Todd P. Photopulos

Labor and Employment Group



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

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ToddP.Photopulos
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
  • AV-rated, Martindale-Hubbell
  • 2013 Top Rated Lawyer in Immigration Law, Martindale-Hubbell
  • The Best Lawyers in America®, Employment and Labor Law
  • Mid-South Super Lawyers®, Employment and Labor
  • Board Chairman, Boys and Girls Clubs of Greater Memphis, 2014
  • Top 40 Under 40, Memphis Business Journal, 2006
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
  • Presenter, "Immigrant Workers and National Origin Discrimination," National Conference on Equal Employment Opportunity Law, American Bar Association, Palm Springs, CA, March 27, 2014.
  • 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).

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