John R. FitzGerald

Associate

John R. FitzGerald

Associate

John (Jack) R. FitzGerald is an associate and litigation lawyer with Foley & Lardner LLP, based in the firm’s Milwaukee office, where he is a member of the firm’s Labor & Employment Practice Group. Jack represents employers in state and federal court, and before administrative bodies, in a wide range of labor and employment matters, including those involving discrimination and retaliation, non-compete/unfair competition and trade secrets, and wage & hour class actions. Jack’s practice also involves defending and advising employers on safety and health-related matters under the Occupational Safety & Health Act (OSHA) and counseling clients on non-compete issues.

Presentations and Publications

  • Sane, Manipulative Self-Harm: When Hostage and Hostage Taker Become One, 123 W. Va. L. Rev. 583 (2021)
  • Non-Merit-Based Tests Have No Merit: Restoring District Court Discretion Under § 1915(e)(1), 93 Notre Dame L. Rev. 2169 (2018), cited by the United States Court of Appeals for the Seventh Circuit in Watts v. Kidman, 42 F.4th 755 (7th Cir. 2022)

Clerkships

Prior to joining Foley, Jack clerked for the Honorable Gerald Bard Tjoflat of the United States Court of Appeals for the Eleventh Circuit.  He also clerked for the Honorable Michael P. Mills of the United States District Court for the Northern District of Mississippi. While in law school, Jack interned for the Honorable William C. Griesbach of the United States District Court for the Eastern District of Wisconsin.

July 14, 2025 Labor & Employment Law Perspectives

Delaware Court Confronts Issue of First Impression: When a Company Attempts to Enforce a Noncompete Seeking Only Damages, Does the Same Reasonableness Analysis Apply?

In Fortiline, Inc. v. McCall, the plaintiffs sought to enforce a noncompetition agreement against its former employees through a...
July 7, 2025 Labor & Employment Law Perspectives

Florida Bucks Trend, Enacts New Employer-Friendly Noncompete Statute

While the recent trend across the country has been to restrict noncompete agreements, Florida has just made it easier for employers to...
June 30, 2025 Labor & Employment Law Perspectives

Physician Noncompetes: Texas Restrictions Apply to Dentists, Physicians’ Assistants, and Nurses 

On June 20, 2025, Texas Governor Greg Abbott signed into law Senate Bill 1318 (SB 1318), which will further restrict noncompete agreements for health care professionals in Texas, starting September 1, 2025.
June 16, 2025 Labor & Employment Law Perspectives

Indiana Adds More Restrictions on Physician Noncompete Agreements

Indiana has enacted a new law banning physician noncompete agreements with hospitals and related entities, adding to prior restrictions passed in 2020 and 2023. Learn what this means for healthcare employers.
May 5, 2025 Labor & Employment Law Perspectives

Physician and Health Care Noncompete Law: New Legislation in 2025

It has been a busy year for health care noncompete legislation. Multiple states have enacted legislation, set to take effect in 2025, banning or limiting noncompete agreements for physicians and other health care workers.
January 27, 2025 Labor & Employment Law Perspectives

Noncompete Agreements: Updated Income Thresholds for 2025

As our readers know, in 2024 the Federal Trade Commission’s proposed regulation to eliminate almost all noncompete agreements did not come to fruition — at least for now.