January 2022 Digital Issue of HR Professionals Magazine

Page 33

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

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Articles inside

Littler

3min
page 35

Bass Berry Sims

2min
page 34

Wimberly Lawson

4min
page 33

Coaching for NO Drama

5min
pages 26-27

Ogletree Deakins

5min
page 32

New Year, New (HR Trends): Focusing on the Year Ahead in 2022

4min
pages 24-25

Defining Performance: Metrics Matter

4min
page 20

Who is Responsible for Granting Medical/Religious Accommodations to the COVID-19 Vaccine Mandate?

4min
page 28

Looking Ahead at the Reality of Work

5min
pages 22-23

Evaluation of EEOC’s 2020 Enforcement and Litigation Statistics

5min
pages 18-19

Living Your Best Life Means Having Life Insurance

2min
page 17

Order Your Copy of RESET by Johnny C. Taylor, Jr.

3min
page 13

Significant Changes to Requirements for Payment of FLSA Minimum Wage to Tipped Employees

3min
page 16

RESET: A Leader’s Guide to Work in an Age of Upheaval

4min
page 12

note from the editor

2min
page 4

HR’s Recipe for a Successful Background Screening Process.

4min
page 6

Top 3 Employee Engagement Ideas for 2022

5min
pages 14-15

SHRM 2021 Pinnacle Award

2min
pages 10-11
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