Jimmy is a partner in the firm’s Labor and Employment practice group. His practice focuses on labor and employment law matters, including litigation. In his labor practice, Jimmy represents unionized companies in collective bargaining, and arbitrations, and in National Labor Relations Board matters. His practice includes representation of national and international companies with operations across the United States. He also represents non-unionized employers in the development of strategies designed to help those employers remain non-union by advising them on labor and employee relations through issue assessment, supervisory training, advice and counsel with respect to policy development, and lawful/positive communications; where necessary, he advises and counsels employers during union organizing campaigns.
In employment litigation matters, Jimmy represents employers in a wide variety of employment matters, including defense of wrongful discharge claims; breach of employment contracts; disability, age, race, national origin, religion, gender and other discrimination claims, including claims for sexual harassment; claims for relief under the Family Medical Leave Act and Fair Labor Standards Act; and defamation, among other tort claims arising from the employment relationship. Jimmy also counsels employers concerning personnel policies and workplace issues, including leave, benefits, severance, wage and hour obligations, employee discipline, affirmative action plans and employment discrimination matters.
Jimmy is committed to public service matters. His public interest work is significant and varied, and includes: representation of the indigent in custody and other domestic relations matters; providing pro bono simple wills, advance medical directives and powers of attorney to First Responders through the Virginia State Bar Young Lawyers Conference; and putting on multiple Senior Citizen Seminars over-viewing the pertinent and changing laws and programs affecting senior citizens in Virginia.
Jimmy is the former President of the Virginia State Bar, Young Lawyers Conference, and the former President of the Virginia Association of Defense Attorneys, Young Lawyers Division. He is also the Co-Chair of the Troutman Sanders Richmond office's Diversity Committee.
Representative Experience
Labor
Represented a top 20 North American Refrigerated Warehousing Company in several unfair labor practice claims resulting in a very favorable outcome for the company.
After several months of a strike, and lock out and being brought in at the 11th hour, successfully negotiated collective bargaining agreement for global integrated producer of chemicals and advanced materials for a facility that had gone without a contract for 4 years.
Successfully represented the global leader in packaging and packaging solutions for the cosmetic and personal care, healthcare and pharmaceuticals, food and beverage company in a three week unfair labor practice trial before an Administrative Judge from the Department of Labor.
Represented a global integrated company operating on five continents in an unfair labor practice matter, resulting in a favorable outcome for the client.
Successfully represented the preferred global leader of advanced energy and operational solutions in union organizing campaign.
Employment Litigation
Obtained summary judgment for management company in a case brought by several plaintiffs alleging race discrimination.
Obtained summary judgment for preferred global leader of advanced energy and operational solutions in an unusual Title VII ADA lawsuit in which the plaintiff claimed she was regarded as disabled by the company.
Obtained summary judgment for the world leader in specialty glass and ceramics in a Title VII race discrimination lawsuit.
Obtained summary judgment for the worlds’ largest retailer in a Title VII sexual harassment lawsuit.
Successfully mediated a very challenging negligent retention, negligent hiring case for a premier transportation company wherein the client’s damages claimed exceeded 5 million dollars.
Successfully defended a health care provider at trial in a $3 million matter wherein the plaintiff alleged the employer’s policies and procedures caused her irreparable harm. After a week long trial, the jury deliberated for less than 2.5 hours and returned a defense verdict.
Successfully defended a health care provider in an unusual matter wherein the plaintiff alleged that the health care provider knew, should have known and should have warned the plaintiff of its employee’s previous negative surgical outcomes. No offer was made prior to the trial; the demand by the plaintiff was $600,000. The jury deliberated for less than 2 hours and returned a defense verdict.
Successfully defended a health care provider in a hybrid employment law/medical malpractice matter wherein the plaintiff sued the defendant for 2.5 million dollars alleging that the employer was responsible for the wrongful death of plaintiff’s decedent because of the employer’s hiring and promotion practices. After a week long trial, the jury deliberated for less than 2 hours and returned a defense verdict.
After three days of trial, successfully argued and had sustained a Motion to Strike for a Healthcare provider in a matter wherein the plaintiff alleged the employer failed to properly staff and train its employees who were the plaintiff’s co-workers.
Publications, Presentations and Speaking Engagements
Speaker - "Being the Citizen Lawyer," Troutman Sanders College of Excellence, Richmond, Virginia, July 2010.
Speaker - "Opening Statements 101," Virginia State Bar YLC, Richmond, Virginia, July 2010.
Speaker - "Social Media & Diversity - Leverage or Liability - The Pros & Cons," University of Richmond Lecture Series Part II, July 2010.
Speaker - "Blame It On The Economy - The Dwindling Diversity Effort," University of Richmond Lecture Series Part I, June 2010.
Speaker - "The Legal Landscape of Independent Contractors and Contingent Workers," Richmond SHRM, Richmond, Virginia, June 2010.
Speaker -"What Employers Need To Know," Health Care Reform & Employment Law Seminar, Virginia Automobile Dealers Association, Richmond, Virginia, June 2010.
Speaker – 2010 William and Mary BLSA Seminar Series – Williamsburg, Virginia, “Employment Law 101 for the Newly Minted Lawyer,” February 2010.
Speaker – 2009 Annual Labor & Employment Seminar Richmond, Virginia, “ GINA, RESPECT ACT, ENDA, & the New FMLA,” November 2009.
Speaker - 2009 National Employment Law Council Annual Meeting, Miami, FL, “How Newly Proposed Legislation Will Change the World of Labor,” May 2009.
Speaker – 2008 ABA–CLEO/ Thurgood Marshall Mid Summer Professional Development Seminar, Chicago IL, June 2008.
Speaker – Annual Labor and Employment Law Update, Richmond, Virginia, September 2007.
Speaker & Author - Freedom of Expression in the Workplace: Employment Law Seminar Roanoke, Virginia, January 2007.
Speaker & Author - Current Trends in the Law – Virginia Judicial Conference, Williamsburg, Virginia, September 2006.
Speaker & Author - Employment Law Update, Charlottesville, Virginia, May 2006.
Speaker – Employment and Legal Issues in Behavioral Health in Virginia, Richmond, Virginia April 2005.
Speaker - Employment Records Update: Confidentiality, Release of Information, HIPPA: Richmond, Virginia March 2005, March 2004.
Speaker & Author - Minorities in the Law, Presented at Law Forums at Virginia Polytechnic University, Hollins University, and Roanoke College, 1999-2002.
Speaker & Author - Finding the Needle in the Hay Stack - The Road to the Smoking Gun Documents, Roanoke, Virginia, May 2001.
Panelist - Legal Liabilities for Board Members of Non-Profit Organizations, Presented at Roanoke's United Way Minority Leadership Enhancement Program, Roanoke, Virginia, 2000-2002.
Teaching Experience
Adjunct Professor, University of Richmond: 2007 - present. Subjects:
Employment Law and Policy
Labor Law
Employment Law for the Human Resource Manager