Biography of John A. Fabian

John Fabian has been practicing law for more than 30 years.  He provides personalized and caring representation to his clients. His professionalism, strong work ethic and dedication to his clients have resulted in his repeated selection as one of the “Top 40 Employment Law Lawyers” in Minnesota and one of the “Top 100 Minnesota Super Lawyers.”

John’s commitment to employees’ rights is marked by his expansive employment practice. He represents clients in all areas of employment law, including sexual harassment, discrimination claims based on gender, race, pregnancy, age, national origin, marital status, sexual orientation, and reprisal. Additionally, John has litigated numerous claims involving the Family Medical Leave Act, Minnesota’s whistleblower statute, Minnesota’s parenting leave statute, wage and hour violations, trade secrets, contract disputes, fraud, and minority shareholder rights. He has aggressively negotiated severance packages for a multitude of clients and serves as a mediator.

Before joining FMA, John served as a Navy Judge Advocate and counsel to the Inspector General to the Department of Defense. John’s unique legal background has proven to be a tremendous asset to his legal practice. As a former counsel to the Inspector General for the Department of Defense, John provided legal advice in support of investigations into fraud, waste, and abuse in the programs and operations of the Department. This background has enabled John to successfully litigate whistleblower claims brought under the False Claims Act against those who defraud the federal government, yielding multi-million dollar recoveries.

Education
J.D. 1981, Hamline University School of Law, Law Review
B.B.A. 1978, University of Wisconsin-Milwaukee, with honors

Admissions
Minnesota Supreme Court
Eighth Circuit Court of Appeals
U.S. District Court for Minnesota

Titles/Awards/Memberships
Named one of the “Top 40 Employment Law Lawyers” Minnesota Law and Politics
Named one of the “Top 100 Super Lawyers” in Minnesota, Minnesota Law and Politics
Named to the Super Lawyers list, Minnesota Law and Politics
Named in “Minnesota’s Who’s Who in Employment Lawyers” Minnesota Law and Politics
Martindale Hubbell, A.V. rating
National Employment Lawyers Association (NELA) Member
Minnesota National Employment Lawyers Association (MNELA) Member
Minnesota State Bar Association Member
Captain, Judge Advocate General’s Corps, United States Navy (Ret.)

Biography of Nicholas G.B. May

Nick May has over 20 years of experience representing employees in their claims of workplace discrimination, retaliation, sexual harassment, failure to pay wages and commissions, and whistleblower violations. He also regularly represents employees in shareholder and partnership disputes, contract claims, claims for misappropriation of trade secrets, breach of fiduciary duty and defamation.

Nick has been repeatedly recognized as one of the “Best Lawyers in America” and one of the “Top 100 Super Lawyers” in Minnesota. In 2019, he was recognized as “Attorney of the Year” by Minnesota Lawyer. He has received an “AV” rating by Martindale Hubbell, demonstrating preeminent legal ability and ethical standards.

Nick has successfully tried lawsuits in state and federal court and has negotiated major settlements for numerous clients. He also has successfully handled appeals in the state and federal courts.

In addition to his success in representing his own clients, Nick has resolved countless cases as a neutral mediator for other parties. In his mediation practice, Nick brings his vast experience, patience, and determination to bear, resulting in the resolution of the vast majority of the cases he mediates.

Education
J.D. 1998, William Mitchell College of Law, Magna Cum Laude
B.A. 1994, University of Iowa

Admissions
Minnesota Supreme Court
Eighth Circuit Court of Appeals
U.S. District Court, Minnesota
U.S. District Court, Western District of Wisconsin
U.S. District Court, North Dakota

Titles/Awards/Memberships

Named 2019 “Attorney of the Year” by Minnesota Lawyer
Repeatedly named as one of the “Top 100 Super Lawyers” in Minnesota
Repeatedly named in the “Best Lawyers in America”
Rated A.V. by Martindale Hubbell
National Employment Lawyers’ Association (past president and board member of Minnesota chapter)
Federal Bar Association
Minnesota Bar Association
Hennepin County Bar Association
Dakota County Bar Association
Washington County Bar Association

Publications/Speaking Engagements

Comparators in Contrast: Who is a Comparator and Who Isn’t? Upper Midwest Employment Law Institute, 2020.
Year in Review – The Top 15 Retaliation Cases of 2019-2020; Upper Midwest Employment Law Institute, 2020.
The State of Sexual Harassment; The Risk Management Society, 2019
Reasonable Accommodations in the Workplace; 2019
FMLA Update; Upper Midwest Employment Law Institute, 2019.
Paying the Cost When it’s the Boss – Sexual Harassment by Owners and Senior Leaders; Upper Midwest Employment Law Institute, 2018.
Mental Health and the ADA; Upper Midwest Employment Law Institute, 2017.
Employment Law Basics; The New Lawyer Experience, 2016-2020.
Seven Important Aspects of Employment Litigation; Upper Midwest Employment Law Institute, 2015.
Representing the Attorney Client; 2014.
Understanding Disparate Impact Discrimination; 2013.
Whistleblower Amendment Act – Strengthening Protections for Whistleblowers; 2013.
Gender Issues in the Legal Workplace; 2012.
The Basics of USERRA; 2012.
The Latest Word in Hiring Discrimination Cases; Public Sector Labor and Employment Law, 2012.
Co-Author – “Enforcement,” The FMLA Handbook, 2012.
Enforcement of the FMLA; Upper Midwest Employment Law Institute, 2012.
The Expanding Scope of Retaliation Claims; Agency Investigator Training, 2011.
Hot Topics in Employment Law, Dakota County Bar Ass’n; 2008.
A.D.A. or R.I.P? – Breathing Life Into An ADA Claim; National Employment Lawyers Association, Eighth Circuit Conference 2006.
What Caps? Mixing and Matching Damages to Maximize Recovery in Employment Discrimination Cases; Employment Law Institute, 2004.
What Really Counts: Practical Tips For Wage And Commission Claims Under Chapter 181; 2004.
Internal Investigations Involving Executives and Other Senior Management: Problems and Pitfalls; 2003.
Top Ten Mistakes Employers Make in Discipline and Termination Decisions; 2002.
Preemption of Common Law Negligence Claims by the Minnesota Human Rights Act; 2001.

Biography of Jeffrey P. Anderson

Jeff Anderson is Of Counsel at Fabian May & Anderson. He has over 20 years of legal experience advocating for the rights of employees.  In addition to his employment practice, Jeff has experience and specializes in business litigation, agricultural litigation, trade secrets, confidentiality, non-competes and general business contracts.  He frequently has been acknowledged as a “Super Lawyer” by Mpls./St. Paul Magazine.

Besides his employment and business litigation practice, Jeff is one of a few attorneys in Minnesota who successfully prosecutes agricultural, livestock and land use claims. He has successfully litigated farm claims arising from stray voltage, defective feed storage systems, hog window pricing, livestock vaccines and dairy animals affected with debilitating viruses and diseases.

Jeff is a conscientious attorney who achieves proven results for his clients. He is a recognized authority on the rules of trial procedure and frequently lectures on the effective uses of court rules in civil litigation. Jeff is also a certified ADR-Rule 114 Neutral for mediation and arbitrations.

Education
J.D. William Mitchell College of Law, Magna Cum Laude
M.A. University of Minnesota
B.A. St. Olaf College

Admissions
Eighth Circuit Court of Appeals
U.S. District Court for Minnesota
Minnesota Supreme Court

Publications/Speaking Engagements
MSBA Civil Litigation Section: Offers of Judgment and Avoiding the Pitfalls of Rule 28; March 2006
Featured in “Minnesota Lawyer”, Vol. 10, No. 154, April 10, 2006

Titles/Awards/Memberships
Named a “Top Lawyer,” Mpls/St. Paul Magazine
Named a “Super Lawyer” Minnesota Law and Politics
Named in “Who’s Who in Employment Law,” Minnesota Law and Politics
Received Martindale Hubbell A.V. rating
Law and Leading Attorneys
Minnesota State Bar Association Member
Civil Litigation Counsel for Minnesota State Bar Association
Minneapolis Achieve Program Member

David H. Redden

Dave Redden has been a strong advocate for employees for over a decade, helping them retain their jobs, leave their jobs with dignity, or assert their legal rights after being unfairly terminated.

Dave has counseled with and zealously advocated for employees in all manner of employment-related matters, including employment discrimination, retaliation and whistleblowing, disability accommodations, medical or family leave, and minimum wage and overtime issues, as well as non-competition, non-solicitation and other contract disputes or negotiations. In each case Dave relentlessly focuses on furthering his client’s goals, and his clients appreciate his ability to explain complex laws and strategies in relatable ways.

A 2010 graduate of the University of Minnesota law school with a concentration in labor & employment law, Dave has since successfully negotiated large settlements for numerous clients, has tried multiple lawsuits to verdict, and has successfully argued cases in both state and federal courts of appeals.

Awards

Minnesota Super Lawyers Rising Star, 2016-present

Admissions

Minnesota Supreme Court
U.S. District Court for the District of Minnesota
U.S. District Court for the Western District of Wisconsin
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the District of North Dakota
U.S. Eighth Circuit Court of Appeals

Memberships

National Employment Lawyers’ Association, Minnesota Chapter (Board Member, 2017-present)
Minnesota State Bar Association
Hennepin County Bar Association (Labor & Employment Section Co-Chair, 2016-2018)

Presentations

• Problem Employees Pitfalls and Solutions: What to Do When the Problematic Behavior Stems from a Mental Health Condition (co-presenter), Minnesota CLE, 2016 and 2019
• Employment Law Overview (presenter), IBEW Local 292 Steward Training, 2017 and 2018
• The Interplay Between Workers’ Compensation and Employment Law: What Workers’ Compensation Attorneys Need to Know from Employment Attorneys and Vice Versa (co- presenter), Hennepin County Bar Association, 2016
• Workplace Discrimination Overview (presenter), St. Thomas School of Business, 2014
• Wired in the Workplace: The CFAA and SCA in Employment Litigation, Hennepin County Bar Association, 2010

Lucas J. Kane

Lucas J. Kane joined FMA as a law clerk in 2017, and represents employees before, during, and after their employment in circumstances involving the payment of wages, discrimination, harassment, and retaliation. Luke also has considerable experience advising employees with various employment-related contractual arrangements ranging from severance agreements to non-competition agreements and other restrictive covenants. He has represented clients before administrative agencies, in state and federal courts, and in arbitrations and mediations. Luke prides himself on bringing a personable and a common-sense approach to his practice. Luke has been recognized by Minnesota Super Lawyers as a Rising Star, which honors no more than 2.5 percent of attorneys who are under 40 or have been in practice for 10 years or less.

Luke obtained his J.D. from the University of St. Thomas School of Law. While in law school, Luke earned the Dean’s Award in Banking Law, contributed to the drafting of an amicus brief submitted to the United States Supreme Court in Trinity Luther Church of Columbia, Inc., v. Comer, 137 S. Ct. 2012 (2017), and served as Articles Editor for the University of St. Thomas Law Journal. Prior to joining FMA, Luke worked as law clerk in both the private and public sector and built the skills necessary to become a successful litigator and advocate.

Education

J.D., 2017, University of St. Thomas School of Law, magna cum laude
B.A., 2014 The University of Iowa, Political Science and Communication Studies

Admissions

State of Minnesota
Federal District for the State of Minnesota
Eighth Circuit Court of Appeals

Titles/Awards/Memberships

Minnesota Bar Association
Hennepin County Bar Association
National Employment Lawyers Association
University of St. Thomas Mentor Externship Program
Minnesota Super Lawyers, Rising Star

Speaking Engagements

Employment Law Overview, IBEW Local 292

Elizabeth M. Binczik

Beth is an associate attorney who advises and represents employees in employment-related matters, including disputes involving discrimination, harassment, and retaliation in the workplace for reasons related to sex, race, disability, religion, age, need for medical leave, or for blowing the whistle on illegal practices.  Beth also works with employees in circumstances involving restrictive covenants, including non-competition and non-solicitation agreements.

 Beth obtained her J.D. from the University of Minnesota Law School.  While in law school, Beth earned Book Awards in Employment Law (Fall 2014), Labor Law (Fall 2014), and Mergers & Acquisitions (Spring 2015) and served as an Articles Submission Editor for the Minnesota Law Review.  Prior to joining FMA, Beth clerked for the Honorable Edward J. Cleary, Chief Judge of the Minnesota Court of Appeals.

Education

J.D., 2016, University of Minnesota Law School, summa cum laude

B.A., University of Minnesota, Morris, Political Science and Psychology, high distinction

Clerkship

Honorable Edward J. Cleary, Chief Judge of the Minnesota Court of Appeals, 2016-2017 Term