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    1. Home
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    3. Neal J. McNamaraPeople
    1. Home
    2. People
    3. Neal J. McNamaraPeople

    Neal J. McNamara

    Senior Counsel


    • Providence
    • Office401.454.1019
    • nmcnamara@nixonpeabody.com
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    Introduction

    Neal McNamara is a member of the Labor and Employment group. He represents companies and organizations of all sizes, counseling them regarding employment issues and defending them when they are sued on employment-related issues.

    Practice Areas

    Arbitration, Mediation & Alternative Dispute ResolutionERISA LitigationLabor & EmploymentLabor & Employment LitigationLitigationNon-Compete & Trade SecretsWorkplace: Policies, Procedures & Training

    Industries

    Fashion

    My focus

    I focus on two main areas—both connected to the workforce.

    I counsel clients on issues with their employees and defend them if disputes arise. I advise my clients on the full range of employee issues, from handling the very tricky interplay of FMLA leaves, workers compensation and the ADA, to drafting employment policies, to investigating complaints of discrimination and harassment, and to crafting agreements to protect the client’s trade secrets and confidential information. I do this with an eye to preventing litigation.

    When that is not possible, I defend clients in suits alleging discrimination, harassment and breach of employment agreements. I recently obtained a jury verdict for a client in a case alleging discrimination on the basis of race, national origin and religion. I also obtained summary judgment in a case involving similar allegations. In addition, I represent clients in lawsuits where they seek to enforce employment agreements and protect their trade secrets and confidential information.

    Looking ahead

    I expect to see an increase in the number of age discrimination complaints as well as complaints claiming national origin and religious discrimination. In addition, I believe that employers will face increasing challenges related to protection of trade secrets and confidential information, including enforcement of non-compete and non-solicit agreements.

    Insights

    • “MDA Advocacy Institute: Employment Rights for People Living with a Disability,” Muscular Dystrophy Association, Webinar, October 2020

    In the news

    • Worcester Patch

      For St. Patrick's Day, Neil McNamara and two Neal McNamaras meet

      This St. Patrick’s Day-related article connecting three Neal/Neil McNamaras in the Worcester, MA, and Providence areas includes Providence Labor & Employment senior counsel Neal McNamara.

      March 16, 2023
    • Law360

      Ex-Upserve Exec Ordered to Stop Work at Payment Processor

      Providence office managing partner Andrew Prescott, partner Neal McNamara, and associate Aaron Nadich, all of the Labor & Employment group, are mentioned for representing restaurant management platform provider Upserve in a breach of contract case against a former executive. The judge in the case this week granted Upserve’s motion for preliminary injunction and barred the former executive from working at his new employer, an Upserve competitor.
      April 29, 2020
    • Law360

      Ex-CVS exec's move to Amazon pharmacy barred by judge

      This article mentions Providence Labor and Employment partner Neal McNamara for his successful representation of CVS in a suit to enforce a noncompete agreement signed by a former high-level executive who left the company for a similar role with Amazon.
      June 18, 2019
    • Rhode Island Lawyers Weekly

      Employment—disability—judicial estoppel

      Partner Neal McNamara and associate Aaron Nadich, both of the Labor & Employment practice group in Providence, are mentioned for their successful representation of Honeywell in a disability discrimination suit.
      April 30, 2019
    • Bloomberg Daily Labor Report

      Southwest worker says reporting affair brought retaliation

      Providence labor and employment partner Neal McNamara is noted as representing Southwest in this article about recent developments in a lawsuit filed by a Southwest employee claiming that she was subjected to retaliation and a hostile work environment after she complained about her husband’s affair with her supervisor.
      Dec 28, 2016
    • Rhode Island Lawyers Weekly

      FOIA Decision Analyzes Public v. Privacy Interests

      This story notes a federal judge’s order in the Freedom of Information Act case requiring the government to release redacted medical records entered as evidence at a doctor’s trial—a win for Rhode Island journalist Philip Eil. Providence Labor & Employment partner Neal McNamara and associate Jessica Jewell are quoted in the piece as Eil’s pro bono counsel on behalf of the Rhode Island chapter of the American Civil Liberties Union.
      Oct 4, 2016
    • Providence Business News

      ACLU prepared to defend Warwick media outlets threatened with lawsuit over posting public report

      This piece notes that the American Civil Liberties Union of Rhode Island will represent two local media outlets if they are sued for writing about how local school administrators handled accusations of sexual misconduct by a teacher. Providence office managing partner Neal McNamara and associate William Wynne are mentioned as ACLU volunteers who will represent the media if the lawsuit moves forward.
      March 30, 2016
    • Rhode Island Public Radio

      Q&A: Phil Eil on His Battle to Get Evidence from a 2011 Drug Trial

      Providence office managing partner Neal McNamara and Providence Labor & Employment associate Jessica Jewell are mentioned in this radio show Q&A for their pro bono work in filing a Freedom of Information Act lawsuit for the American Civil Liberties Union of Rhode Island on behalf of a local journalist.
      March 14, 2016
    • Esquire

      Why Is the DEA Not Cooperating with This FOIA Request?

      A journalist looking to write a book on the former Chicago physician dubbed the “Pill Mill Doctor” is seeking thousands of pages of evidence about the trial from the DEA. Providence office managing partner Neal McNamara and the ACLU are advising the journalist.
      Dec 2, 2015
    • Portsmouth Daily Times

      ACLU Sues for Volkman Trial Info

      Providence office managing partner Neal McNamara and Providence Labor & Employment associate Jessica Jewell are noted as the American Civil Liberties Union of Rhode Island's counsel in filing a Freedom of Information Act lawsuit on behalf of a local journalist.
      March 19, 2015

    Admitted to practice

    Rhode Island
    Massachusetts
    New York
    U.S. District Court, District of Rhode Island
    U.S. District Court, District of Massachusetts
    U.S. District Court, District of Connecticut
    U.S. District Court, Southern District of New York
    U.S. District Court, Eastern District of New York
    U.S. Court of Appeals, First Circuit

    Education

    Columbia University, M.A., History
    New York University School of Law, J.D.
    University of Pennsylvania, B.A., magna cum laude

    Professional activities

    • Member of the board of directors of the Rhode Island Disability Law Foundation since 1998 and has served as the chair since 2008
    • Member of the Board of the Federal Bar Association of Rhode Island since 2003
    • American Bar Association
    • Board of The Scandinavian Home
    • McAuley House
    • Rhode Island Bar Association
    • The Women’s Fund of Rhode Island

    Recognition

    Neal was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the fields of Employment Law—Management; Labor Law—Management; Litigation—Labor and Employment. Neal has been listed in Best Lawyers since 2007, and was named the Best Lawyers® 2019 Labor Law—Management “Lawyer of the Year” for Providence, RI.

    Neal has been recognized as “Senior Statespeople” in Chambers USA: America’s Leading Lawyers for Business 2022 for Labor & Employment (Rhode Island). Neal has been recognized by Chambers USA in previous years.

    Neal was named a “Litigation Star” by Benchmark Litigation in 2019.

    Neal has also been recognized in multiple years as a “Rhode Island Super Lawyer” in labor and employment (based on a peer-review survey by Thomson Reuters), and as Lawyer of the Year by Rhode Island Lawyers Weekly.

    Neal has also received an AV® Preeminent Rating in labor and employment law, the highest rating by Martindale-Hubbell.

    Neal was awarded the 2011 Dorothy Lohmann Community Service Award by the Rhode Island Bar Association for his charitable work with the Rhode Island Coalition Against Domestic Violence.

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