Mr. Nemiroff litigates a wide variety of cases before federal and state courts and administrative agencies, including employment discrimination, workplace technology law, wrongful discharge, wage and hour law, and other matters. He has extensive experience in cases involving non-compete issues, trade secrets, and related matters. Mr. Nemiroff also regularly helps clients create social media policies and trains management personnel who utilize social media platforms.
Mr. Nemiroff has lectured on various employment topics on behalf of organizations, such as the Association of Corporate Counsel, the American Conference Institute, Pennsylvania Bar Institute, the Philadelphia and Suburban Healthcare Human Resources Association, the Institute of Internal Auditors, Tri-State HRMA, a division of SHRM, Lorman Education Services, the Maryland State Bar Association, the Camden County Bar Association, and the Montgomery County Bar Association. He has also written several published articles related to labor and employment issues.
- Obtained temporary restraining order, preliminary and permanent injunction, judgment, plus attorney's fees and costs against former employee in publicized case for breach of duty of loyalty and violation of the Pennsylvania Trade Secrets Act (2012).
- Successfully obtained summary judgment, where former employee alleged violations of the Family and Medical Leave Act, the Americans with Disabilities Act, and wrongful discharge in violation of public policy, which was affirmed by the Third Circuit Court of Appeals (2012).
- Obtained permanent injunctive relief and favorable monetary settlement in action against employee who violated his non-compete agreement and the Pennsylvania Trade Secrets Act (2012).
- Favorably resolved matter alleging employee violated duty of loyalty and Pennsylvania Trade Secrets Act in which employee agreed to a suspended consent judgment in the amount of $150,000, plus attorney’s fees in the amount of $75,000 (2012).
- Obtained temporary restraining order, preliminary injunction and favorable resolution in action against two former employees and their new business venture for breach of non-compete agreements and violation of the Pennsylvania Trade Secrets Act (2011).
- Successfully defended application for temporary and preliminary injunction by student against her school in suit for breach of contract and defamation (2011).
Education and Honors
J.D., George Washington University Law School, 1998
B.A., magna cum laude, Brandeis University, 1995
- Pennsylvania Super Lawyers Rising Star (2012 & 2013)
- Pennsylvania Bar Association
- New Jersey Bar Association
- Tri-State HRMA, a division of SHRM
- Former Chairman, South Jersey Advisory Board of Biz Buzz, an online membership community
- Served on the Board of the Center for Advocacy for the Rights and Interests of the Elderly (CARIE)
- Former Co-Chair, Montgomery County Bar Association, Employment Law Section
- Pennsylvania Bar Institute's 11th Annual Nonprofit Institute - "Hiring, Firing and Evaluations" - Philadelphia - 2013
- American Conference Institute - "Mitigating the Risks and Unintended Consequences of Employee Social Media Use While Remaining NLRA Compliant" - New York - 2013
- Association of Corporate Counsel - "The FMLA Turns 20! How Has the Act Aged?" - Conshohocken - 2013
- Tri-State HRMA 27th Annual Conference - "Checking In On Background Checks" - Mt. Laurel - 2013
- Institute of Internal Auditors Spring Conference - "Protecting Your Trade Secrets in the Digital Age" - Philadelphia - 2013
- American Conference Institute - "Training Your Employees on Social Media Use in Order to Mitigate Risks and Unintended Consequences" - New York - 2012
- Ambrose Connects Second Annual Conference - "Protecting Your Critical Customer Relationships and Trade Secrets" - New York - 2012
- Institute of Internal Auditors - "Legal Issues in Auditing Social Media" - Philadelphia - 2012
- NJ Association of Women Business Owners - "My Customers/My Rules: Non-Compete Agreements and Employee Handbooks" - Mt. Laurel - 2012
- Association of Corporate Counsel - "Facebook Fastballs – Hard Hitting Ethical & Legal Issues in Social Media" - Philadelphia - 2011
- Philadelphia and Suburban Healthcare Human Resources Association - "Social Media in the Workplace and Beyond" - Philadelphia - 2011
- Pro Bono Partnership - "Human Resources Boot Camp for New Jersey Nonprofits" - Princeton - 2011
- Voorhees Business Association - "Social Networking: A Human Resource Nightmare?" - Voorhees - 2010
- New Jersey Chamber of Commerce - "Overtime From Anywhere" - Monroe Township - 2010
- New Jersey Department of Labor and the New Jersey Chamber of Commerce - "Employment Issues with E-mail, Texting and Social Networking" - Tavistock - 2009
In The News
- December 31, 2012 - - "Pennsylvania's Human Relations Act Only for Pa. Residents, Judge Rules"
- July 12, 2012 - - "Ask the Legal Expert"
- April 24, 2012 - - "N.J. Bill Bans Asking Applicants About Facebook"
- May 6, 2011 - - "Almost All of Paralegal's Accusations Against Amorous Attorneys Axed"
- September 26, 2010 - - "Twitter Virus Attack Highlights Key Risk of Social Media"
- May 25, 2010 - - "Experts Address Social Media in Business World at Gathering"
- September 10, 2009 - - "Brooklyn's Madoff, Ponzi-Schemer Philip Barry Getting Public Assistance"
- January 2, 2014 - Xpert HR - "Pennsylvania Employer Alert: Ogletree Deakins Examines Latest Legal Trends"
- August 9, 2013 - The Legal Intelligencer - "Proposed 'Facebook Laws' May Hinder Workplace Investigations"
- May 30, 2013 - The Legal Intelligencer - "Employers Must Consider Philadelphia's Employment Ordinances"
- February 13, 2013 - The Legal Intelligencer - "Be Wary of FCRA When Using Social Media Data Collection Companies"
- July 16, 2012 - Staffing Today - "Recruiter Misuse of Social Media Can Lead to Liability"
- November 17, 2011 - HRM Update - "Unauthorized Employee Recommendations, References on Social Media May Put Employers at Risk"