John F. Birmingham Jr.
Partner
John F. Birmingham, Jr. is 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 Information Technology & Outsourcing; Privacy, Security & Information Management; and Immigration, Nationality, & Consular Law Services 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: - 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 was selected by his peers for inclusion in The Best Lawyers in America® (2011) recognizing his labor and employment work. In addition, he was named in the list of 2006 Michigan Super Lawyers for his work in the area of employment and labor. 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: - "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
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