Cynthia G. Burnside
Cynthia G. Burnside
+1.404.817.8568

Overview

Cynthia G. Burnside is a litigation attorney in Holland & Knight's Atlanta office. Ms. Burnside concentrates her practice in the areas of class actions and commercial litigation, and she has extensive experience litigating complex cases for clients in the hospitality, technology, financial, insurance and healthcare industries.

Ms. Burnside's experience includes defending clients in class actions, including those arising under the privacy statutes such as the Telephone Consumer Protection Act (TCPA), under federal and state securities laws in various jurisdictions and other consumer class actions. Additionally, she has represented clients in controversies of significance among businesses and arising under federal and state unfair competition and deceptive trade practices laws, including but not limited to the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), Georgia Computer Systems Protection Act, Racketeer Influenced and Corrupt Organizations Act (RICO) and federal and state intellectual property and antitrust laws. Ms. Burnside is well versed in a variety of substantive legal/industry practice groups, including but not limited to franchising, financial services, securities, insurance, technology and e-commerce, real estate, trade secrets, restrictive covenants, breach of fiduciary duty and business divorce.

Ms. Burnside also has experience litigating and counseling clients on anti-discrimination and employment matters involving claims arising under the Fair Housing Act, Titles II and VII, Sections 1981, 1983, 1985 and 1986, Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act and Family and Medical Leave Act (FMLA).

Media Coverage

Representative Experience

  • Represented a cryptocurrency exchange in a class action, successfully obtaining order compelling arbitration of more than 50 named plaintiffs' consumer claims, including claims alleged pursuant to the Electronic Funds Transfer Act (EFTA) and Regulation E, fiduciary duty, breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment and various state unfair and deceptive business practices claims
  • Represented a rideshare company in a consumer class action alleging violations of the Telephone Consumer Protection Act (TCPA), successfully obtaining an order compelling one named plaintiff to arbitrate and obtaining a favorable settlement after discovery on behalf of another
  • Represented a bank holding company and officer in a securities class action, successfully obtaining dismissal on claims arising pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934
  • Represented a security company in a consumer class action alleging violations of the TCPA, obtaining a favorable ruling on a significant discovery issue preventing imposition of heightened statutory damages for willfulness and resulting in a favorable resolution with respect to the individual plaintiff
  • Represented a healthcare retail chain in class actions alleging violation of statute related to provision of copies of healthcare records dismissed for lack of standing and/or lack of jurisdiction
  • Represented a technology company with electronic filing platform in a case alleging antitrust and unfair trade practices claims; successfully defeated class certification using economic expert testimony and obtaining summary judgment for client
  • Represented a technology company with electronic platform in a case alleging violations of various state provisions related to filing fees; obtained dismissal, which was upheld on appeal, and for which certiorari was denied by the Georgia Supreme Court
  • Represented a commercial financier in class actions alleging various claims arising from automatic insurance placed on leased office equipment; obtained summary judgment after class certification
  • Obtained summary judgment for a bank in a case involving finance of satellite equipment on allegations of fraud and unfair/deceptive trade practices

  • Represented a construction company and employees in unfair competition litigation brought by a competitor to slow or prevent entry into market, including allegations of corporate raiding, theft of trade secrets and other unfair competition allegations; maneuvered case to a favorable resolution on eve of trial after filing compelling summary judgment and limine motions
  • Engaged to try a securities enforcement action brought by the U.S. Securities Exchange Commission (SEC) against a fund manager; after close of investigation and discovery, case ended in a hung jury that paved the way for a favorable settlement for client, which was unattainable before trial
  • Hired to try a case six weeks before jury trial for a life insurance premium finance company and subsidiary of large insurer against claims of fraud and unsuitability; successfully limited claim for $3 million to a less than $30,000 verdict
  • Successfully appealed and obtained reversal of denial of summary judgment of a shareholder and breach of fiduciary duty claims against a large medical practice and select shareholders, successfully avoiding a lengthy jury trial
  • Successfully defended jury trial, obtaining complete defense verdict in favor of a property insurance premium financier and subsidiary of a large insurer after the plaintiff suffered fire loss that was not covered because the financier canceled the policy for nonpayment of premiums by borrower/insured
  • Successfully defended a developer in a two-week jury trial over title of several properties; obtained defense verdict in favor of the client
  • Obtained a large verdict in favor of an asset management company against a large commercial tenant after bench trial brought to enforce terms of settlement between parties

  • Obtained voluntary dismissal of amended pleading after filing of motion to dismiss claims brought pursuant to the Trafficking Victims Protection Act (TVPA)
  • Obtained complete (involuntary) dismissal of an amended pleading brought by an alleged human trafficking victim against a hotel franchisor after hearing on motion to dismiss
  • Obtained voluntary dismissal of a claim by alleged human trafficking victim after communications with counsel regarding expiration of statute of limitations
  • Obtained significant verdict against a hotel operator on behalf of a hotel franchisor client for breach of contract and impermissible use of trademark

  • Represented a property and casualty underwriter in a claim alleging race discrimination in application of underwriting guidelines
  • Represented a restaurant chain in public accommodations discrimination claims brought by customers under Title II of the Civil Rights Act
  • Represented a life insurance company in a series of cases alleging discrimination in application of underwriting guidelines

Credentials

Education
  • Tulane University Law School, J.D., cum laude
  • Tulane University, A.B. Freeman School of Business, MBA, cum laude
  • Smith College, B.A., Economics
Bar Admissions/Licenses
  • Alabama
  • Georgia
Court Admissions
  • All State Courts in Georgia
  • All State Courts in Alabama
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Northern District of Alabama
  • U.S. District Court for the Middle District of Alabama
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of Georgia
Memberships
  • Georgia Association For Women Lawyers, Secretary/Treasurer, 2007-2009; Programs Committee Chair, 2006-2007
  • Georgia Bar Association
  • Alabama State Bar Association
  • Atlanta Bar Association
  • Atlanta Commission on Women, Mayoral Appointee, 2005-2007
  • Atlanta Commission on Women, Chair, Women Doing Business Conference Committee 2007, 2008
  • Georgia Association for Women Lawyers Foundation, Secretary/Treasurer, 2006-2009
  • Cabbagetown Initiative Community Development Corporation, Board Member, 2003-2006
  • Birmingham Bar Association, Young Lawyers Executive Committee, 2000-2001
Honors & Awards
  • Stand-out Lawyer, Thomson Reuters, 2022, 2024
  • The Best Lawyers in America guide, Commercial Litigation, 2021-2025
  • Visionary Award, Georgia Association for Women Lawyers, 2012
  • Holland & Knight Rising Star, Class of 2012
  • Georgia Super Lawyers magazine, 2010
  • Georgia Trend Legal Elite, 2009
  • Rising Stars, Georgia Super Lawyers magazine, 2005-2007, 2009 
  • Jessup International Law Appellate Team
  • Moot Court Board
  • Junior Trial Competition Finalist, Tulane University

Publications

News