Todd P. Photopulos

Labor and Employment Group

Memphis Office
Tel: (901) 680-7344
Email: todd.photopulos@butlersnow.com

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Areas of Emphasis

Immigration Law: Business Visas and Compliance
Class and Collective Action Litigation
Employment Litigation
Employment Compliance, Counseling and Training
Non-Compete and Trade Secret Litigation
Traditional Labor Law

Distinctions

Top 40 Under 40, Memphis Business Journal, 2006
AV-rated, Martindale-Hubbell
The Best Lawyers in America®, Employment Law - Management

Education & Honors

University of Tennessee, J.D., Editor, Tennessee Law Review, with honors, 1997
Moot Court Board
Judicial Clerk, Judge Houston Goddard, Senior Judge, Tennessee Court of Appeals, Eastern Section

University of Iowa, B.S., 1994

Associations

American Bar Association
- Labor and Employment Section
American Immigration Lawyers Association
American Health Lawyers Association
Tennessee Bar Association
Memphis Bar Association

Bar Admissions

Tennessee, 1997
U.S. District Courts
- Tennessee: Eastern, Middle and Western Districts
- Arkansas: Eastern and Western Districts
- Michigan: Western District
U.S. Court of Appeals
- 5th Circuit
- 6th Circuit
- 8th Circuit
- 11th Circuit
U.S. Supreme Court

Experience

Over 100 federal and state court cases, contested agency hearings, and arbitrations.
Appellate experience in four United States Courts of Appeals, as well as several state courts of appeals.
Representation of employers across the United States in union organizing campaigns, including multi-facility organizing and corporate campaigns.
Representation of employers across the country in business immigration matters, including H1b, L-1, TN, O, E-2, J-1, and J-1 waiver temporary visa cases, as well as permanent residency, compliance training and audits.
Campanini v. Studsvik, Inc., U.S. Dist. Court, E.D. TN (2012) (Successfully defended client in trial over $1M breach of employment contract claim).
Weyerhaeuser Company, NLRB Case No. 06-RC-079980 (2012) (successfully defended employer in union organizing (RC) matter; petitioned-for unit found not appropriate; union election petition dismissed).
Vraney v. Medical Specialty Clinic, Chancery Court of TN, No. 65204 (2012) (Successful representation of employer at trial in breach of duty of loyalty case)
Kyle v. Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino, 5th Cir. No. 10-60571 (2011) (successful representation of employer casino in whistleblower lawsuit).
MMC Materials, Inc., 2006 WL 2706008 (N.L.R.B. Div. of Judges 2005).
Bayou Concrete Co., Inc., 2006 WL 467978 (N.L.R.B. Div. of Judges 2006).
In re Magid Glove and Safety Mfg. Co., L.L.C., 2003 WL 859259 (Tex. Ct. App. March 6, 2003).
Glasgow v. Methodist Healthcare-Memphis Hosp. Plan 503, 2006 WL 1174459 (W.D. Tenn. 2006).
Thomas v. Bayou Concrete Company, 2006 WL 2456138 (S.D. Ala. 2006).
Sadler v. Labor Ready, Inc., 2006 WL 3147417 (M.D. Tenn. 2006).
Cheryl Funk v. Labor Ready, Inc., 2008 WL 4368946 (E.D. Ark. Sept. 24, 2008).
Hibbler v. Regional Medical Center at Memphis, 12 Fed. Appx. 336 (6th Cir. 2001).
Leaks v. Cintas Corporation, 60 Fed. Appx. 645 (8th Cir. 2003).
Maxfield v. Cintas Corporation, No. 2, 427 F.3d 544 (8th Cir. 2005).
Saint Vincent Hospital, LLC, 2004 WL 1629745 (N.L.R.B. July 20, 2004).

Papers, Presentations & Publications

Author, “Sixth Circuit Stands By School System's Promotion Decisions,” Workplace, Vol. 2013 No. 3, April 2013.
Presenter, “Ten Things Every Employment Attorney Should Know About Immigration,” ABA Section of Labor and Employment Law Employment Rights and Responsibilities Committee Midwinter Meeting, Miami Beach, FL, March 21, 2013.
Presenter, “Alternative Fee Arrangements,” Employment Law Alliance, Vancouver, Canada, September 29, 2012.
Presenter, “Business Writing to the Jury,” 2012 Tennessee SHRM Conference, Memphis, Tennessee, September 13, 2012.
Presenter, “Beyond I-9: What You Need to Know about Immigration Law and Why,” ABA Section of Labor and Employment Law, 5th Annual Labor and Employment Law Conference, Seattle, Washington, November 5, 2011.
Presenter, “No Big Ticket, But.... A Labor Law Update and Preview of Coming Attractions," Association of Financial Professionals, Memphis, 2011.
Presenter, “Equal Employment Opportunity Law,” American Bar Association, New Orleans, 2011.
Presenter, “Mitigating Risk and Corporate Public Relations Due to Public Non-Merit Claims,” American Conference Institute’s Advanced Forum on Whistleblower Enforcement and Compliance, New York, 2011.
Presenter, “Labor & Employment Law Developments Affecting the Healthcare Industry,” Tennessee Bar Association 2010 Health Law Seminar, Nashville, 2010.
Author, "ICE Audits on the Rise" Employment and Labor Relations Law, American Bar Association, Section of Litigation.
Author,"Having Your Cake and Eating It, Too The (Un)Enforceability of Releases on Pre-Filing Qui Tam Claims," Labor and Employment, American Health Lawyers Association.
Author,"EFCA: Bracing Yourself for the Rising Tide of Union Organizing," "A Sneak Peek at Possible New Employment Legislation and Bailout Package Includes Several Employment Provisions," Workplace, October 2008.
Co-Author, "Having Your Cake and Eating It Too -- The (Un)Enforceability of Releases on Future Qui Tam Claims," Journal of Health and Life Sciences Law, July 2008.
Author, "ICE: There is a new sheriff in town" Employment and Labor Relations Law, American Bar Association, Section of Litigation.
Author, "Kentucky River Trilogy," Employment and Labor Relations Law, American Bar Association, Section of Litigation.
Author, "Department of Labor Issues Final Military Leave Rules," Business Insider, Tennessee Chamber of Commerce and Industry.
Author, "Whistleblower," Pro Te: Solutio, Vol. 1 No. 2, 2-5 (April 2008).