Brooke C. Bahlinger
Associate
Brooke Bahlinger is a skilled litigator who helps companies defend employment claims and protect their trade secrets and confidential information.
Brooke represents clients in all aspects of labor and employment matters, including pleadings and motion practice, discovery, mediation, settlement, trial and appeal. Brooke also has experience litigating and presenting complex matters to government agencies, including the EEOC, DOL and NLRB. Brooke also advises clients in mergers and acquisition matters.
Brooke has successfully defended companies against claims exceeding US$5 million. She maintains an active trial docket while also providing necessary business counseling.
Representative Experience
Discrimination, Harassment, and Retaliation
- Represented numerous companies in many instances of litigation and EEOC charges filed by former employees alleging race, disability, FMLA, age, religion, sex and national origin discrimination, harassment and retaliation.
Workers’ Compensation
- Successfully defended a non-subscriber company in a 5-day jury trial against claims for negligence, loss of consortium and loss of household services.
- Conducted direct examination of several company witnesses
- Conducted cross examination of one plaintiff
Constitutional Claims
- Prevailed on summary judgment in the defense of five constitutional law claims for healthcare provider.
Unfair Competition/Trade Secrets/Restrictive Covenants
- Prosecuted and defended several temporary restraining order or temporary injunction proceedings, primarily focusing on trade secret misappropriation.
Strategic Consultations
- Conducted many confidential company investigations reporting directly to the C-suite, with matters including harassment, discrimination, and retaliation.
- Advised clients regarding new laws affecting their workplaces.
- Drafted several employment agreements and handbooks.
Awards and Recognition
- Foley Receives 29 National Tier 1 Practice-Area Rankings in 2023 U.S. News – Best Lawyers ‘Best Law Firms’ List
- National Tier 1
- Employment Law – Management
- Litigation – Labor & Employment
- Metropolitan Tier I (Dallas/Fort Worth)
- Employment Law – Management
- Litigation – Labor & Employment
- National Tier 1
Affiliations
- Dallas Association of Young Lawyers, 2020 Leadership Class
- Dallas Women Lawyers Association, Mentoring Circles
- STEER Mentoring Program
- Women’s Mentoring Circles Committee Member
Community Involvement
- Dallas Volunteer Attorney Program
- DAYL Leadership Class “Dallas Eviction Assistance and Resources” Project (2020-2021)
Presentations and Publications
- Strafford Webinar, “Healthcare Workers and Vaccine Mandates: Navigating the Evolving Landscape, Implementing and Enforcing Compliance” (March 8, 2022)
- “Vaccine Mandate Roundtable for Health Care Providers: A Discussion on Open Compliance Issues Related to OSHA and CMS Vaccine and Testing Mandates,” (November 22, 2021)
- Co-author, “How Employers Can Navigate NLRB’s Pro-Employee Shift,” Law360 (October 18, 2023)
- Co-Author, “California Pay Transparency Bill Awaits Governor’s Signature,” Labor and Employment Law Perspectives (September 6, 2022)
- Author, “Virtual Form I-9 Document Examination: Here to Stay?,” Foley Dashboard Insights (August 29, 2022)
- Co-Author, “No Lag: Ensuring Labor and Employment Compliance in the Esports Industry,” Texas Lawyer (August, 2022)
- Co-Author, “Key Takeaways from AmericaMakes: 2022 RAPDI + TCT Additive Manufacturing (3D Printing) Conference,” Dashboard Insights (May 27, 2022)
- Co-Author, “Mediation Preparation Fundamentals,” Lexis Practical Guidance (April 20, 2022)
- Co-Author, “No Lag: Ensuring Compliance with Labor and Employment Law in the Esports Industry,” Labor and Employment Law Perspectives (May 2, 2022)
- Author, “A Spin on Things: Pending Legislation Seeks to Render Restrictive Covenants Unenforceable if an Employer Takes Action under Mandatory Vaccine Policy,” Coronavirus Resource Center and Labor and Employment Law Perspectives (November 29, 2021)
- Co-Author, “OSHA’s Emergency Temporary Standard: A Step-By-Step Guide,” Coronavirus Resource Center and Labor and Employment Law Perspectives (November 8, 2021).
- Co-Author, “OSHA Emergency Temporary Standard: It’s Out!,” Coronavirus Resource Center: Back to Business, Labor and Employment Law Perspectives (November 4, 2021)
- Author, “Examining the Current State of Vaccine Mandates,” ERE Media (November 1, 2021)
- Author, “New California Law Requires Certain Employers to Offer Jobs to Previously Laid-Off Employees,” Foley’s Labor and Employment Law Perspectives (May 10, 2021)
- Co-Author, “Florida Enacts Covid-19 Business Liability Shield,” Foley’s Labor & Employment Law Perspectives (March 30, 2021)
- Co-Author, “DOL Finalizes New Rule on Independent Contractor Classification,” Foley’s Labor & Employment Law Perspectives (January 6, 2021)
- Co-Author, “A Shield for Employers: State COVID-19 Indemnity Laws,” Foley’s Coronavirus Resource Center: Back to Business (November 30, 2020)
- Author, “CROWN Acts Prohibit Discrimination Based on Natural Hairstyles,” Foley’s Employment Law Update, (July 13, 2020)
- Co-Author, “A Shield for Employers: State COVID-19 Indemnity Laws,” Foley’s Coronavirus Resource Center: Back to Business (June 22, 2020)
- Author, “Is Twitter Trending? The Company Decides on Permanent Remote Work,” Foley’s Labor & Employment Law Perspectives (May 18, 2020)
- Co-Author, “The Unemployment Benefit as Defined by the CARES Act,” Foley’s Coronavirus Resource Center (April 7, 2020)
- Author, “Overcoming the Surge: How Clark v. City of Seattle Highlights the Conflicts Between Federal, State, and Local Labor Laws,” Louisiana Law Review, 79 La. L. Rev. (2019)
A Snapshot Of The Evolving Restrictive Covenant Landscape
In recent months, noncompete agreements have become a hotly contested topic in the realm of employment law.
Foley Advises mdf commerce in Agreement to be Acquired by KKR
Foley & Lardner LLP served as U.S. legal advisor to mdf commerce, a SaaS leader in digital commerce technologies, in its definitive agreement to be acquired by funds managed by KKR.
Washington, D.C.: Another Player in the Pay Transparency Trend
As we reported in early 2023, several states have passed pay transparency laws that require certain disclosures in job postings (both internally and externally).
Texas Enacts Ban on COVID-19 Vaccine Workplace Mandates: Six Things Health Care Employers Need to Know Now
On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, enacting a ban on COVID-19 vaccine private workplace mandates.
NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies
On August 2, 2023, the National Labor Relations Board published an opinion regarding employer work rules.
Supreme Court Redefines “Undue Hardship” when Addressing Religious Accommodation Requests under Title VII
On June 29, 2023, in a unanimous opinion, the U.S. Supreme Court issued a much-anticipated decision in Groff v. DeJoy, clarifying employers’ obligations to accommodate employees’ religious practices.