Education: University of Minnesota Law School
Degree: JD
Year: 2004
Honors: Order of the Coif, magna cum laude

Key Practice Experience

• Preventive employment counseling
• Wrongful termination defense
• Employment agreements, including restrictive covenants
• FMLA and ADA compliance
• Fair Labor Standards Act/wage and hour
• Labor advice
• Reductions in force, OWBPA and WARN Act
• Employee/contractor classification
• Fair Credit Reporting Act
• Government/class litigation

Key Industry Experience

• Retail
• Health Care
• Financial Services and Insurance
• Manufacturing
• Hospitality

Representative Cases/Transactions

• Stroud et al v. Target Corporation: Defended Target against a putative nationwide class action alleging misclassification of warehouse executives under the FLSA. Defeated plaintiffs’ motion for conditional class certification.
• Gifford et al v. Target Corporation: Defended Target against a putative nationwide class action alleging misclassification of store executives under the FLSA. Secured voluntary dismissal of class claims and favorable resolution of individual claims.
• Schlau v. Restaurant Technologies, Inc.: Obtained favorable settlement of age and sex discrimination claims.
• Lehman v. UnitedHealth Group: Obtained Rule 12 dismissal of discrimination and retaliation claims, along with dismissal of defamation claim premised on unprecedented argument.
• Geving v. Univita Health, Inc.: Defended Univita against a putative class action alleging misclassification. Efficiently limited class and obtained favorable resolution.
• EEOC v. Target Corporation: Defended Target against a class claim by the Philadelphia EEOC office alleging racial discrimination in hiring, promotion, discipline and discharge as well as race-based harassment. Successfully concluded the defense with a favorable settlement.
• Primary Surgical v. Smith & Nephew, Inc.: Defeated motion for temporary restraining order against Smith & Nephew. Obtained favorable settlement thereafter.
• Reductions in force: Constructed and executed major reductions in force for Fortune 500 companies.
• Department of Labor investigation of Accurate Homecare: Defended Department of Labor wage and hour investigation, resulting in favorable resolution.
• Department of Labor investigation of Building Resources Corporation: Defended Department of Labor wage and hour investigation, resulting in favorable resolution.
• Magnuson v. LCA Vision, Inc.: Obtained early favorable settlement of pregnancy discrimination claim.
• Johnson v. Peterson: Obtained Rule 12 dismissal of employer negligence claims; affirmed on appeal.
• H&R Block Enter., Inc. v. Short: Enforced restrictive covenants against former employee; recovered liquidated damages and attorneys’ fees.

Professional Recognitions/Honors

• Selected in Rising Stars by Minnesota Law and Politics Magazine (2011, 2010, 2009, 2008, 2007)

Selected Publications/Presentations

• “Introduction to Separation Agreements,” SHRM chapter meeting (June 2011)
• “Worker Classification: Employee or Independent Contractor?” Twin Cities Human Resources Association Spring Conference (May 2011)
• “The NLRB and Your Workplace,” Farm Equipment Manufacturers Association Spring Conference (April 2011)
• “White-Collar Exemptions,” SHRM chapter meeting (September 2010)
• Summary Guide to Minnesota Statutes Ch. 181, co-authored with Joseph G. Schmitt, Minnesota CLE, Inc. (May 2010)
• White Collar Exemptions, audio conference on FLSA classification, Workplace HR & Safety (November 2009)
• “Beyond the Time Clock: Blackberries and the Non-exempt Workforce,” Corporate Counsel’s Records Retention Report (November 2009); Employment Litigation Reporter (August 2009)
• “Out with the Old: The ADA Amendments Act and new FMLA Regulations,” Compliance Today (May 2009)
• Congress Retaliates: The ADA Amendments Act and Its Impact on Management, audio conference on ADA Amendments, Workplace HR & Safety (December 2008)
• “Check Your Separation Agreements,” Nilan Johnson Lewis Top Story, www.nilanjohnson.com (August 2008)

Professional Associations

• American Bar Association
• Minnesota State Bar Association
• Minnesota Defense Lawyers Association
• Society for Human Resource Management
• Twin Cities Human Resources Association

Community Involvement

• Member of Edina School District Early Childhood Special Education Site Council

Bar Admissions

• Minnesota State Courts
• U.S. District Court for the District of Minnesota
• U.S. District Court for the Western District of Michigan
• U.S. District Court for the Northern District of Florida
• Eighth Circuit Court of Appeals

Other Education

• B.A., Wake Forest University, magna cum laude and Phi Beta Kappa