Kathryn R. Brown practices in the area of employment law, labor relations and litigation.
Ms. Brown counsels clients to ensure compliance with federal, state and local laws governing the workplace, including Title VII and state anti-discrimination laws, the Americans with Disabilities Act and ADAAA, the Fair Labor Standards Act and state wage and hour laws, the Family and Medical Leave Act and state leave laws, and the National Labor Relations Act.
She represents employers in federal and state court litigation and before administrative agencies. Ms. Brown has experience representing clients in fast-paced preliminary injunction matters involving restrictive covenants and trade secret misappropriation. She also represents clients before administrative agencies, including the Equal Employment Opportunity Commission, in matters involving charges of age, sex, national origin, and religious-based discrimination and retaliation.
In the area of labor relations, Ms. Brown has experience in federal appellate litigation and grievance arbitration challenging employee terminations under federal labor law and applicable collective bargaining agreements. She also has successfully defended a nursing home client against a Temporary Restraining Order and Motion for Preliminary Injunction filed by a Union. Additionally, Ms. Brown provides legal analysis to union and non-union employers on compliance with the NLRA.
Ms. Brown also assists clients in the development of employee handbooks and a variety of personnel policies. She has a special interest in social media, and in 2012, she published a note in the Vanderbilt Journal of Entertainment Law & Technology on the use of Facebook evidence in litigation, which has been cited by a court and legal authorities including the American Bar Association Section of Litigation.
Ms. Brown assists in the drafting and review of executive employment and severance agreements, as well as non-compete, non-solicitation, non-disclosure and severance agreements.
Ms. Brown's pro bono practice includes representing applicants for U.S. citizenship before the U.S. Citizenship and Immigration Service, as well as serving as a Volunteer Attorney for the Philadelphia Volunteer Lawyers for the Arts. She also volunteers as an alumni interviewer for Vanderbilt University Law School.
During 2013, Ms. Brown served as law clerk to the Hon. Gene E.K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania. She is a 2012 graduate of Vanderbilt University Law School and a 2007 graduate of the University of Pennsylvania, where she received a B.A. in History, magna cum laude.
Areas of Practice
- Employment Counseling and Advice
- Employment Litigation, including Non-Compete and Trade Secret Litigation
- Employee Policy Development
- Labor Law and Relations
- Pro bono representation of applicants for U.S. citizenship
- Assisted in obtaining dismissal of Unfair Labor Practice charges alleging unlawful interrogation, unlawful threat, and unilateral changes to employees' terms and conditions of employment on behalf of a healthcare company.
- Represented domestic violence survivor, originally from Russia, in obtaining lawful permanent residency under the Violence Against Women Act (VAWA).
- Represented lawful permanent resident, originally from the Cayman Islands, in obtaining U.S. citizenship.
- Obtained dismissal of an EEOC charge alleging age and sex discrimination on behalf of a university.
- Obtained dismissal of an EEOC charge alleging race discrimination on behalf of a non-profit in the healthcare industry.
- Successfully defended owner of nursing home (client) against a TRO and Motion for Preliminary Injunction filed by the Union representing employees of the nursing home to enjoin the sale of the nursing home where the owner of the nursing home did not condition the sale on the buyer assuming the collective bargaining agreement.
- New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the District of New Jersey
- U.S. Court of Appeals for the District of Columbia Circuit
- Vanderbilt University Law School, J.D., 2012
- Student Writing Award Winner, Vanderbilt Journal of Entertainment & Technology Law
- Scholastic Excellence Award Winner in First Amendment Law
- University of Pennsylvania, B.A., magna cum laude, 2007
- Duane Morris LLP
- Associate, 2012-present
- Summer Associate, 2011
- U.S. District Court for the Eastern District of Pennsylvania
- Law Clerk to the Hon. Gene E.K. Pratter, 2013
- Philadelphia Bar Association
- National Association of Women Lawyers
- Co-author, "New Jersey Supreme Court Rules on Proper Test for Determining Independent Contractor Status," Duane Morris Alert, January 20, 2015
- Author, "4 Risks Employers Face With One-Size-Fits-All Dress Codes," Law360, April 30, 2014
- Co-author, How to Hire and Fire: A Global Guide, 4th Edition (USA – Delaware, 2013)
- Co-author, "New Jersey Joins Growing Number of Jurisdictions Banning Employers from Requesting Access to Social Media Accounts," Duane Morris Alert, September 3, 2013
- Contributing Researcher, "Medical Marijuana and the Workplace," Employment Relations Today, April 2013
- Co-author, "Hospitals Must Re-Evaluate Subcontractor Status," Law360, April 16, 2013
- Author, "Landmark Ruling Expands OFCCP Subcontractor Coverage to Healthcare Providers," Duane Morris Alert, April 3, 2013
- Co-author, "New Forms for FCRA Background Checks Effective January 1, 2013," Duane Morris Alert, November 2, 2012
- Author, "Dispute over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies," Duane Morris Alert, November 1, 2012
- Author, "The Risks of Taking Facebook at Face Value: Why the Psychology of Social Networking Should Influence the Evidentiary Relevance of Facebook Photographs," 14 Vand. J. Ent. & Tech. L. 357 (2012)
Selected Speaking Engagements
- Co-presenter, "Strategies to Consider in a Termination that Might Go to Trial," Duane Morris Institute Seminar, Philadelphia, October 22, 2014
- Speaker, "Background Checks: Criminal, Credit and Social Media," Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
- Co-presenter, "Trying a Labor Arbitration Case," Duane Morris, Philadelphia, November 18, 2013
- Co-presenter, "Religious Accommodations: Clash of Rights," Duane Morris Institute Seminar, Philadelphia, November 6, 2013
- Co-presenter, "Practical Tips for Drafting Severance Agreements," Duane Morris, Philadelphia, December 17, 2012