J. GREGORY GRISHAM OF COUNSEL. 414 Union St., Suite 1900 Bank of America Plaza Nashville Tennessee

Transcription

1 J. GREGORY GRISHAM OF COUNSEL 414 Union St., Suite 1900 Bank of America Plaza Nashville Tennessee (local) (fax) (toll free) AREAS OF PRACTICE Commercial Litigation General Liability Insurance Coverage & Defense Labor & Employment Professional Liability / Errors & Omissions BAR & COURT ADMISSIONS Tennessee EDUCATION University of Tennessee at Chattanooga, B.S., 1983 University of Mississippi, M.B.A., 1984 University of Memphis, Cecil C. Humphreys School of Law, J.D. (cum laude), 1989 HONORS AND AWARDS Mid-South Super Lawyer, Law & Politics Magazine (2006, 2007, 2013, 2014). Best Lawyers in America: Litigation: Labor and Employment (2013, 2014, 2015). Fellow, Litigation Counsel of America (2008 to present).

2 AV Preeminent Peer Review Rating (5 out of 5), Martindale-Hubbell (2007 to present). Graduate, National Institute of Trial Advocacy, Gulf Coast Regional Trial Program Member, University of Memphis Law Review Best Lawyers Award Badge DOMPDF_ENABLE_REMOTE is set to FALSE Mr. Grisham has 25 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States. Mr. Grisham has helped employers avoid charges and lawsuits with a focus on preventative practices. Preventative practices include counseling in situations involving discipline, termination, demotion, promotion and other workplace changes in the terms and conditions of employment, sexual harassment investigations, wage and hour compliance, FMLA Compliance, Reasonable Accommodation assessment, supervisor training and review of employment policies and procedures. Mr. Grisham has successfully litigated hundreds of administrative charges and employment lawsuits on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, defamation and wage and hour violations. Mr. Grisham also represents employers in the enforcement of post-employment restrictive covenants such as noncompete, non-solicitation and non-disclosure agreements and handles general civil litigation. He also has extensive experience working with insurance carriers and their insureds in the defense of EPLI claims. Mr. Grisham is a regular speaker at public seminars on workplace law issues and has authored numerous articles on a variety of employment law related topics. COURT ADMISSIONS Tennessee; Tennessee Supreme Court; United States Supreme Court; USCA Sixth, Eighth, Ninth and Eleventh Circuits; USDC Western District of Tennessee; USDC Middle District of Tennessee; USDC

3 Eastern District of Tennessee; USDC Eastern District of Arkansas; USDC Western District of Arkansas PROFESSIONAL AFFILIATIONS Tennessee Bar Association Nashville Bar Association Federal Bar Association Federalist Society for Law & Public Policy National Alliance of Public Charter School Attorneys COMMUNITY INVOLVEMENT Member, Tennessee Judicial Performance Evaluation Commission Member, Tennessee Advisory Committee to United States Commission on Civil Rights 3/2007 to present Leo Bearman, Sr. Inn, American Inns of Court, Master of the Bench (2011 to July 2014) John Marshall Inn, American Inns of Court, Master of the Bench (August 2014 to present) Nashville Bar Association (Fee Dispute Committee, Labor & Employment Section) Tennessee Bar Association (Labor & Employment Section) Tennessee Bar Association (Member, Public Education Committee) Tennessee Bar Association (Executive Council, Federal Practice Section) Tennessee Bar Association (Vice Chair, Federal Practice Section) Federal Bar Association, Memphis/Mid-South Chapter, President 2012, Officer and Board Member Federalist Society, Memphis Lawyers Chapter President (2000 to 2014) Federalist Society, Nashville Lawyers' Chapter Board of Advisors Federalist Society, Member Executive Committee Labor & Employment Practice Group (2006 to present) Federalist Society, Leader Tennessee State Court Project (2007 to 2015) Leadership Collierville, Class of 1997 Secretary, Leadership Collierville Board of Trustees (1997 to 2000) Board Member Artesian Community School Memphis (February 2013 to July 2014) Davidson County Steering Committee, YesOn2 (July 2014 to November 2014)

4 PUBLICATIONS AND LECTURES "An Update on the National Labor Relations Board's 'Micro Unit' Rule" TBA Labor & Employment Section Newsletter (March 2015)[Co-Author]. Labor Board Holds Employees Granted Access to Employer s System are Presumptively Permitted to use on Non-Worktime for Statutorily-Protected Communications TBA Labor & Employment Section Newsletter (January 2015)[Author]. "How to Protect Business Information and Customer Relationships Through Employment Agreements" Pulse Magazine (March/April 2014)[Co-Author] Dismissal of Retaliatory Discharge Lawsuit Against Car Dealership Case, LWDN Quick Flash newsletter FMLA Case Involving Retaliation and Interference Claims, LWDN Quick Flash newsletter Religious Accommodation in the Workplace: Current Trends Under Title VII, Vol. 15 Issue No. 2 Engage (October 2014)[Co-Author] Nursing assistant's pregnancy bias claim can proceed, federal court rules, Lexology (January 2014) [Co- Author] No Religious Discrimination Without Accommodation Request, Tenth Circuit rules, Lexology (October 2013) [Co-Author] Employee's Request for Funeral Leave Can Trigger Religious Accommodation Duty, Federal Appeals Court Rules, Lexology (August 2013)[Co-Author] Supreme Court Holds But-For Causation Standard Applies to Retaliation Claims Under Title VII, TBA Labor & Employment Newsletter (July 2013) [Author] Court rules employee who voluntarily resigned had no FMLA- interference claim, Lexology (June 2013) [Co-Author] Transfer to New Position Triggered Employer FMLA Liability, Court Rules, but Front Pay Too Speculative, Martindale.com (April 2013) [Co-Author] Termination Upheld Where Employee s Facebook Photos Showed She was Dishonest While on FMLA Leave, Martindale.com (March 2013) [Co-Author]

5 Sixth Circuit Upholds Firing of Nurse for Patient Charting Error: Rejects Plaintiff's FMLA, Age, Disability, and ERISA Claims, TBA Labor & Employment Law Section Newsletter (February 2013) [Author] Using Social Media in Termination Decisions: A New Illustrative FMLA Case from the Sixth Circuit, HR Professionals Magazine (December 2012) [Author] Employee s Facebook Pictures Sink FMLA Interference, Retaliation Suit against Employer, Martindale.com (Nov. 2012) [Author] No FLSA Violation Where Employers Designate Workweek to Reduce Overtime Pay, Court Rules. Martindale.com (October 2012) [Co-Author] Employee Disciplined after Complaint about Workplace Lactation Policy has FLSA Retaliation Claim, Martindale.com (July 2012) [Co-Author] Sixth Circuit Reverses Sole Cause Standard for ADA Claims, Finally Joining Other Circuits, Martindale.com (June 5, 2012)[Co-Author] Religion at Work: Balancing the rights of Employees and Employers, Vol. 42, No. 9, Tennessee Bar Journal (September 2006) [Author] The Unanticipated Consequences of Employment at Will: Proving Damages in Restrictive Covenant Enforcement Cases, Engage, Vol. 7, No. 2 (October 2006) [Co-Author] Testing the Waters of Sarbanes-Oxley Whistleblower Claims, Engage, Vol. 8, No. 1 (February 2007) [Co- Author] The Dark Side of Fare Wars: The Sixth Circuit Takes a Fresh Look at Predatory Pricing Claims Under Section 2 of the Sherman Antitrust Act, Engage, Vol. 8, No. 2 (June 2007) [Author] Defending Claims Under the Pregnancy Discrimination Act, The Job Description (DRI, Spring 2008) [Author] Title VII Retaliation Claims after White: The Struggle to Define Materially Adverse Conduct in the Context of the Reasonable Employee Standard, Engage, Vol. 10, No. 1 (February 2009) [Co-Author]

6 Retaliation Claims and Workplace Investigations: The Implications of Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee, The Job Description (DRI, Spring 2009) [Author]