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print full bioKelly A. Moffitt
Profile
Kelly Moffitt’s practice is focused on employment litigation. She represents clients in agency and court proceedings in matters including discrimination, retaliation, harassment, whistleblowing, and non-compete and trade secret disputes. She has defended clients in class action lawsuits arising under wage and hour laws, ERISA, and the WARN Act. She has also successfully defended numerous cases arising under the FMLA. Kelly’s trial experience includes first chairing an arbitration, in which she obtained an award dismissing all claims against her client. Kelly also provides employment counseling advice to clients, and was seconded to a national company for several months to serve as the company’s interim labor and employment law counsel. In addition to her employment litigation work, Kelly is also experienced in commercial and business litigation, including securities class actions, contract disputes, and products liability defense. Kelly regularly speaks at seminars on employment-related topics.
Experience
- Obtained summary judgment for employers in several FMLA interference and retaliation cases
- Handled various claims before governmental agencies (e.g., obtained findings of no probable cause from the Equal Employment Opportunity Commission and state human rights agencies on discrimination charges)
- Defended a Sarbanes-Oxley whistleblower case before the Department of Labor
- Represented clients in motions for temporary restraining orders in several non-compete cases
- First-chaired an arbitration of a commercial dispute, resulting in a complete dismissal of all claims against client
- Second-chaired a trial involving a claim of fraud in connection with a commercial transaction
- Obtained summary judgment in a more than one million dollar commercial lease dispute
- Obtained summary judgment for an equipment maintenance company in a million dollar case on contractual limitation of liability grounds
- Won an appeal related to issues of personal and subject matter jurisdiction
- Defended clients in class action lawsuits arising under securities laws, wage and hour laws, ERISA, and the WARN Act
- Served, on secondment, as interim in-house labor and employment law counsel for a national company with operations in 40 states
Education and Honors
J.D., with distinction, University of Iowa College of Law, 2004
B.A., summa cum laude, University of Northern Iowa, 2000
- Rising Star by Minnesota Law & Politics (2007, 2009, 2010, 2011 and 2012)
Professional Activities
- Hennepin County Bar Association (New Lawyers Section, CLE Director, 2005-07)
- Minnesota State Bar Association
- Minnesota Women Lawyers
- Young Professionals of the Twin Cities
- Windom Community Council (Board Member, 2012-2014 term)
- Minnesota State Bar Association - "Age Discrimination - Overview of Key and Current Issues" - Minneapolis - July 6, 2011
- Spring Upper Midwest Employment Law Institute (moderator) - "Federal Judges Speak - Rule 12 Dismissals, Summary Judgment, Injunctions, Trial Practice, and More!" - Minneapolis - May 23, 2011
- 2010 Iowa SHRM State Conference - "Employer Dress Codes – Can You Be Sued For “Appearance Discrimination?" - Des Moines - September 30, 2010
- Ogletree Deakins Labor & Employment Law Briefing - "Wearing the Uniform: Avoiding Appearance Discrimination Lawsuits" - Minneapolis - September 16, 2010
- Minnesota CLE Business Law Institute - "Identity Theft: How Businesses Can Avoid Litigation" - Minneapolis - April 28, 2008
In The News
- 2008 - Texas Journal of Oil, Gas, and Energy Law - "Developers See Green and Neighbors See Red: A Survey of Incentives and Mandates for the Development of Alternative Energy and the Unfolding Challenges"
- Fall 2006 - Minnesota State Bar Association Hearsay - "Eighth Circuit Nixes Emotional Distress Damages Under the FMLA"
