Patrick J. McMahon

Senior Counsel

Patrick J. McMahon

Senior Counsel

Patrick McMahon is a senior counsel and litigation attorney with Foley & Lardner LLP. Patrick focuses his practice on labor and employment matters and has significant experience in general commercial litigation. In Patrick’s labor and employment practice, he has successfully defended employers in a number of forums, including federal and state courts, and federal, state, and local agency proceedings. As part of his employment practice, Patrick has a unique concentration in the cannabis space. Cannabis laws vary significantly across jurisdictions, and Patrick counsels employers on the employer and employee rights as it relates to cannabis use in and out of the workplace. Patrick also provides consistent employment counseling to clients in various areas including disability accommodations under Titles I and III of the Americans with Disabilities Act, website and technology accessibility for people with disabilities, public accommodations, sexual harassment and safe workplace compliance, family and medical leave issues, wage and hour compliance, and other state and federal employment laws. In addition, Patrick’s deep experiences in defending clients against the Illinois Biometric Information Protection Act (BIPA) claims has successfully resolved dozens of cases in both state and federal court, in addition to writing several articles on BIPA’s latest developments.

Patrick also works with clients and attorneys in the Foley’s Government Enforcement Defense & Investigations Practice to respond to government investigations, conduct internal investigations, and litigate disputes. Patrick has successfully defended clients, and particularly health care providers, in multiple False Claims Act and whistleblower matters.

Prior to practicing law, Patrick served as a cyber and communications officer in the United States Air Force from 2006 – 2012 at various national and international locations overseeing 20-plus airmen in roles that included leading a team to engineer, install, and test a new AOC Weapon Systems; orchestrating a 12-week upgrade with 10 agencies to relocate a $40 million European Air Operation Center; serving as aide de camp to an Air Force Major General in day-to-day events and devising long-term strategies; and directing support for air traffic control systems, weather radar, telephone, wireless, classified/unclassified data networks, and information management for over 6,000 customers.

Patrick currently serves as the co-chair of the firm’s Veterans & Allies Affinity Group and is a member of the firm’s national Associates Committee.

Awards and Recognition

  • Best Lawyers: Ones to Watch – Commercial Litigation; Labor and Employment Law – Management (2024)


  • Member, American Bar Association

Publications and Presentations

  • Co-author, “How Employers Can Navigate NLRB’s Pro-Employee Shift,” Law360 (October 18, 2023)
  • Author, “What Past Practice?? NLRB Overhauls Back Pay Formula,” National Law Review (September 6, 2016)
  • Author, Note, Akamai Techs., Inc. v. Limelight Networks, Inc., 24 DePaul J. Art Tech. & intell. Prop. L. 235 (2014)
30 October 2023 Labor & Employment Law Perspectives

First Biometrics, Now Genetics: Is GIPA the Next BIPA for Employers to Worry About?

Most employers operating in Illinois are (or should be) aware of Illinois' stringent Biometric Information Protection Act.
17 August 2023 Honors and Awards

Foley Attorneys Recognized in 2024 Best Lawyers in America

Foley & Lardner LLP proudly announced today that 236 of the firm’s attorneys across 20 U.S. offices have received recognition in the 2024 edition of The Best Lawyers in America©.
15 August 2023 Foley Career Perspectives

Foley Celebrates BGCA National Military Youth of the Year

Foley & Lardner continues to build a national partnership with Boys & Girls Clubs of America to support its Diversity, Equity, and Inclusion efforts.
27 March 2023 Labor & Employment Law Perspectives

Illinois’s Biometric Law Damages Are Ballooning: How Do Employers Become and Stay Compliant?

One of the more significant Illinois legal developments in the past month were two Illinois Supreme Court orders interpreting the state’s onerous Biometric Information Protection Act.
20 February 2023 Labor & Employment Law Perspectives

BIPA Alert: Potential Billion Dollar Exposure for Companies Operating in Illinois under New Illinois Biometric Data Rulings

In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act.
23 December 2022 In the News

Patrick McMahon Discusses Pre-Employment Drug Testing

Foley & Lardner LLP Senior Counsel Patrick McMahon is quoted in the U.S. News & World Report article, “The Worker’s Guide to Pre-employment Drug Testing,” offering guidance for employers as pre-employment drug testing policies continue to evolve.