James A. McKenna is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. He specializes in the litigation of employment disputes, including class actions, wage and hour claims, Fair Credit Reporting Act claims, and non-competition counseling and litigation.
Mr. McKenna has over 30 years of experience in civil litigation, representing small and mid-sized businesses, as well as Fortune 500 companies, in a wide range of complex matters involving: commercial litigation, labor and employment, class action and derivative litigation, trade secrets and unfair competition, arbitration and mediation, bankruptcy and workout litigation, antitrust, and intellectual property.
Mr. McKenna has handled employment discrimination claims at the state and federal levels. Among other things, he was co-lead trial counsel and argued the appeal in Kirkpatrick v. Pfizer, Inc., 2010 U.S. App. Lexis 16484 (10th Cir. 2010), was lead defense counsel during the trial in EEOC v. Chicago Miniature Lamp, 947 F.2d 292 (7th Cir. (1991), and personally tried 27 individual reinstatement claims in a nationwide Title VII class action.
Mr. McKenna also has substantial experience in class action and derivative litigation, in which he has defended claims brought under federal and state wage and hour laws, the Fair Credit Reporting Act, employment discrimination laws, ERISA, the securities laws, and state fraud and consumer protection laws. His clients in this area have included General Dynamics, Gulfstream Aerospace, Northwest Airlines, United Airlines, Molex, and the trustees of a large pension fund.
Mr. McKenna is a co-chair of the firm's Fair Credit Reporting Act (FCRA) litigation practice. He has handled the defense of numerous FCRA class actions, has counseled numerous other clients on FCRA compliance issues, and has lectured and written frequently on the FCRA and class actions.
Mr. McKenna has counseled clients and represented both plaintiffs and defendants in numerous matters involving employee covenants not to compete, theft of trade secrets, unfair competition, false advertising claims under the Lanham Act, and technology outsourcing. He also litigated one of the first cases applying the Illinois Computer Crime Prevention Law to the theft of trade secrets by a former employee. Mr. McKenna also has substantial experience trying cases in arbitrations and handling mediations.
Mr. McKenna is one of only 113 attorneys in the U.S. named to the 2007 BTI Client Service All-Star Team for Law Firms, published by BTI Consulting, the leading provider of strategic research to the legal industry. The award recognizes lawyers who deliver “the best client service to Fortune 1000 clients.” Lawyers appear on the list only when they have been named by clients in an unprompted manner through BTI's independent research.
While attending law school, he was note and comment editor of the Northwestern University Law Review.
Honors and Recognitions
•BTI Client Service All-Star (2007)
•“Conducting Background Checks in Compliance with the Fair Credit Reporting Act, ” HR Leader (HRMAC, July 2013)
•The Illinois Law of Trade Secrets (co-editor, 2007)
•“Remote access technology for your law practice, ” IBSA's Standing Committee on Legal Technology, Vol. 15, No. 2 (2007)
•“Reverse Freedom of Information Act Suits: Confidential Information in Search of Protection, ” Northwestern University Law Review, Vol. 70, Pg. 996 (1976)
•“The Constitutional Protection of Private Papers: The Role of a Hierarchical Fourth Amendment, ” Indiana Law Journal, Vol. 53, Pg. 55 (1977)
Speeches and Presentations
•“Yours, Mine and Ours: Developments in Joint Employment Law” (Chicago, October 2015)
•“An Employer's Guide to the Fair Credit Reporting Act, “ Beazley Defense Counsel Summit (Boston, July 2015)
•“Class Action Waivers for Employment Law Disputes: Where Are We and Where Do We Want to Be?” (Oakbrook, IL, May 2015)
•“Employment Screens & Background Checks and the Impact on Hiring and Termination Decisions, ” Association of Corporate Counsel (Chicago, January 2015)
•“Million Dollar Misdemeanors: Avoiding Liability for Background Checks Under Title VII and the Fair Credit Reporting Act” (Oakbrook, IL, June 2013)
•“The Ins and Outs of the Fair Credit Reporting Act” (Chicago, May 2013)
•“Employment Law Decisions, Supreme Court Term 2011-12” (Chicago and Oakbrook, IL, July 2012)
•“Class Arbitration of Employment Law Disputes After Stolt-Nielsen and Conception” (Chicago, December 2011)
•“Getting Off On the Right Foot: How to Vet Job Applicants Without Breaking the Law” (Chicago and Oakbrook, IL, July 2011)
•“Employment Law Decisions, Supreme Court Term 2009-10” (Chicago and Oakbrook, IL, July 2010)
•“Employment Law Decisions, Supreme Court Term 2008-09” (Chicago and Oakbrook, IL, July 2009)
•“Discovery in Commercial Arbitration” (Chicago, May 2006)
California Workplace Law
U.S. Supreme Court Rejects California Limitation on Arbitration Agreements with Class Action Waivers
December 29, 2015
Despite recent U.S. Supreme Court decisions strongly upholding the enforceability of class action waivers in arbitration agreements, opposition to class action waivers on both the political and legal fronts persists, especially in California.
By Mark S. Askanas and James A. McKenna
June 28, 2016
Class Action Trends Report Summer 2016
June 28, 2016
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:Your shield, their sword?Prevention pointer: Time to audit your arbitration agreement practices?Only in California?The caselaw...
May 20, 2016
Supreme Court: 'Actual Injury' Needed to Establish Standing to Sue for Violations of Fair Credit Reporting Act
May 20, 2016
Plaintiffs must show they suffered from an actual injury, not just a “bare procedural violation, ” in order to sue in federal court, the U.S. Supreme Court has ruled in its long-awaited decision in Spokeo, Inc. v. Robins, No. 13-1339 (May 16, 2016).By a 6-2 vote, the Court vacated the decision of the U.S. Court of Appeals...
March 29, 2016
Class Action Trends Report Spring 2016
March 29, 2016
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:The legislationThe caselawOther class action developmentsOn the radarWe hope you enjoy it.
In the News
May 4, 2016
The Indiana Lawyer
James McKenna Comments on Recent SCOTUS Arbitration Agreement Opinion
May 4, 2016
James McKenna comments on the recent SCOTUS opinion stating that arbitration agreements can include class waivers that prevent consumers from joining together to fight the product manufacturer or service provider in The Indiana Lawyer's “US Supreme Court ruling affirms class waivers in arbitration clauses....
August 17, 2015
Jackson Lewis Attorneys Recognized in The Best Lawyers in America 2016
August 17, 2015
WHITE PLAINS, NY (August 17, 2015) Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce 137 of the firm's attorneys have been named to the 2016 edition of Best Lawyers. In addition, 10 attorneys were named “Lawyer of the Year” in their respective...