Bill is a founding member of Kelly, Stacy and Rita whose practice focuses on national and regional representation of business clients in employment and commercial litigation.
EXPERIENCE
In employment litigation, Bill has served as national employment advice counsel to a Fortune 50 global company and has provided advice and consultation on federal and state pre-litigation matters inclusive of wage and hour, medical leave, discrimination and accommodation matters. He has been lead counsel in hearings before federal and state agencies and commissions nationwide. He litigates age, race, religious, national origin and retaliation claims, class actions, and infringement, trade secret and non-competes in federal and state courts around the country.
Bill’s commercial litigation trial experience includes class actions, non-compete and trade secret litigation, breach of contract and indemnity litigation, multi-thousand member environmental and mass tort actions, ad valorem tax assessment litigation and mass-claim complex insurance coverage litigation. He acts as national counsel to an international wholesaler and retailer for non-compete and trade secret cases, as regional counsel to a REIT in connection with its commercial property operations, and as national counsel to a Colorado based franchisor on issues involving vicarious liability.
His technology practice includes drafting and negotiating software licenses, professional service agreements, contracts for development, licensing, and exploitation of technology, and internet-centric access and e-commerce (“click wrap”) agreements and litigating commercial cases surrounding licenses and technology.
SIGNIFICANT CASES
- Representation of Global Fortune 50 company in state OSHA charge of retaliation and discrimination suit. Dismissed on jurisdictional grounds and upheld on appeal.
- Representation of FEMA contractor in multi-million dollar Department of Labor Wage and Hour Division dispute under Service Contract Act.
- Representation of casino operator in pregnancy discrimination and ADA failure to accommodate claim in federal jury trial. Full defense verdict.
- Defense of Section 1981 and 1983 putative class action involving 3,800 putative class members.
- Defense of WARN class action culminating in summary judgment on behalf of employer.
- Representation of international manufacturer in EEOC Charges of Discrimination across 37 states resulting in 100% dismissal or “no cause” determinations.
- Representation of employer in federal court action by three former employees claiming age discrimination. Defense verdict upheld on appeal and certiorari denied by the U.S. Supreme Court.
- Representation of in federal court trial of sex discrimination and harassment claims asserted by existing employee. Complete defense verdict.
- Defense verdict on breach of contract claims in traditional labor arbitration.
- Prosecution of temporary restraining order and injunction on behalf of telecommunications company asserting theft of trade secrets and violation of non-compete agreements. Won damages in 2 day bench trial.
- Litigated numerous multi-million dollar ad valorem tax assessment disputes before various tax commissions on behalf of Class-A business management companies, REITs, national hotel chains, a coffee manufacturer and an operator of amusement park facilities.
- Prosecuted multi-jurisdictional breach of lease dispute for REIT resulting in significant damages assessed against former tenant.
- Invalidated a recall petition filed against elected officials under the Colorado State Constitution and Colorado Election Laws.
- Defended national sporting goods retailer in direct and contributory infringement actions involving numerous NCAA licenses.
- Trial of Phase One liability class action involving environmental mass-tort claims resulting in defense verdict and decertification of class.
BAR & COURT ADMISSIONS
Colorado
Louisiana
United States District Court for the District of Colorado
United States District Court for the Eastern, Middle and Western Districts of Louisiana
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the Tenth Circuit
United States Supreme Court
AWARDS
Colorado Super Lawyers, Employment Litigation (all editions)
AV Peer Review Rating by LexisNexis Martindale-Hubbell (all editions)
Chambers USA Leaders in Employment Law (2007 ed.)
Marquis’ Who’s Who in American Law, 11th Ed. et seq. (2001 – present)
Chambers USA “Leaders in their Field” in the area of Employment Law (Employment)(2007)
H.U.G.S. Excellence In Community Service (1997)
Alpha Sigma Nu International Honor Society (1992)
International Junipero Serra Award, Programs (Glasgow, Scotland 1999)
Sigma Chi Fraternity Grand Consul Award, Chapter Advisor (1995)
Louisiana Bar Association Commitment to the Bar Award (2009)
PROFESSIONAL ASSOCIATIONS
Children’s Hospital of Colorado, Volunteer (2011-present)
Contemporary Arts Center New Orleans, Board Member (2010-present)
Coral Place of Greenwood Village, CO HOA Board Member (2009-present)
For the Bayou Foundation, Colorado Chapter President (2009-present)
Tulane Alumni Association, Colorado Chapter President (2007-2009)
Sacred Heart House, Denver, CO, Volunteer, (2008)
Leadership Forum, Council for a Better Louisiana (2006)
Good Shepherd School Board Member and Chairman Elect (2005-2007)
Upper Audubon Association Board Member (2005-2007)
Louisiana Civil Service League, Board of Governors (2003-2008)
Provost Council, Tulane University (2000-2007)
Liaison Counsel, Louisiana Association of Beverage Alcohol Licensees (“LABAL”) (1993-2007)
President, Board of Trustees, Serra Club of Downtown New Orleans (1998-99)
Communicator/Volunteer, The United Way (1992-1998)
Board of Directors to Crescendo for the Louisiana Philharmonic Orchestra (1997-2002)
New Orleans / River Region Chamber of Commerce Capital Campaign (1997-2001)
Metropolitan Area Committee (“MAC”) Leadership Forum (1999)
SPEAKING ENGAGEMENTS
In-House Anti-Harassment Training (CO, IL, MO, GA, MN, CA)
ADA Amendments (Lorman)(Denver, CO)
Hey! Don’t Blog Around Here No More (CBA)(Denver, CO)
What In-House Want from Their Outhouse (LADC)(New Orleans, LA)
Software Police, The Rocky Mountain Intellectual Property Conference (Denver, CO)
American Conference Institute (ACI), E-Discovery Techniques and Trends (New York, NY)
Hospitality Lawyer, Gaming Track, Representing Casinos in Commercial Litigation (Houston, TX)
Loyola Univ. School of Law Skills Curriculum, with Ret. Justice Harry Lemmon, Appellate Advocacy (2003-2008)
Private Event, New Techniques in Anti-Harassment Policies and Enforcement (Denver, CO)
Lorman Seminar Systems, Legal Update in Employment Law (New Orleans, LA)
Non-Compete Litigation: The Place Where Three Roads Meet (Las Vegas, NV)
Louisiana Technology Council, Avoiding Internet Liabilities (New Orleans, LA & Baton Rouge, LA)
Florida Coastal School of Law, Recruiting Techniques for On Campus Interviews (Jacksonville, FL)
Society on Human Resource Management, Retaliation Avoidance (Baton Rouge, LA)
State of Louisiana Lieutenant Governor, Business Development Conference (Baton Rouge, LA)
Mayor of New Orleans Office of Economic Development, Technology (New Orleans, LA)
RIAA Recording Academy’s Grammy’s, VooDoo EconoMixx Conference (Nashville, TN)
The University of New Orleans Business Series, Representing Entrepreneurs (New Orleans, LA)
Lorman Seminar Systems, Hiring and Interviewing Skills (Mobile, AL)
Tulane University Music and Tech Conference, Digital Rights Management (New Orleans, LA)
Louisiana State University Red Stick Animation and Film Conference (Baton Rouge, LA)
State of Louisiana Music Commission South By Southwest (“SXSW”) Louisiana Delegation
Council on Education in Management, What to Do When the Gov’t Knocks (Baton Rouge, LA)
Mississippi Association Executives, Legal Update in Employment Law (Mobile, AL)
CLE International Music & Entertainment Seminar, Fairness in Music Licensing (Los Angeles, CA)
Anderson Consulting, Issues in Employment Law (St. Louis, MO)
It’s The Law: Who Owns It? – Intellectual Property and Internet (WDSU-TV, New Orleans, LA)
Loyola School of Business, The Labor Arbitration and Grievance Process (New Orleans, LA)
Clerks of Louisiana District Court, Performance Appraisals and Evaluations (Mandeville, LA)
Association of Beverage Alcohol Licensees, Avoiding Dram Shop Liability (Las Vegas, NV)
PUBLICATIONS
Labor Law: 5th Circuit Symposium, 44 Loy. L. Rev. 545
Labor Law: 5th Circuit Symposium, 40 Loy. L. Rev 753
Monthly Employment Column in New Orleans Hospitality Magazine, (1992-2004)
EDUCATION
Tulane University, B.A.
St. Louis University, J.D.
PERSONAL
Founder and Chief Executive Officer, 15 Minutes Music®, www.jpfmusic.com, promoting independent music and producing monthly music shows at House of Blues, New Orleans.