Thomas E. Marshall

Tom Marshall primarily practices in several areas of workplace law, including discrimination matters, disability management issues, contract disputes and other business matters, the enforcement or challenges to restrictive covenants, trade secrets and related obligations, as well as training and counseling on policies, handbooks and other day to day employment issues. He has helped employers and employees obtain appropriate and effective resolution of disputes including a $2.6 Million federal verdict in favor of an employee who suffered disability discrimination. Tom has represented litigants in trials, appeals, mediations, arbitrations, administrative hearings and all other aspects of litigation in Minnesota and other parts of the country. He has tried over 30 jury cases to verdict in state and federal courts.

As an adjunct, he taught trial advocacy at William Mitchell College of Law for eight years. He speaks often about employment matters and litigation techniques. Tom was born and raised in Central Minnesota, attended college in Duluth and enjoys the Minnesota outdoors.

Areas of Practice:

  • Employment Counseling and Litigation
  • Restrictive Covenants/Trade Secrets
  • Unfair Competition and Shareholder Disagreements
  • Executive Compensation and Contract Disputes
  • Civil Litigation

Bar Admissions:

  • State of Minnesota
  • State of Wisconsin
  • U.S. District Court for Minnesota
  • U.S. District Court for Wisconsin (Eastern and Western)
  • Seventh Circuit Court of Appeals
  • Eighth Circuit Court of Appeals
  • U.S. Supreme Court

Education:

  • William Mitchell College of Law, J.D. cum laude
  • William Mitchell Trial Competition Champion
  • Finalist in the ATLA National Trial Competition
  • Alumni Association Award of Merit
  • Insurance Counsel Trial Academy (sponsored by the International Association of Defense Counsel)
  • University of Minnesota-Duluth

Awards:

Consistently recognized as an employment litigation Super Lawyer in annual polls of Minnesota attorneys. He has received the President's Award from the Minnesota Defense Lawyers Association and is rated AV/Preeminent by Martindale-Hubbell.

Professional Associations and Memberships:

  • Past President of the Minnesota Defense Lawyers Association and current co-chair of its Law Improvement Committee
  • Defense Research Institute
  • Minnesota State Bar Association
  • Anoka County Bar Association
  • Million Dollar Advocates Forum

Publications and Presentations:

  • Unjust and Embarrassing: Lessons Learned from Ewald v. Royal Norwegian Embassy, Hennepin County Bar Association, February 24, 2015 (co-presenter)
  • Enforcing Non-Compete Agreements in States That Won't Enforce Them, 41st Annual Labor and Employment Law Institute, November 2014 (co-presenter)
  • The Dirty Dozen: Dreadful Discipline and Discharge Decisions by Employers, MN CLE Conference Center, Webcast, July 9, 2014, at 12:00 p.m. (co-presenter)
  • The Dirty (Baker's) Dozen: Dreadful Discipline and Discharge Decisions by Employers, MN CLE Conference Center, October 15, 2013 (co-presenter)
  • The Dirty Dozen: Dreadful Discipline and Discharge Decisions by Employers, May 20, 2013, St. Paul RiverCentre (co-presenter)
  • Employers' Resolutions for Best Practices in 2013, Managing the Disabled Employee Effectively and Practical Lessons from Recent Cases and Trends, Paychex Seminar, January 2013 (co-presenter)
  • And the Winner (or Loser) is . . ., Court Opinions and Legislative Update , Engelmeier & Umanah Seminar, November 2012 (co-author)
  • MDLA 2012 Trial Techniques Seminar, Civil Justice Reform Update, August 2012
  • Minnesota 2012 Web Update
  • Twin Cities Human Resources Association Legislative Affairs Committee (TCHRA) Webinar, ADA Amendments Act and EEOC Enabling Regulations, April 2012
  • MDVA Programs and Services Annual All Staff Training, Minnesota Department of Veteran's Affairs Training, December 2011 (co-presenter)
  • Hot Topics in Employment Law, Early Childhood Director's Seminar, November 2011 (co-presenter)
  • Hot Issues in the Employment Law World, Trinity Baptist Director's Seminar, October 2010 (co-presenter)
  • The ADA Amendments Act of 2008 And Its Impact On The Minnesota Employment Claims, Minnesota Defense, Vol. 30, No. 1, Winter 2009
  • Offers of Judgment and Fee Shifting Statutes: The "Un-American" Rule, Minnesota Defense, Vol. 28, No. 3, Summer 2007
  • Minnesota Defamation 1997: Presumptions Lost? The Hennepin Lawyer Vol. 67, No. 1, January 1998