James Bailey | Washington Employment Lawyer

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About James

Jim represents both individual and corporate clients in issues arising from the employment relationship. Jim has particular expertise in the litigation strategy associated with prosecuting or defending claims alleging business and employment-related torts as well as claims arising under various anti-discrimination laws such as Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. He has successfully defended and brought claims seeking to enforce restrictive employment covenants and is often consulted for advice regarding the drafting of employee covenants not to compete and the protection of trade secrets.

Before founding B&E, Jim was a senior associate with a large Washington, D.C.-based international law firm. Jim has defended some of the largest and most demanding international technology companies, investment firms, and pension plan fiduciaries, in complex, sometimes multi-continental litigation. Jim leverages his broad exposure to a wide range of sophisticated employee benefits matters in his current practice, prosecuting and defending claims arising under the Employee Retirement Income Security Act of 1974 (“ERISA”).

Before entering private practice, Jim served as a member of the U.S. Navy’s Judge Advocate General’s Corps. As a defense attorney, Jim defended service members at many hard-fought courts-martial and administrative hearings. He also served as a Navy staff attorney, where he advised Navy leadership in the areas of federal labor relations, civilian personnel matters, government ethics, and contracts.

Jim is a member of the American Bar Association Section of Labor and Employment Law and Litigation.

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Experience

Partner

Bailey & Ehrenberg PLLC

Present

Washington, DC

Admission

Verified District of Columbia

1999

Verified Pennsylvania

1993

Education

Georgetown Law

L.L.M (Labor & Employment Law)

2001

University of Scranton

Bachelor of Arts (English)

1989

Recognitions & Achievements

Associations
  • The Barristers Member
    2011 - Present
  • American Bar Association, Tort Trial and Insurance Practice Section Vice-Chair, Employee Benefits Committee
    2006 - Present
  • Litigation Counsel of America Fellow
    2006 - Present
  • Society for Human Resource Management Member
    2003 - Present
  • American Bar Association | Member
Honors / Awards
  • Super Lawyer SuperLawyers
    2013-2018

Notable Work

Cases

Bailey & Ehrenberg Client Wins Judgment Against FCC in High Profile Case

A Bailey & Ehrenberg client repeatedly complained to Federal Communications Commission officials that her colleague in the next cubicle was viewing pornography on his work computer. After years of complaints went unaddressed, an investigation by the Agency’s Inspector General disclosed that the employee frequently searched for pornography during the work day and had several pornographic images on a shared drive on his work computer. Our client had been regarded as a top employee at the agency who was given the honorary title “Chief of Staff,” promoted, and always given bonuses. After she complained, she was stripped of important work duties, denied bonuses, and taken off the track for further promotion. “Anybody but the federal government would have fired him, and would have been able to,” BE attorney Peters told Politico. “It absolutely poisoned her entire career.” After years of intensive litigation, our client prevailed on summary judgment on her claim that she was retaliated against for complaining about pornography viewing.

Publications

An active writer and speaker, Jim often speaks at various bar and industry functions and writes for various bar journals, newsletters, and law reviews.

Bailey & Ehrenberg PLLC Highlights

Sexual Harassment, Medical Malpractice, Personal Injury, Bankruptcy Litigation, Employment Discrimination

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