Christopher C. Murray
Chris Murray is an experienced litigator. With a particular focus on labor and employment litigation and counseling, Chris represents management in a broad variety of matters, including:
Individual claims in agency and court actions. Defends clients in administrative proceedings and in federal and state court litigation against claims of age, race, sex, and disability discrimination, wage and hour violations, and retaliation, among others. Has obtained numerous favorable summary judgment rulings in such cases. Prosecutes and defends claims involving non-compete and non-solicitation agreements, misappropriation of trade secrets, and other forms of unfair competition.
Appeals. Has briefed cases in state and federal appellate courts, including D.R. Horton, Inc. v. NLRB (with Ron Chapman, Jr.) in the U.S. Court of Appeals for the 5th Circuit. Has drafted "friend of the court" briefs on behalf of leading trade organizations in the United States Supreme Court and U.S. Court of Appeals for the District of Columbia Circuit. Has orally argued cases in the U.S. Court of Appeals for the Seventh Circuit.
Class and collective actions. Defends cases alleged as collective and class actions, including numerous FLSA collective actions and other multi-plaintiff cases.
Administrative Proceedings. Represents employers in proceedings before the Equal Employment Opportunity Commission, the US Department of Labor, and the Indiana Civil Rights Commission, among other agencies.
Mediations and negotiations. Represents employers and corporate clients in formal, court-ordered settlement conferences and mediation programs and in informal, voluntary claim resolution negotiations.
Commercial litigation. Represents corporate clients as plaintiffs and defendants in commercial litigation matters, including breach of contract actions.
Chris's practice also focuses on counseling employers on substantive employment matters, including:
Terms of Employment. Advises clients regarding compliance with federal, state, and local law, including Title VII, ADA, ADEA, FLSA, FMLA, WARN; assists clients in conducting investigations of harassment and employee misconduct; enforces confidentiality agreements and non-compete agreements, and defends related claims.
Policies and practices. Drafts employment contracts and severance agreements, disciplinary notices, employee manuals and handbooks, non-compete and non-solicitation agreements, and other employment-related documents.
Following law school, Chris served as a law clerk for Judge Fred I. Parker of the United States Court of Appeals for the Second Circuit. Chris began his career in private practice at a prominent law firm in Chicago. He joined Ogletree's Indianapolis office in 2007. A regular speaker and writer on employment law issues, Chris has been quoted in Employment Law 360 and Inside Counsel magazine.
In 2013, Chris served as Chair of the Indianapolis Bar Association's Labor and Employment Section. In 2013, he was appointed by the U.S. District Court for the Southern District of Indiana to the Board of Directors for Indiana Federal Community Defender, Inc., which provides representation to indigent clients in federal court. Chris is also a member of the Board of Managers of the University of Pennsylvania Law School Alumni Society.
- D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013). Successfully represented D.R. Horton (with Ron Chapman, Jr.) in challenging new NLRB rule banning class and collective action waivers in employment arbitration agreements.
- NLRB v. Noel Canning, No. 12-1281 (U.S. Supreme Court) (pending). Represent Council on Labor Law Equality (with Hal Coxson) as amicus in case challenging scope of President's authority to make Recess Appointments.
- Unite Here Local 355 v. Mulhall, No. 12-99 (U.S. Supreme Court). Represented Council on Labor Law Equality (with Hal Coxson) as amicus in case addressing scope of unions' ability to force employers to enter neutrality, card-check, and related agreements under the Labor Management Relations Act.
- Parallel Networks LLC v. Jenner & Block LLP, No. 05-13-00748-CV (Texas Court of Appeals) (pending). Represent Parallel Networks (with Ron Chapman, Jr. and Andy Turner) in challenging arbitrator's award of millions in fees to client's former attorneys.
- New York New York, LLC v. NLRB, 676 F.3d 193 (D.C. Cir. 2012). Represented the United States Chamber of Commerce (with Hal Coxson) as amicus challenging new NLRB rule governing access of certain non-employees to employer's property for organizing purposes.
- Griffin v. Sisters of Saint Francis, Inc., 489 F.3d 838 (7th Cir. 2007). Successfully represented client and argued case in which the Seventh Circuit decided as a matter of first impression that a male plaintiff cannot state a claim under the Pregnancy Discrimination Act based on an adverse employment action allegedly taken because of his partner's pregnancy.
- Phillips v. City of Bloomington, 869 N.E.2d 1281 (Ind. App. 2007). Successfully represented Bloomington in appeal affirming summary judgment on plaintiff's claim that his employment was wrongfully terminated under state law.
- Davis v. VanNatta, 438 F.3d 707 (7th Cir. 2006). Represented prisoner in and argued pro bono appeal raising constitutional challenges to effectiveness of client's counsel during his criminal trial.
Other Representative Experience
- Rutland v. Target Corp., 2013 WL 6189232 (S.D. Ind. November 26, 2013). Granting summary judgment to Target on plaintiff's multiple discrimination and retaliation claims.
- Howard v. Ray's LLC, 2011 WL 4625735 (S.D. Ind. September 30, 2011). Denying plaintiff's motion for class certification and granting summary judgment to Ray's on plaintiff's wage claims alleging missed meal breaks.
- Carter v. Tyson Foods, Inc., 2009 WL 4790761 (N.D. Ind. 2009). In putative collective and class action, dismissing plaintiffs' breach of contract, Indiana wage statute, and quantum meruit claims as preempted by federal labor law.
- Finn v. Harbor Metal Treating, Inc., 2009 WL 3642753 (N.D. Ind. October 29, 2009). Disqualifying plaintiff's counsel in case alleging age discrimination where plaintiff's counsel contended he had settled case with client's HR manager prior to litigation.
- Murray v. Tyson Foods, Inc., 2009 WL 322241 (C.D. Ill. February 9, 2009). Granting partial summary judgment to Tyson on ground plaintiffs' state-law wage claims were preempted by federal labor law and denying plaintiffs' motion for class certification as moot.
- Zusy v. International Medical Group, Inc., 500 F.Supp.2d 1087 (S.D. Ind. June 12, 2007). Granting summary judgment to IMG on claim by its former general counsel that it had breached his employment agreement.
Education and Honors
J.D., University of Pennsylvania, 2001
B.A., magna cum laude, Case Western Reserve University, 1993
- AV Preeminent Rated by Martindale-Hubbell
- Super Lawyers Rising Star (2010, 2011)
- Clerkship, Judge Fred I. Parker, U.S. Court of Appeals, Second Circuit
- Indianapolis Bar Association (Executive Committee of the Labor and Employment Section)
- Indiana Federal Community Defender, Inc. (Board of Directors)
- University of Pennsylvania Law Alumni Society (Board of Managers)
- Penn Law Alumni Club of Indiana (Founding Member)
- North Willow Club Inc. (Board of Directors)
- American Bar Association
- Seventh Circuit Bar Association
- Indiana State Bar Association
- Ogletree Deakins Seminar - "Eye on Employment Law: Supreme Court Update" - Indianapolis - October 10, 2013
- Advanced Business Law Seminar (ICLEF) - "Resolving Employee Claims & Termination" - Indianapolis - November 15, 2012
- Ogletree Deakins Seminar - "Building a Better Handbook: Tips and Tactics To Strengthen Company Policies" - Indianapolis - October 3, 2012
- EEOC Indianapolis Seminar - "Fair Pay Panel" - Indianapolis - September 5, 2012
- State and Local Government Law (National Business Institute) - "Labor and Employment Law Current Issues and Answers" - Indianapolis - June 14, 2012
- Legal Issues Involving Local Governments Seminar (National Business Institute) - "Municipal Employment Relations" - Indianapolis - December 1, 2011
- Ogletree Deakins Seminar - "Developments in Class/Collective Action Litigation" - Indianapolis - October 5, 2011
- National Business Institute - "Writing Appellate Briefs And Other Legal Documents For Maximum Impact" - Indianapolis - August 12, 2010
- M. Lee Smith Publishers, Inc. - "FLSA Master Class: The Advanced Interactive Overtime Compliance Workshop For Employers" - Indianapolis - May 3, 2007
In The News
- March 6, 2013 - - "Private FLSA Deals on Firmer Footing After NY Ruling"
- August 9, 2012 - - "5th Circ. Ruling Paves The Way For Private FLSA Deals"
- January 23, 2012 - - "Case Study: Kellar v. Summit Seating"
- July 1, 2008 - - "Banning Bullies - Court Opens the Door to Workplace Bullying Testimony as Legislatures Ponder Action"
- June 26, 2014 - Ogletree Deakins Publication - "Brief of the Council on Labor Law Equality as Amicus Curiae in Support of Respondent Noel Canning"
- December 3, 2013 - Ogletree Deakins Publication - "Fifth Circuit Rejects NLRB's D.R. Horton Decision"
- August 12, 2013 - Ogletree Deakins Blog Post - "Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable"
- March 1, 2013 - Ogletree Deakins Blog Post - "Beneath the Radar: The Seventh Circuit Quietly Overhauls FLSA Collective Action Litigation"
- December 17, 2012 - Ogletree Deakins Wage and Hour Blog - "U.S. Supreme Court denies cert in Fifth Circuit Case—The Future for the Enforceability of Private FLSA Settlement Agreements"
- October 20, 2012 - The American Employment Law Council, 20th Annual Conference - "The NLRB’s D.R. Horton Decision: A Case of Arbitration Agreements, Class Action Waivers, and Agency Overreaching"
- August 7, 2012 - Ogletree Deakins Wage and Hour Blog - "Fifth Circuit Holds Private FLSA Settlement Agreement Is Enforceable"
- March/April 2011 - The Federal Lawyer - "Back on the Cutting Edge: ‘Donning-And-Doffing’ Litigation Under The Fair Labor Standards Act"
- August 2010 - Writing Appellate Briefs and Other Legal Documents for Maximum Impact (National Business Institute) - "Strategic Legal Memorandum Writing: Getting Your Point Across"
- Fall 2008 - The Update - "A Primer On Workplace Bullying"
- April 2008 - DRI’s For the Defense - "A Primer On Workplace Bullying"
- 2008 - Indiana Employment Law Handbook - Sixth Edition - "Wage And Hour Requirements (Chapter Editor)"
- November 2007 - Indiana Employment Law Letter - "Indiana Casino Employees Challenge FLSA Exempt Status"
- 2007/2010 - ABA/BNA Fair Labor Standards Act Treatise - "Supplements (contributing Editor)"
- August 2006 - Indiana Employment Law Letter - "Court Says Employees Aren’t Owed Additional Pay For Time Spent Carrying Pagers"