Biography
Tom Marshall primarily practices in several areas of workplace law, including discrimination matters, disability management issues, 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 employers and employees 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.
Practice Areas
- Employment Counseling and Litigation
- Restrictive Covenants/Trade Secrets
- Unfair Competition and Shareholder Disagreements
- Executive Compensation and Contract Disputes
- Civil Litigation
Education
- William Mitchell College of Law, St. Paul, Minnesota
- J.D. - 1984
- Honors: cum laude
- Honors: William Mitchell Trial Competition Champion
- Honors: Finalist in the ALTA National Trial Competition
- Honors: Alumni Association Award of Merit
- University of Minnesota, Duluth, Minnesota
- B.A. - 1978
- Insurance Counsel Trial Academy
- Honors: Sponsored by the International Association of Defense Counsel
Bar Admissions
- Minnesota, 1984
- U.S. District Court District of Minnesota, 1984
- U.S. Court of Appeals 7th Circuit, 2000
- U.S. Court of Appeals 8th Circuit, 1994
- U.S. Supreme Court, 1994
Professional Associations
- Aitkin County Bar Association
- Defense Research Institute, 1984 to Present
- Minnesota Defense Lawyers Association, 1984 to Present
- Minnesota Defense Lawyers Association, Law Improvement Committee, Former Co-Chair
- Minnesota Defense Lawyers Association, Board of Directors, Member, 2003 to 2006
- Minnesota Defense Lawyers Association, Secretary, 2006 to 2007
- Minnesota State Bar Association, MSBA Assembly, Alternate Member, 2006 to 2007
- Minnesota Defense Lawyers Association, Past President
- Minnesota State Bar Association
- Million Dollar Advocates Forum
Honors
- President’s Award from the Minnesota Defense Lawyers Association
- Super Lawyer
- AV/Preeminent by Martindale-Hubbell
Published Works
- 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