2022 Super Lawyers in Labor & Employment Law

TM

Presents

2022 Super Lawyers in Labor and Employment Law

Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. U.S. News – Best Lawyers® “Best Law Firms” has named Ogletree Deakins a “Law Firm of the Year” for 11 consecutive years. In 2022, the publication named Ogletree Deakins its “Law Firm of the Year” in the Employment Law – Management category. Ogletree Deakins has more than 900 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a diverse range of clients, including many of the Fortune 50 companies in the U.S. www.ogletree.com

Birmingham

Nashville

Richard Carrigan is an enthusiastic litigator in state and federal courts as well as before administrative agencies. He tries jury and bench trials in federal districts throughout Alabama, and in the Northern District of Florida as well as state courts from Mobile to Huntsville, from Fayette to Dothan, and many other venues. Richard has tried matters before administrative law judges of the NLRB and the US Department of Labor, and has argued federal appeals to the Fifth Circuit and the Eleventh Circuit. Matters defended include a range of disputes from disparate impact or “pattern and practice” claims affecting thousands of employees, to malicious and fraudulent attacks.

Keith Frazier represents management in the area of labor and employment law, with an emphasis on employment litigation, including collective actions under the FLSA and the ADEA. Frazier has been counsel in over 20 jury trials, and he has experience trying collective actions in federal court before a jury and in an arbitration setting.

He has also handled over 40 arbitrations arising under collective bargaining agreements. In 2005, Keith was elected to the Firm’s Board of Directors and served until 2011. He also served a three year term on the Firm’s Board from 2014 until 2017.

T. Scott Kelly provides practical solutions for federal contractors and subcontractors across the United States to comply with the ever-changing affirmative action obligations imposed by doing business with the federal government. He advocates on behalf of his clients in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Kelly assists manufacturing, transportation, construction, food processing, hospitality, healthcare, and financial institutions with creative solutions for preparing, managing, and defending their affirmative action programs and related matters, including jurisdictional analyses and preventative strategies.

James A. Patton, Jr. is a shareholder in the Birmingham, Alabama office of Ogletree Deakins and a member of the firm’s Affirmative Action/OFCCP Compliance Practice Group. He focuses his practice on assisting federal contractors and subcontractors to comply with legally-mandated employment and reporting obligations, as well as defending compliance reviews and enforcement proceedings brought by the Office of Federal Contract Compliance Programs (OFCCP) and the United States Department of Labor (USDOL). In addition to focusing on affirmative action compliance, he has spent more than twenty years advising companies on a variety of workplace.

James C. Pennington is a founding member of the Birmingham Office of Ogletree Deakins. For more than two decades, he has represented employers in a wide range of labor and employment law matters, including administrative agency charges, federal and state court litigation, union campaigns and collective bargaining. He helps employers avoid workplace disputes by providing management training and developing defensive documentation such as effective employee handbooks, dispute avoidance and resolution policies, and drug and alcohol testing policies and procedures. He is known for helping employers navigate through the intersections of disabilities and leave laws.

32

www.HRProfessionalsMagazine.com

Jonathan O. Harris is Managing Shareholder of the firm’s Nashville offce. He represents management in a wide variety of employmentrelated matters. In addition to defending single-plaintiff lawsuits, he also represents employers in class and collective actions. He has handled countless EEOC charges and defended employers in lawsuits brought by the EEOC, including matters where the agency has asserted systemic claims on behalf of multiple claimants. He is a frequent speaker on topics relating to all types of employment issues, and he works with clients on preventive strategies to avoid discrimination, retaliation and other employment claims.

Timothy A. Palmer is a shareholder who works in both the Nashville and Birmingham offces, and is a founding shareholder of the Birmingham offce. He is an experienced litigator who focuses his practice on both employment litigation and general civil litigation in state and federal courts. His practice focuses on the defense of employment litigation including discrimination claims, defense of personnel actions, and defense of employee benefit disputes. He is a frequent speaker for the Alabama Bar Institute on Continuing Legal Education, where he has lectured on jury selection procedures and employment litigation.

William S. Rutchow is a shareholder in the firm’s Nashville offce who currently concentrates his practice in three areas: Workplace Safety and Health, Unfair Competition/Trade Secrets, and Employment Litigation. He also has experience in commercial litigation, personal injury litigation, and NLRB proceedings. Rutchow is a member of the firm's Ethics Committee, the Unfair Competition and Trade Secrets Practice Group, the Workplace Safety Practice Group, the Traditional Labor Law Practice Group and the Litigation Practice Group. He is a frequent author and speaker on employment-related topics.

Elizabeth S. Washko is a shareholder in the Nashville offce and co-chair of the firm’s Pay Equity Practice Group. She represents management in a wide variety of employment matters, at the agency level and in litigation. She has experience defending employers in FLSA collective actions, pay discrimination cases (individual plaintiff and class/collective actions) and conducting proactive pay audits and pay equity analyses. She has served as lead counsel in jury trials in state and federal courts. Washko also conducts training on employment issues, drafts and reviews employment policies and agreements, and conducts harassment and other types of investigations for employers.

Atlanta Margaret H. Campbell is a shareholder in the Atlanta offce and has practiced employment, litigation, and labor law at Ogletree since 1981. An all-around labor and employment lawyer, Meg is particularly recognized for her experience in complex class and collective action litigation, whistleblower investigations and litigation including Sarbanes-Oxley and Dodd-Frank cases, appellate practice, and restrictive covenant law. She has litigated single plaintiff, multi-plaintiff, and class and collective action jury and non-jury cases in federal and state courts around the country.

Craig Cleland defends employers in litigation—including class and collective actions—and counsels them in risk management and compliance. He is the former Chair and Co-Chair of the Firm’s Class Action Practice Group. He is also an Adjunct Professor of Law at Georgia State University College of Law, where he teaches Complex Litigation. He has been recognized as a BTI Client Service All-Star three times—one of a small number of employment lawyers in the U.S. who “combine exceptional legal expertise with practical advice, business savvy and creative, effective solutions.”

A problem-solver for employers, Mark Mallery has acted as lead counsel on complex disputes, including Sarbanes-Oxley whistleblower claims before the Office of Administrative Law Judges; pattern and practice and classbased claims prosecuted by the EEOC; collective actions under the Fair Labor Standards Act; and class-based discrimination claims with the U.S. Department of Labor’s Civil Rights Center. Mark has also litigated a variety of “intellectual property” issues, including disputes involving non-compete covenants, trade secrets, non-solicitation of customer and employee agreements, antitrust, confidentiality and proprietary obligations, fiduciary and loyalty duties, and the duty under the antitrust laws to refrain from “predatory hiring.” On the traditional labor side, Mark has represented management in union organizing campaigns, collective bargaining, work stoppages and unfair labor practice charges. As an advisor to employers, Mark has developed employment practices and systems, has written contracts and employment policies and has trained managers on their implementation.

Homer L. Deakins, Jr. was Managing Shareholder of Ogletree from 1985-2000. He has extensive experience in all aspects of labor relations law and has handled some of the largest and most highly publicized union elections in the United States on behalf of employers. This includes representing management in two major union elections in foreign owned automobile assembly plants in the United States, where the company won those elections by large margins. He also has created and participated in highly sophisticated labor relations training programs for management personnel and has a wealth of experience in guiding employers through challenging labor-related issues.

Chris Moore is an advocate for employers and has successfully defended federal and state law claims of race, sex, religious, age and disability discrimination; breach of contract, wrongful termination, retaliation, defamation, harassment, infliction of emotional distress, misrepresentation, interference with contract, whistleblower, employee benefits and abuse of right claims; state and federal wage claims; family and medical leave claims; unfair labor practices; and labor arbitrations. He has also successfully represented employers in disputes involving non-compete and non-solicitation agreements. Chris has also represented management in union organizing campaigns, labor disputes and the defense of unfair labor practice charges. As an advisor, Chris has prepared written employment practices, systems, forms and contracts, and has trained managers on their implementation and administration.

New Orleans Monique Gougisha Doucette practices primarily in the area of employment litigation and represents management in claims arising under various federal and state employment laws. Ms. Doucette has significant experience litigating employment matters in a variety of business sectors such as construction, energy, banking and hospitality. She also has expertise in workplace misconduct, sexual harassment issues and internal investigations. Ms. Doucette regularly conducts customized workplace respect and anti-harassment training for employers.

Raleigh Matt Keen is the Managing Shareholder of Ogletree Deakins. His practice has included employment litigation in state and federal courts, representing clients before the National Labor Relations Board and advising clients on equal employment opportunity and wage and hour issues. He has successfully litigated cases to defense verdicts in employment discrimination cases. He has also litigated matters involving ERISA, non-competition and trade secrets, workplace injuries and other contract and tort claims. He has successfully represented clients in dozens of labor and employment arbitrations.

Bob Sar assists employers in all areas of labor and employment law, including discrimination, harassment, retaliation, whistle-blowers, wage and hour, class and collective actions, non-competition and non-disclosure covenants, leaves of absence, employment agreements and policies, union labor matters, and workplace safety. He represents diverse industries including higher education, retail, financial, healthcare, pharmaceutical, professional services, hospitality, manufacturing, sales, software and technology. Bob has extensive experience litigating employment matters in state and federal courts throughout the United States and believes his success results from being available 24/7 to clients and being ready, willing and able to take client’s cases to trial.

Wimberly Lawson Wright Daves & Jones PLLC, with offices throughout Tennessee, has a defense practice focusing primarily on Labor and Employment Law, Workers’ Compensation, Immigration, and GeneralLiability/Commercial-Defense claims on behalf of businesses, management, insurers, and governmental entities. The Firm is a successor to the Labor Law practice of the former Mitchell, Clarke, Pate, Anderson & Wimberly, which was founded in 1948 and known for its connections to “Gone with the Wind” and the Mitchell family. Wimberly Lawson consistently strives to deliver the highest level of legal services in a timely, cost-effective, and ethical manner. The Firm is known for its well-proven approach to preventive maintenance, and for its extensive litigation practice which includes proceedings and trials involving all levels of State and Federal courts and government agencies.

Fredrick R. Baker is a Member in the Cookeville, Tennessee, office of the Firm. His practice includes an emphasis in workers’ compensation defense and employment discrimination, as well as ADA and FMLA compliance. Fred is Editor of the Tennessee Workers’ Compensation Handbook (M. Lee Smith Publishers), and Legislative Co-Chair of Upper Cumberland SHRM. He is Tennessee’s representative for the National Workers’ Compensation Defense Network. Fred has an AV Preeminent® Rating from Martindale-Hubbell, is listed in The Best Lawyers in America® in the field of Workers’ Compensation Law/Employers, was named 2022 LAWYER OF THE YEAR by Best Lawyers for Workers’ Compensation Law/Employers (Nashville Region) and is listed in Mid-South Super Lawyers in the area of Workers’ Compensation. www.HRProfessionalsMagazine.com

33

Bass, Berry & Sims provides full-service representation to public and private employers ranging from Fortune 500 companies to small locally-owned businesses. Our Labor & Employment attorneys defend clients nationwide, and provide day-to-day counsel, with respect to claims of discrimination, retaliatory discharge, FMLA leave, and whistleblowing, as well as non-compete matters and employee misclassification issues. Our dedicated team of Employee Benefits attorneys advise companies on all facets of employee benefit issues, including ERISA compliance and the design, drafting, implementation, amendment, termination and administration of employee benefit plans.

Tim Garrett helps employers solve complex issues related to all aspects of labor and employment law, providing in depth counseling and developing creative solutions to underlying business issues. He is an experienced trial lawyer, defending employers of all sizes in employment litigation claims across the country. His work has ranged from defending a major university during a significant wage and hour collective action involving thousands of employees to the successful defense of a major healthcare provider in a gender discrimination / retaliation case. In addition, Tim has served as nationwide labor and employment counsel for the largest nonprofit dialysis company in the U.S. Tim has been recognized by Mid-South Super Lawyers as a leading practitioner for 16 consecutive years (2006-2021).

David Thornton helps employers deliver retirement, health and welfare benefits to their executives and employees. With more than 30 years of experience, he has developed a diverse practice counseling hundreds of public and private employers and non-profit organizations in drafting, maintaining and administering retirement plans ranging from $1 million to several billion dollars in assets, including many in the $100 million to $500 million asset range. He has deep experience in ESOP transactions, successfully navigating the significant fiduciary duty considerations and tax code requirements involved with these transactions.

David has been recognized by Mid-South Super Lawyers as a leading practitioner for 12 consecutive years (2010-2021).

Fritz Richter has more than 30 years of experience counseling clients on employee benefit plan design and administration, and compliance with the Internal Revenue Service (IRS), Pension Benefit Guaranty Corporation (PBGC) and Employee Retirement Income Security Act (ERISA). His clients span a wide range of industries, including healthcare, retail and hospitality. Fritz has helped clients navigate hundreds of audits; submitted numerous IRS, Department of Labor and PBGC filings; and crafted a wide variety of employee benefit plan documents – all focused on helping employers navigate complex government regulation. Fritz has been recognized by Mid-South Super Lawyers as a leading practitioner for 10 consecutive years (2012-2021).

GO CONFIDENTLY. Bass, Berry & Sims listens and responds with creative yet practical counsel. We stay on pace with the complex and rapidly evolving employment landscape, connecting your dynamic human resources needs to proactive strategies.

Relationships, reliability, and respect – at the center of our Labor & Employment and Employee Benefits practices.

Stay up-to-date on the latest in HR Law. Visit our blog at bassberryhrlawtalk.com.

Centered to deliver. bassberry.com

34

www.HRProfessionalsMagazine.com

At Littler, we understand that workplace issues can’t wait. With access to more than 1,600 employment attorneys in more than 100 offices around the world, our clients don’t have to. We aim to go beyond best practices, creating solutions that help clients navigate a complex business world. What’s distinct about our approach? With deep experience and resources that are local, everywhere, we are fully focused on your business. With a diverse team of the brightest minds, we foster a culture that celebrates original thinking. And with powerful proprietary technology, we disrupt the status quo – delivering groundbreaking innovation that prepares employers not just for what’s happening today, but for what’s likely to happen tomorrow. For over 75 years, our firm has harnessed these strengths to offer fresh perspectives on each matter we advise, litigate, mediate, and negotiate. Because at Littler, we’re fueled by ingenuity and inspired by you.

Memphis

Charlotte

Office Managing Shareholder and Traditional Labor Practice Group Co-Chair, Tanja L. Thompson dedicates her practice to representing companies in traditional labor law.

National Fortune 500 companies as well as local employers across various industries, such as manufacturing and healthcare, seek her expertise in remaining union-free and in managing their union-represented workplaces. Union-free efforts include campaigns, comprehensive union vulnerability assessments, human relations audits, communication strategies, and positive employee relations training.

Accomplished litigator and advisor Stephen D. Dellinger counsels on intricate workplace issues involving a broad spectrum of federal and state statutory and common laws that affect not only employees but a company’s business goals. His sophisticated guidance directs executives and managers toward legally compliant human relations actions and policies. When a disagreement escalates into litigation, however, Steve develops targeted and compelling defensive strategies, recognizing that complicated cases often depend on reassessing traditional approaches. Whether in a deposition, taking testimony in court or arguing in front of a judge, he maintains a confident flexibility and resilience that works to the advantage of his clients.

Jonathan E. Kaplan has devoted his entire career to representing management clients exclusively in all areas of labor relations, employment law, and human resources management. His practice spans litigation, training, and consulting, in which he has handled matters in more than 40 states and Canada. Jonathan practices extensively before the NLRB across the country, and also has been admitted specially to practice before the state courts in California, Florida, Illinois, Indiana, Kentucky, Michigan, New York, and Ohio.

Jerry H. Walters Jr. has practiced management-side employment and labor law exclusively since 1997 and provides litigation and counseling services on a wide variety of employment and labor issues. He represents employers and management in employment discrimination, harassment, retaliation, and wrongful discharge cases, among others.

Jerry also has special expertise in defending collective and class actions involving FLSA and state wage and hour claims, as well as traditional labor matters. He has successfully handled cases before federal and state courts, the Equal Employment Opportunity Commission, the United States Department of Labor, and other administrative agencies.

Birmingham Paul E. Prather represents management exclusively in all areas of employment and labor relations, including state and federal employment litigation and in administrative proceedings before the National Labor Relations Board, the Equal Employment Opportunity Commission and the United States Department of Labor.

Lexington LaToi D. Mayo has advised, counseled and defended employers in regard to labor and employment matters for over 20 years. Most recently, LaToi has developed extensive skills in enforcing employment related arbitration agreements, defending and managing wage and hour class actions and advising employers on state and federal wage and hour compliance issues. She also routinely assists employers with respect to diversity, discrimination, and leave issues. She is the co-chair of Littler’s Healthcare Industry Group and she works frequently with hospitality and service related groups, manufacturers, health care facilities, financial institutions and local city governments.

Janell Ahnert's practice encompasses all facets of employment law, specifically in representation of management in both employment counseling and employment litigation. Janell handles a variety of employment law matters in state and federal courts and has broad experience defending employers accused of harassment and discrimination in federal court. She has litigation and counseling experience in numerous areas of employment law, including issues involving wage and hour claims, harassment, discrimination, and whistleblowing.

Charles A. Powell has represented employers throughout the Southeast against employment discrimination and harassment, non-competition and wage and hour litigation lawsuits for more than 23 years. He has a strong record of successfully defending employers against various employment and labor law claims.

Office Managing Shareholder Jay D. St. Clair has represented clients in employment and labor law matters for more than 30 years, including discrimination, harassment and retaliation claims; labor management relations; wage and hour regulations; and occupational safety and health.

www.HRProfessionalsMagazine.com

35