John F. Birmingham, Jr. is a member of Foley's Management Committee, former chair of the firm's Labor & Employment Practice and a partner in the Detroit office. Mr. Birmingham concentrates on class actions, non-competition and trade secrets matters, employment-related litigation, and labor law. He regularly counsels clients on a vast array of labor and employment issues and develops problem prevention and resolution strategies. In addition, he is a member of the Privacy, Security & Information Management and Immigration, Nationality & Consular Law Practices, and the Automotive Industry Team.
He has successfully handled class actions, arguments before the Michigan Supreme Court and Michigan Court of Appeals, United States Court of Appeals for the Sixth Circuit, and a Writ of Certiorari to the United States Supreme Court. He has also represented clients on unfair labor practice charges before the National Labor Relations Board and the United States Court of Appeals. Mr. Birmingham represents clients at trial, administrative tribunals, arbitration or other ADR format involving a wide variety of cases (EEO, ADA, ERISA, FMLA, common law contract and torts, and several other areas).
Representative Class/Collective Actions:
· Represented Fortune 50 pharmacy benefits management company in large tortious interference/corporate raiding/trade-secret/non-compete case resolved favorably in 2012 after extensive litigation;
· Secured injunction for auto-motive manufacturer in non-compete/trade secret matter involving solicitation;
· Defense of OEM in nationwide consumer fraud class action involving Onstar technology;
· Defense of HVAC manufacturer and distributor in ERISA pension calculation class action;
· Representation of Tier I automotive supplier in age discrimination and promotion class action;
· Representation of Tier I automotive supplier in age discrimination and reduction in force collective action;
· Defense of automotive supplier in class action involving ERISA pension accrual claim;
· Representation of supplier in 11 Plaintiff harassment case; and
· Representation of home builder in FLSA wage and hour action.
Mr. Birmingham has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and has been selected by his peers for inclusion in The Best Lawyers in America® since 2011 recognizing his labor and employment work. In addition, he was selected for inclusion in the 2006, 2010, 2011, 2012 and 2013 Michigan Super Lawyers®.
He is a member of the American Bar Association, Detroit Bar Association, Oakland County Bar Association, the State Bar of Michigan, as well as the Federal Bar Association and the Rochester Chamber of Commerce. He also is admitted to practice in the United States Court of Appeals for the Sixth Circuit, and the United States District Court for the Eastern and Western District of Michigan.
Mr. Birmingham obtained his J.D., magna cum laude, and Order of the Coif, from the University of Michigan Law School, and received his B.A., with honors, at Michigan State University.
Mr. Birmingham frequently presents seminars for clients, chambers of commerce, industry groups and other organizations. He authored a chapter in the book Resolving Employee Disputes & Litigation titled, "A Strategic Approach to Achieving the Best Results in Resolving Employment Disputes." His other publications include:
· "It's Time to Reinvest in Michigan Manufacturing," Detroit Free Press, October 31, 2013
· "Next-Generation Manufacturers Must Protect Secrets," Law360, September 24, 2013
· "If You Want Your Employees to be Accessible 24-7: Be Prepared to Pay," Michigan Lawyers Weekly, November 2011
· "Social Media and the Workplace: Twittering Away Trade Secret and Confidential Information," Supply Management, March 2011
· "Preserving the Attorney-Client Privilege in the Employment Environment," Michigan Bar Journal, January 2009
· "The Interactive Accommodation Process: Cooperate or Pay the Price," Michigan Bar Journal, October 1998
· "After 'After-Acquired Evidence': Current Status and Issues," Labor and Employment Law Notes, Spring 1997