Brian L. McDermott: Lawyer with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Brian L. McDermott


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Practice Areas
  • ......................... 50%
    Employment Litigatio...
  • ......................... 20%
    Labor and Employment
  • ......................... 10%
    Management Labor Law
  • ......................... 10%
    ERISA Litigation
  • ......................... 10%
    Class Action Defense
Other Areas of Law

Civil Rights Defense Law,Employee Benefits Litigation,Employment Discrimination,Covenants Not to Compete,Age Discrimination in Employment,Employment Arbitration,Employment Disability Discrimination,Labor Arbitration,Litigation of Restrictive Covenants,Labor Strikes,Wage and Hour Law
Contact InfoTelephone: 317-916-2170
Fax: 317-916-9076
University Loras College, B.A., magna cum laude, 1988
Law SchoolUniversity of Iowa, J.D., with distinction, 1991
Admitted1992, Indiana and U.S. District Court, Northern and Southern Districts of Indiana; 1995, U.S. Court of Appeals, Seventh Circuit; 1999, Iowa; 2004, U.S. District Court, Northern District of Iowa and U.S. District Court, Northern District of Ohio

Fellow, College of Labor and Employment Labors (2014); 2011 Samuel C. Schlosser Indiana Chamber Volunteer of the Year. Listed: Indiana Super Lawyer (2004-2012); The Best Lawyers in America (2005-2014); Best Lawyers, 2014 Indianapolis Litigation - Labor & Employment Lawyer of the Year; Chambers and Partners USA, Leaders in Your Field (2004-2006, 2008-2014). Co-Editor: FMLA Guide: Everything Indiana Employers Need to Know About the FMLA, Indiana Chamber of Commerce (2009) (2nd Edition); Co-Author: "Indiana Employers' Guide to the ADA and FMLA", Indiana Chamber of Commerce (2001, 2003); Co-Editor, "The Employment and Labor Law Handbook for Indiana Lawyers", Indiana State Bar Association, Employment and Labor Law Section (2005); Co-Author, "Interviewing Guide, Designed to Assist Indiana Employers with Hiring and Retaining Employees", Indiana Chamber of Commerce (2005); Co-Author, "Religion in the Workplace: A Guide for the Indiana Employer", Indiana Chamber of Commerce (2006); Co-Author, "New Laws, New Claims, New Policies? Workplace Bullying", For the Defense, In-House Defense Quarterly, DRI (2008); Co-Author, "Avoiding FLSA Disaster: FLSA Risk Areas for PEOs", National Association of Professional Employer Organizations (2008); Privacy in the Workplace, Issues for PEOs and Their Clients, HR practices & strategies, PEO Insider, NAPEO (2008); Author, "Seventh Circuit Side-Steps Need to Decide FMLA Eligibility-by-Estoppel Claim", HR Spotlight, Council in Education Management (2008); "The Constitutionality of Canon 7(B)(1)(c) of the Code of Judicial Conduct: Free Speech Rights of Judges", 25 Creighton Law Review 855 (1992); Note, "Defending the Defenseless: Murray v. Giarratano and the Right to Counsel in Capital Proceedings", 75 Iowa Law Review 1305 (1990); Chapter, How Arbitration Works, Alan Mills Ruben et al. eds., BNA Books (6th Edition 2001). Note and Comment Editor, Iowa Law Review, 1990-1991. Law Clerk, Honorable Donald J. Porter, U.S. District Court, District of South Dakota, 1991-1992. Member, Human Resources and Labor Committees, Indiana Chamber of Commerce.

Reported CasesBryant v. Honeywell International, Inc., No. 3:11 CV 495, 2014 WL 1316949 (N.D. Ind. Mar. 28, 2014); Reynolds v. General Revenue Corp., No. 1:12-CV-115-WTL-DKL (S.D. Ind. June 6, 2013); Peoples v Veolia Water North American Operating Servs., LLC, No. 3:11-CV-127, 2013 WL 250550 (S.D. Ohio Jan. 23, 2013); Chastain v. AT&T, 2010 WL 5349810, 17 Wage & Hour Cas.2d (BNA) 40 (S.D. Ind. 2010); Dougherty v. Indiana Bell, 440 F.3d 910 (Ind. Ct. App., 2006); Smith v. Meijer, Inc., 858 N.E.2d 693 (Ind. Ct. App. 2007); Cox v. SBC, 816 N.E.2d 481 (Ind. Ct. App. 2004); Richter v. Hook-SuperX, Inc., 142 F.3d 1024 (Ind. Ct. App., 1998); Hartman v. Hook-SuperX, Inc., 42 F.Supp.2d 854 (S.D. Ind. 1999); Austin v. Wal-Mart Stores, 20 F.Supp.2d 1254 (N.D. Ind. 1998); Coats v. Kraft Foods, Inc., 12 F.Supp.2d 862 (N.D. 1998); Richter v. Revco D.S., Inc., 959 F.Supp. 999, 1997 WL 151162 (S.D. Ind. 1997).

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Indiana Court Finds Employee’s Attempt At Humor Was Not Protected Religious Expression
Brian L. McDermott, December 17, 2013
Ronald Ogle worked as a Community Employment Specialist for the Indiana Department of Workforce Development (IDWD). On November 10, 2012, he forwarded to his coworkers an email that included a picture of a barbeque restaurant named “Little Pigs Genuine Pit.” The restaurant’s...

Avoiding Mistletoe Mishaps, Part IV: 20 Tips For A Festive, Safe, Non-Litigious Office Holiday Party
Amanda C. Couture,Brian L. McDermott, December 5, 2013
As 2013 comes to an end, we have been considering a number of workplace issues that employers might face at the end of the year and the beginning of the holiday season. In parts one, two, and three of this blog series, we covered employers’ chief concerns when hiring a seasonal workforce,...

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Brian L. McDermott

Suite 4600, 111 Monument Circle
IndianapolisIN 46204


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