David A. James - nilanjohnson.com
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David A. James Shareholder Contact: Phone: 612.305.7573 Email: [email protected] Biography Dave's strength lies in his practical advice designed to meet clients' objectives, not frustrate them. He understands that his clients need creative solutions—which are rarely the most conservative path—so he works hard to design answers that both achieve objectives and mitigate risk. Dave especially enjoys helping clients transform themselves by designing and implementing complex policies or transactions, navigating challenging collective bargaining agreements, and resolving complicated litigation. His clients consider Dave an extension of their human resources and labor relations, a true partner. If Dave isn't at home or a park with his wife and two boys, you might find him golfing, curling, or dreaming of his next trip abroad (as soon as his boys permit it). Education University of Minnesota Law School, J.D., magna cum laude, Order of the Coif, 2004 Wake Forest University, B.A., magna cum laude, 2001 Bar Admissions Minnesota State Courts U.S. District Court (District of Minnesota, Western District of Michigan, Northern District of Florida) Court of Appeals, 8th Circuit Key Practice Experience Preventive Employment Counseling • Labor Management Relations • Affirmative Action Plans and OFCCP Compliance • Federal Contract Compliance • Discrimination Defense • Leave of Absence and Disability Advice/Defense • FLSA/Wage-and-Hours Defense • Reductions in Force • EEOC/Class Expertise •
Transcript of David A. James - nilanjohnson.com
David A. James
Shareholder
Contact:
Phone: 612.305.7573Email: [email protected]
Biography
Dave's strength lies in his practical advice designed to meetclients' objectives, not frustrate them. He understands that hisclients need creative solutions—which are rarely the mostconservative path—so he works hard to design answers that bothachieve objectives and mitigate risk.
Dave especially enjoys helping clients transform themselves bydesigning and implementing complex policies or transactions,navigating challenging collective bargaining agreements, andresolving complicated litigation. His clients consider Dave anextension of their human resources and labor relations, a truepartner.
If Dave isn't at home or a park with his wife and two boys, youmight find him golfing, curling, or dreaming of his next trip abroad(as soon as his boys permit it).
Education
University of Minnesota Law School, J.D.,magna cum laude, Order of the Coif, 2004
Wake Forest University, B.A., magna cumlaude, 2001
Bar Admissions
Minnesota State Courts
U.S. District Court (District of Minnesota,Western District of Michigan, Northern Districtof Florida)
Court of Appeals, 8th Circuit
Key Practice Experience
Preventive Employment Counseling• Labor Management Relations• Affirmative Action Plans and OFCCP Compliance• Federal Contract Compliance• Discrimination Defense• Leave of Absence and Disability Advice/Defense• FLSA/Wage-and-Hours Defense• Reductions in Force• EEOC/Class Expertise•
Key Industry Experience
Retail• Manufacturing• Nonprofit• Health Care• Financial Services and Insurance• Hospitality•
Representative Matters
Reductions in force: Constructed and executed major reductions in force for various Fortune500 companies and organizations of all sizes across industries.
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Labor relations: obtained favorable results in numerous greivance arbitrations and contractnegotiations.
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Department of Labor investigations: Defended various wage and hour investigations tofavorable resolutions.
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Drafted numerous affirmative action plans, independently and partnering with vendors, asappropriate.
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Olukayode v. UnitedHealth, Obtained denial of conditional certification in anindependent-contractor misclassification case involving at-the-elbow consultants. This matteris still in litigation.
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Martin v. Wells Fargo: Created ground-breaking precedent expanding the investigationsexemption to the Fair Credit Reporting Act.
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Ramquist v. Target Corporation: Obtained summary judgment and total dismissal in an agediscrimination lawsuit.
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Stroud et al v. Target Corporation: Defended Target against a putative nationwide class actionalleging misclassification of warehouse executives under the FLSA. Defeated plaintiffs’ motionfor conditional class certification.
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Gifford et al v. Target Corporation: Defended Target against a putative nationwide class actionalleging misclassification of store executives under the FLSA. Secured voluntary dismissal ofclass claims and favorable resolution of individual claims.
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Schlau v. Restaurant Technologies, Inc.: Obtained favorable settlement of age and sexdiscrimination claims.
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Lehman v. UnitedHealth Group: Obtained Rule 12 dismissal of discrimination and retaliationclaims, along with dismissal of defamation claim premised on unprecedented argument.
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Geving v. Univita Health, Inc.: Defended Univita against a putative class action allegingmisclassification. Efficiently limited class and obtained favorable resolution.
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EEOC v. Target Corporation: Defended Target against a class claim by the Philadelphia EEOCoffice alleging racial discrimination in hiring, promotion, discipline and discharge as well asrace-based harassment. Successfully concluded the defense with a favorable settlement.
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Primary Surgical v. Smith & Nephew, Inc.: Defeated motion for temporary restraining orderagainst Smith & Nephew. Obtained favorable settlement thereafter.
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Magnuson v. LCA Vision, Inc.: Obtained early favorable settlement of pregnancy discriminationclaim.
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Johnson v. Peterson: Obtained Rule 12 dismissal of employer negligence claims; affirmed onappeal.
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H&R Block Enter., Inc. v. Short: Enforced restrictive covenants against former employee;recovered liquidated damages and attorneys’ fees.
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Recognitions and Honors
Selected in Rising Stars by Minnesota Super Lawyers (2007 – present)• Phi Beta Kappa, Wake Forest University• Order of the Coif, University of Minnesota Law School•
Publications and Presentations
Numerous corporate and manager trainings for best practices and compliance (2010 –present)
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“Whirlwind Tour of Employment and Labor Law FAQs,” Farm Equipment ManufacturersAssociation Spring Conference (April 2014)
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“Ahead of the Class: Staying One Step Ahead of Various Federal Initiatives,” SHRM chaptermeeting (September 2013)
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“Introduction to Separation Agreements,” SHRM chapter meeting (June 2011)• “Worker Classification: Employee or Independent Contractor?” Twin Cities Human ResourcesAssociation Spring Conference (May 2011)
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“The NLRB and Your Workplace,” Farm Equipment Manufacturers Association SpringConference (April 2011)
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“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)
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White Collar Exemptions, audio conference on FLSA classification, Workplace HR & Safety(November 2009)
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“Beyond the Time Clock: Blackberries and the Non-exempt Workforce,” Corporate Counsel’sRecords Retention Report (November 2009); Employment Litigation Reporter (August 2009)
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“Out with the Old: The ADA Amendments Act and new FMLA Regulations,” Compliance Today(May 2009)
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Congress Retaliates: The ADA Amendments Act and Its Impact on Management, audioconference on ADA Amendments, Workplace HR & Safety (December 2008)
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“Check Your Separation Agreements,” Nilan Johnson Lewis Top Story, www.nilanjohnson.com(August 2008)
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Professional Associations
American Bar Association• Minnesota State Bar Association• Minnesota Defense Lawyers Association• Society for Human Resource Management• Twin Cities Human Resources Association•
Community Engagement
Member of Edina School District Early Childhood Special Education Site Council•
