Areas of Practice
- General Civil Practice
- Employment Law Practice - For Employers
- Insurance Defense Practice
- Civil Trial and Appellate Practice
- Business Practice
- Employment Law Practice - For Employees
General Civil Practice
My law practice is best described as a general civil practice, with a particular emphasis in certain matters, such as employment law (discussed below). I regularly represent both businesses and individuals, both in the context of planning, counseling, preparing documents, and the like, and also in the context of litigation and dispute resolution. While I do represent individuals, this is usually in the context of business matters, property matters, or contractual matters, rather than in purely personal matters such as divorces and the like. I do not practice in the area of criminal law.
Within my general civil practice, I have particular experience in trial work and litigation. This includes litigation in matters of employment law, business and commercial litigation, and estate-related litigation. I also have an active insurance defense litigation practice in matters related to employment practices liability and personal injury liability defense, which affords me a significant amount of litigation experience.
Below are my primary "sub-areas" of emphasis, within my general civil practice.
Employment Law Practice - For Employers
My employment law practice is primarily focused upon representing employers of all sizes, from large companies to mid-sized employers, and to small employers, in all matters related to:
- Compliance counsel and advice (details below)
- Drafting of policies, procedures, agreements and documents (details below)
- Handling litigation and disputes, whether through court proceedings, arbitrations, mediations, or in proceedings before governmental agencies (details below)
- Matters of training, prevention and investigations (details below)
Compliance Counsel and Advice:
- Equal Employment Opportunity and Discrimination Compliance Law
- Wage and Hour Law (Overtime, Minimum Wage, Wage Payment Issues)
- Employer Record-Keeping Compliance
- Leave and Vacation Policies
- Termination and Disciplinary Action Advice
- FMLA, Workers' Compensation, ADA and Disability Issues
- Unemployment Compensation Matters
- ERISA, COBRA, Employee Benefit Plan Advice
- Independent Contractor Issues
- OSHA Issues
- Affirmative Action Plans
- Drug Testing Issues
- Protection of Trade Secrets and Confidential Information
- Employee Duties and Employee Privacy Issues
Documents and Drafting:
- Handbooks, Personnel Policies, Procedures, Protocols, Job Descriptions
- Employment Agreements, Non-Compete Agreements, Non-Solicitation Agreements, Non-Disclosure Agreements
- Independent Contractor Agreements
- Severance and Separation Agreements and Releases
Litigation and Disputes:
- Lawsuits, Arbitration, Mediation
- Representation before Courts and Governmental Agencies (e.g., Department of Labor Administrative Law Judges)
- Responding to EEOC and THRC Discrimination Charges
- Discrimination Claims (Age, Sex, Rce, Disability, Etc.)
- Sexual Harassment Claims
- Retaliatory Discharge and Whistleblower Claims
- Wage and Hour Claims (Overtime, Minimum Wage, Etc.)
- Employment Contracts, Non-Compete Agreements, Trade Secrets and Confidentiality Claims
- Unemployment Compensation Claims and Appeals
- FMLA and Workers' Compensation Claims
- Penalty Assessments (e.g., Department of Labor, OSHA)
Training, Prevention and Investigations:
- Sexual Harassment Prevention Training for Managers, Supervisors and Employees
- Assistance and Advice in Handling Employee Investigations (e.g., Sexual Harassment, Suspected Theft, Etc.)
- OSHA, Workers' Compensation, Safety and Violence Prevention
- Training Related to Specific Employment Law Topics, as Requested or Needed in Employer-Specific Circumstances
Insurance Defense Practice
My firm regularly acts on assignment from liability insurance carriers in handling insurance defense matters. The firm and its attorneys are familiar with and are comfortable working with insurance company personnel and complying with the carriers' reporting and other guidelines and requirements. The firm's insurance defense practice includes:
- Representing employers on assignment from employment practices liability (EPL) carriers
- Personal injury defense assignments related to automobile liability cases
- Personal injury defense assignments related to general casualty, general liability, and specialty risk policies
- Defense of property damage claims under general casualty or liability policies
- Providing coverage opinions
- Representing insurance carriers in assorted other matters (such as uninsured motorist claims)
Civil Trial and Appellate Practice
Apart from my trial and appellate practice in employment law (discussed separately), I also maintain an active civil trial and appellate practice, with eperience in the following areas:
- Commercial and business-related litigation
- Contracts and leases
- "Business torts" (e.g., fraud, misrepresentation, unfair competition, trade secrets and trade name infringement, interference with contracts or business relations)
- Construction disputes
- Consumer Protection Act claims
- Zoning and land use matters
- Easements and property disputes
- Civil rights matters
- Estate administration disputes and litigation, will contests, and conservatorship proceedings
- Partnership and entity dissolution
- Family law and domestic matters
- Personal injury claims
Business Practice
In addition to my employment law practice and my civil trial and appellate practice, I offer general business counsel, advice and services related to such matters as:
- Entity formation and governance
- Contracts, leases, etc.
- Partnerships, Corporations, Limited Liability Companies
- Purchase and sale of assets
- Compliance advice
Employment Law Practice - For Employees
While my employment law practice is primarily devoted to representing employers, I do, from time to time, represent individual employees in asserting their employment-related legal rights in certain instances, so long as that representation does not cause a conflict of interest by either: (1) involving claims against a present or former client or related company; or (2) involving claims which would require me to take positions inconsistent with, or detrimental to, the present interests of a client or related company.
Representative Types of Claims Handled for Employees:
- Sexual Harassment
- Unlawful Discrimination (Sex, Age, Race, Religion, Disability, National Origin, Etc.)
- Workers' Compensation Claims
- Overtime / Wage and Hour Claims
- Unemployment Compensation
- Non-Compete Agreement Enforcement Claims
- Retaliation and Retaliatory Discharge Claims
- Contract Disputes
- Contract Negotiations and Review
- Severance Agreement Review and Negotiations