Nancy M. Barnes

Practices

• Labor & Employment
• Business Litigation

Professional Experience

Nancy is a litigator with first chair jury trial experience handling a broad range of business litigation and employment-related issues. Nancy has significant experience litigating and counseling clients on employment issues including Title VII, ADEA, FMLA, ADA, FLSA, WARN, ERISA and non-competition agreements, as well as related state law tort claims. She represents clients in a wide variety of contract disputes, business torts, insurance coverage disputes and the enforcement of non-competition and confidentiality agreements. In addition, Nancy has national experience defending companies and individuals in individual and class action consumer cases involving the TCPA ("junk fax" and telemarketing) and FACTA in many jurisdictions, including Ohio, Alabama, California, Georgia, Maryland, Illinois, Minnesota, Massachusetts and Florida. Nancy also frequently consults with companies and individuals in the drafting and negotiation of employment agreements, severance packages, and employment policies including those related to social media. She has second chair trial experience with a successful outcome for a client in an executive severance and retirement benefit dispute.

Prior to joining the firm, Nancy was a law clerk for Judge Patricia A. Seitz, U.S. District Court, Southern District of Florida and Magistrate Judge Barry L. Garber, U.S. District Court, Southern District of Florida.

Nancy is admitted to practice in Ohio, the District of Columbia (inactive) and Pennsylvania (inactive). Nancy is admitted to practice in the Northern and Southern Districts of Ohio, the U.S. Court of Appeals for The Sixth Circuit and the United States Supreme Court. Nancy is an Ohio State Bar Certified Specialist in Labor and Employment Law.

Education

• University of Pennsylvania Law School, J.D., 1994, summa cum laude, Order of the Coif, Comparative Labor Law Journal, Article Editor and Associate Editor
• College of William and Mary, B.A., 1991, summa cum laude, Phi Beta Kappa; Presidential Scholar

• Employment Litigation
• Obtained successful outcome in bench trial for transportation communications corporation in suit brought by former chief executive officer alleging contract and tort claims arising from his termination and alleged breach of executive compensation agreement.
• Successfully defended workers' compensation retaliation claim filed by former employee.
• First chair jury trial experience in sex discrimination and retaliation case.
• Obtained directed verdict on age discrimination claim asserted against hospital by a former employee.
• Obtained voluntary dismissal of multi-count employment discrimination complaint filed against client without filing answer or motion to dismiss.
• Prevailed at arbitration on behalf of employer who sued former employee for  tortious interference.
• Regularly defend employers against claims of discrimination (sex, age, race, national origin), sexual harassment, retaliation and whistleblower claims.
• Represented former general counsel in ADEA and ERISA suit against union-employer and obtained favorable settlement and dismissal of counterclaims.
• Successfully  negotiated favorable settlement of ERISA and ADEA claims alleged by former Chief Executive Officer of non-profit corporation.
  
  
• Non-Compete/Trade Secrets
• Defended former employee and obtained denial of TRO in Action involving non-compete-agreement.
• Frequently advise clients and draft or revise non-competition, non-solicitation and confidentiality agreements.
• Successfully represented numerous clients seeking enforcement of non-competition and confidentiality agreements against former employees.
  
  
• TCPA and Consumer Class Actions
• Defended Fortune 500 communications company in TCPA class action seeking over $100 million in damages.
• Negotiated favorable settlements in numerous TCPA junk fax cases.
• Obtained dismissal of national retailer in purported class action asserting FACTA violations.
• Obtained voluntary dismissal of fax broadcaster from TCPA class action without payment of any settlement funds.
• Regularly consult with companies and develops TCPA (junk fax) compliance programs.
• Regularly defend companies and individuals in consumer class actions brought for alleged violations of FACTA and TCPA.
  
  
• Commercial Litigation
• Obtained favorable settlement for former officers and directors in fraudulent conveyance action.
• Obtained voluntary dismissal of fraud and RICO claims in mortgage industry case.
• Prevailed on summary judgment in environmental insurance coverage matter resulting in the dismissal of millions of dollars in claims against insurer.
  
  
• Employment Counseling and Training
• Advised and counseled human resource professionals on a wide variety of employment-related matters, including employee handbooks, non-competitive agreements, OFCCP compliance, EEO matters, employee discipline and discharge, affirmative action, FLSA compliance and arbitration agreements.
• Frequently conduct training on employment issues, such as harassment, workplace investigations and ADA compliance.
• Developed sexual harassment prevention policy for paper manufacturer and presented training sessions at all corporate and manufacturing locations.
  
  
• Reported Cases:
• Hospodor v. ARINC, 956 F. Supp. 1263 (D. Md. 1997)
• Schmidt v. Lowitz, 2006 U.S. Dist. Lexis 66012 (N.D. Ohio September 15, 2006)
• Lewis v. Tennessee, 2008 U.S. App. Lexis 6228 (6th Cir. March 14, 2008)
• Burdge v. Ass'n Health Care Mgmt., 2009 U.S. Dist. Lexis 11849 (S.D. Ohio Feb 18, 2009)
• Brandon v. Modine Mfg., 2006 U. S. Dist. 66012 (N.D. Ohio Sept. 15, 2006)

• “Safeguards for the Unwary: Understanding Employer Obligations under the ADAAA” · Scrap Magazine, November/December 2011
• “Implementing a Social Media Policy” · Scrap Magazine, July/August 2011
• "The Increasing Complexities of Crafting a Corporation's Social Media Policy: It's Getting Harder Not Easier -- A Checklist of Things to Consider," · Nymity Privacy Interviews with Experts, May 2011
• "Junk Fax Protection Act" · The National Law Journal, July 10, 2006 (with Michelle Cohen)
• “Top Ten Steps to Avoid Retaliation Claims” · Employment Law 360, March 25, 2011
• "The Three-Headed Monster -- ADA, FMLA and Workers' Compensation: How Employers Can Ensure Compliance" · Employee Relations Law Journal, Winter 2005 (with Jonathon Good)
• "FMLA: 10 Common Mistakes" · Benefits & Compensation Solutions, September 2003
• "FMLA: The Ten Most Common Mistakes Employers Make" · HRSolutions, · June 2003
• "Avoid Mistakes Regarding Employee Leave Law" · Crain's Cleveland Business, January 6-12, 2003

• "Building an Effective and High Performance Employee Team", Ohio Grantmakers Forum, February 21, 2012
• “2011: Caselaw Update”, Thompson Hine Annual Labor & Employment Seminar, Cleveland, December 7, 2011
• “Social Media and the Workplace: Best Practices, Policies & Pitfalls”, HR Star Conference, July 20, 2011
• "Employers and the Web 2.0: How to Address the Use of Social Media in the Workplace", Thompson Hine Breakfast Briefing, May-June 2011
• "Social Media: Policies and Pitfalls for Employers and Employees", International Association of Privacy Professionals, Cleveland KnowledgeNet Program, March 23, 2011
• "Top 10 Practical Steps to Avoid Retaliation Claims", Strafford Webinar: Employee Retaliation Claims on the Rise, February 23, 2011
• "2010: Employment Law Cases in Review", Thompson Hine's Employment Law Briefing: Helping You Plan for 2011, December 2010
• "Get Connected: Social Media and Your Career", Key Executive Women's Network and Thompson Hine's Spotlight on Women, September 29, 2009
• "Considerations in Drafting an On-line Social Networking Policy", Thompson Hine Webinar: Online Social Networking: Risks, Benefits and Practical Considerations, September 16, 2009
• "Don't Leave Me This Way", Cleveland Labor & Employment Seminar, September 2007
• Panelist, "How to be a Lawyer and Still Have a Life...The Successes and Struggles of Female Attorneys", 90.3 WCPN, The Sound of Ideas, August 24, 2007
• "Are Medical Absences Making You Sick?" · Cleveland Labor & Employment Seminar · June 2006
• "Crafting Effective Non-Compete Agreements" · Cleveland Labor & Employment Seminar · June 2006
• "Harassment: Policies, Investigation and Training" · Thompson Hine Annual Employment Law Update · June 21, 2005
• "Employment Law Update" · Thompson Hine Annual Employment Law Update · July 21, 2005
• "Protecting Your Company: Are Your Employees AWOL? Dealing With Issues of Employee Leave" · Thompson Hine's Spotlight on Women Seminar · April 19, 2005
• Panelist: "The Art of Persuasion in Settlement Negotiations" · Anthony J. Celebrezze Inn of Court · November 2004
• Panelist: "Outsourcing: A Strategic Overview"· The Turnaround Management Association Conference · November 2004
• "FMLA and ADA: A Practical Guide for Employers" · HR Star Conference · July 2004
• "Leave Issues Under FMLA, ADA and Workers' Compensation" · Thompson Hine Annual Employment Law Update · June 2004
• "The Bermuda Triangle: FMLA, ADA and Workers' Compensation" · NLRB, Section 8 Annual Meeting · September 2003
• "Interplay of the FMLA, ADA and Workers' Compensation in Ohio" · Thompson Hine Annual Employment Law Update · June 2003
• "Top Ten Mistakes that Employers Make with FMLA and How to Avoid Them" · Thompson Hine Annual Employment Law Update · July 2002

• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine in 2011 and 2012
• Selected for inclusion in Rising Stars by Ohio Super Lawyer magazine in 2006 and 2007
• YWCA Woman of Professional Excellence Award, 2006