Myers said, .It.s a shame that Laurelbrook has had to carry
the burden and expense of defending a lawsuit threatening its very existence, but we were able
to show the judge, through testimony from graduates and parents, that Laurelbrook is serious
about preparing its students for real life.

Ms. Ausburn and Mr. Myers presented evidence about the underpinnings of Laurelbrook's
vocational training, with its emphasis on practical skills and character training along with academic
knowledge. Representatives of the Tennessee Department of Education testified in favor of
Laurelbrook, as did numerous former students and current staff members. That evidence
convinced the court that Laurelbrook provides important tangible and intangible training to its
students and the students reap great benefits from the training and education. provided there.

FSB co-founder Kevin Broyles said that the victory shows that FSB's unique structure works as
well in litigation as it does in the firm's corporate practice. Our emphasis on top-notch legal talent
without expensive overhead or redundant support staff serves our clients better than the traditional
firm model. In this case, our trial lawyers were able to provide exactly what the client needed .
superior legal talent, a streamlined and cost-effective defense, a compelling trial presentation, and an important
court victory with far-reaching impact..

FSB's vision was formed by Kevin Broyles, James Fisher, and a handful of other attorneys at a
large Atlanta firm in the latter part of 2001 and early part of 2002. Their idea was to respond to
client demands in a struggling economy and to create a law firm structure that would make
attorneys excited about going to work each day. Clients were looking for a more cost-effective,
responsive, flexible, and personable legal service solution. FSB answered these concerns by
removing the costly overhead associated with traditional large firms . no more expensive office
space, inexperienced attorneys, wasteful support staff, or multi-layered approach to delivering legal
services. FSB aligns its perspective with its clients by eliminating the incentives attorneys in traditional firms have to justify skyrocketing billable rates and to stretch time to meet unrealistic
billable quotas. Instead, FSB.s attorneys focus on applying practical solutions to meet client needs
and chase efficiencies, not billables, as if it is their dollar (not the Client.s) that is being spent. FSB
has been featured in the National Law Journal, ABA Journal, Atlanta Business Chronicle, Atlanta
Business Magazine, Atlanta Journal Constitution, and Fulton County Daily Report.

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