Kathryn R. Brown
practices in the area of employment law, labor relations and litigation.
Ms. Brown counsels clients to ensure compliance with federal, state and local laws governing the workplace, including Title VII and state anti-discrimination laws, the Americans with Disabilities Act and ADAAA, the Fair Labor Standards Act and state wage and hour laws, the Family and Medical Leave Act and state leave laws, and the National Labor Relations Act.
She represents employers in federal and state court litigation and before administrative agencies. Ms. Brown has experience representing clients in fast-paced preliminary injunction matters involving restrictive covenants and trade secret misappropriation. She also represents clients before administrative agencies, including the Equal Employment Opportunity Commission, in matters involving charges of age, sex, national origin, and religious-based discrimination and retaliation.
In the area of labor relations, Ms. Brown has experience in federal appellate litigation and grievance arbitration challenging employee terminations under federal labor law and applicable collective bargaining agreements. She also has successfully defended a nursing home client against a Temporary Restraining Order and Motion for Preliminary Injunction filed by a Union. Additionally, Ms. Brown provides legal analysis to union and non-union employers on compliance with the NLRA.
Ms. Brown also assists clients in the development of employee handbooks and a variety of personnel policies. She has a special interest in social media, and in 2012, she published a note in the Vanderbilt Journal of Entertainment Law & Technology on the use of Facebook evidence in litigation, which has been cited by a court and legal authorities including the American Bar Association Section of Litigation.
Ms. Brown assists in the drafting and review of executive employment and severance agreements, as well as non-compete, non-solicitation, non-disclosure and severance agreements.
Ms. Brown's pro bono practice includes representing applicants for U.S. citizenship before the U.S. Citizenship and Immigration Service, as well as serving as a Volunteer Attorney for the Philadelphia Volunteer Lawyers for the Arts. She also volunteers as an alumni interviewer for Vanderbilt University Law School.
During 2013, Ms. Brown served as law clerk to the Hon. Gene E.K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania. She is a 2012 graduate of Vanderbilt University Law School and a 2007 graduate of the University of Pennsylvania, where she received a B.A. in History, magna cum laude.
•Duane Morris LLP
- Associate, 2012-present
- Summer Associate, 2011
•U.S. District Court for the Eastern District of Pennsylvania
- Law Clerk to the Hon. Gene E.K. Pratter, 2013
•Pursuant to court appointment, successfully advocated before state parole board for parolee to remain in mental health treatment programs rather than have parole revoked for parole violation.
•Represented a Russian citizen and domestic violence survivor in obtaining lawful permanent residency in the United States under the Violence Against Women Act.
•Represented a disabled Jamaican citizen and long-time lawful permanent resident in achieving his goal of U.S. citizenship. She successfully advocated for her client to be exempt from the reading and writing portions of her client's citizenship examination, based on his disabilities.
•Represented lawful permanent resident, originally from the Cayman Islands, in successfully passing her citizenship examination and obtaining U.S. citizenship.
•Co-author, How the New Overtime Rules Will Impact Employers Nationwide, Duane Morris Alert, May 20, 2016
•Co-author, OFCCP Implements New Directive on Functional Affirmative Action Programs, Duane Morris Alert, May 20, 2016
•Co-author, Navigating Pennsylvania's New Medical Marijuana Act: What Employers Need to Know, Duane Morris Alert, May 17, 2016
•Author, Philadelphia Expands Ban the Box Ordinance to Further Restrict the Consideration of Criminal Background Records in Hiring Decisions, Duane Morris Alert, December 22, 2015
•Co-author, Considerations for Employers in Light of Supreme Court's Ruling Requiring All States to Recognize Same-Sex Marriage, Duane Morris Alert, June 29, 2015
•Co-author, New Jersey Supreme Court Rules on Proper Test for Determining Independent Contractor Status, Duane Morris Alert, January 20, 2015
•Author, 4 Risks Employers Face With One-Size-Fits-All Dress Codes, Law360, April 30, 2014
•Co-author, How to Hire and Fire: A Global Guide, 4th Edition (USA - Delaware, 2013)
•Co-author, New Jersey Joins Growing Number of Jurisdictions Banning Employers from Requesting Access to Social Media Accounts, Duane Morris Alert, September 3, 2013
•Contributing Researcher, Medical Marijuana and the Workplace, Employment Relations Today, April 2013
•Co-author, Hospitals Must Re-Evaluate Subcontractor Status, Law360, April 16, 2013
•Author, Landmark Ruling Expands OFCCP Subcontractor Coverage to Healthcare Providers, Duane Morris Alert, April 3, 2013
•Co-author, New Forms for FCRA Background Checks Effective January 1, 2013, Duane Morris Alert, November 2, 2012
•Author, Dispute over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies, Duane Morris Alert, November 1, 2012
•Author, The Risks of Taking Facebook at Face Value: Why the Psychology of Social Networking Should Influence the Evidentiary Relevance of Facebook Photographs, 14 Vand. J. Ent. & Tech. L. 357 (2012)
Selected Speaking Engagements
•Speaker, Recent NLRB Decisions That Impact both Union and Non-Union Employers, Duane Morris' Developments in Workplace Law and Practice 2016, Philadelphia, May 11, 2016
•Panelist, Managing Your Career and Creating a Professional Development Plan, Duane Morris, Philadelphia, March 23, 2016
•Speaker, Federal Wage and Hour Rules and Pennsylvania Background Check Rules for Child Safety, 2015 Annual Lawyer/Chief Executive Conference, Pennsylvania Rural Electric Association, State College, Pennsylvania, October 8, 2015
•Speaker, Limiting Litigation Risks and Costs (and Promoting Positive Employee Relations), Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
•Speaker, The NLRB's New Election Rules and Other Rules about Rules, Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
•Co-presenter, Strategies to Consider in a Termination that Might Go to Trial, Duane Morris Institute Seminar, Philadelphia, October 22, 2014
•Speaker, Background Checks: Criminal, Credit and Social Media, Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
•Co-presenter, Trying a Labor Arbitration Case, Duane Morris, Philadelphia, November 18, 2013
•Co-presenter, Religious Accommodations: Clash of Rights, Duane Morris Institute Seminar, Philadelphia, November 6, 2013
•Co-presenter, Practical Tips for Drafting Severance Agreements, Duane Morris, Philadelphia, December 17, 2012