Kenneth Kirschner joined Heller Ehrman as a shareholder in January 2006 and is Chair of the Firm’s Labor and Employment Practice Group.

Experience

Mr. Kirschner is an accomplished litigator and represents corporations and management exclusively. He defends corporations in individual plaintiff and class action litigation based on claims of discrimination, wrongful discharge, wage, hour and overtime claims, employment contracts, non-compete arrangements and sexual harassment. He also advises management on the labor aspects of mergers and acquisitions, labor audits and the extraterritorial application of U.S. laws.

Mr. Kirschner represents corporations in mediations, arbitrations and collective bargaining, and provides advice on preventive measures with unions regarding organizing campaigns, elections and unfair labor practice charges. He frequently appears before various federal and state agencies including the EEOC, NLRB, OSHA, OFCCP and the Department of Labor. Mr. Kirschner regularly advises clients regarding the development and implementation of affirmative action plans, reasonable accommodation of disabilities in employment and facilities, personnel policies and discipline and discharge of employees. He also provides advice regarding reductions-in-force and disparate impact analysis. He regularly conducts training seminars on these and other labor-related topics.

Mr. Kirschner has represented corporations in a number of corporate investigations including Sarbanes-Oxley claims. Many of the cases he has successfully litigated have become seminal decisions in the areas of discrimination, labor relations, non-profit organizations, and employment issues.