Tom Foley

Tom's Practice Areas

Experience

RSH Legal
Cedar Rapids, Iowa

Attorney (August 2019-present)

  • Represents individuals in all types of employment-related litigation including discrimination, wrongful discharge, defamation, invasion of privacy, tortious interference, and related claims.
  • Represents individuals in all forms of civil rights actions.
  • Represents university and college faculty and staff in tenure disputes, grievances, misconduct actions, and related issues.
  • Represents and advises individuals and small to midsized companies in non-compete, trade secret, shareholder disputes, and related matters.
  • Conducts civil rights and workplace investigations.
  • Certified mediator specializing in employment-related disputes.

Spies, Pavelich & Foley
Iowa City, Iowa

Partner (February 2017 to July 2019)

  • Represents individuals in all types of employment-related litigation including discrimination, wrongful discharge, defamation, invasion of privacy, tortious interference, and related claims.
  • Represents individuals in all forms of civil rights actions.
  • Represents university and college faculty and staff in tenure disputes, grievances, misconduct actions, and related issues.
  • Represents and advises individuals and small to midsized companies in non-compete, trade secret, shareholder disputes, and related matters.
  • Conducts civil rights and workplace investigations.
  • Certified mediator specializing in employment-related disputes.

Whitfield & Eddy Law
Des Moines, Iowa

Member (August 2016 to January 2017)

  • Represented employers and individuals in all types of employment-related litigation including discrimination, wrongful discharge, and related claims.
  • Represented and advised individuals and employers in non-compete, trade secret, shareholder disputes, and related issues.
  • Represented employers regarding traditional labor law matters including collective bargaining, contract administration, unfair labor practice complaints, and other NLRB matters.
  • Represented and advised individuals and companies in all forms of commercial litigation including breach of contract, intentional interference, noncompete, trade secret, defamation, and related matters.

Babich Goldman, P.C.
Des Moines, Iowa

Shareholder (December 2009 to August 2016)

  • Represented individuals in litigated matters within state and federal courts and administrative agencies, with an emphasis on employment discrimination, individual employment rights, civil rights, and related claims.
  • Represented individuals and corporations in non-compete, trade secret, shareholder rights, and other employment separation issues.
  • Advised small to medium sized businesses in breach of contract and other commercial litigation.
  • Conducted workplace investigations.
  • Represented parties in marriage dissolution cases.

Nyemaster, Goode, West, Hansell & O’Brien, P.C.
Des Moines, Iowa

Shareholder (January 1990 to November 2009)
Associate (November 1985 to December 1989)

  • Represented clients in litigated matters within state and federal courts with an emphasis on labor and employment, intellectual property, breach of contract, unfair competition, and other commercial issues.
  • Advised clients regarding the development and implementation of risk management strategies, alternative dispute resolution methods, including conducting workplace investigations and preparing detailed reports.
  • Negotiated and prepared settlement and severance agreements, nondisclosure policies and provisions, employment contracts, non-compete provisions, and other commercial agreements.
  • Represented clients in IOHSA and OSHA proceedings.
  • Served as negotiator or advisor for contract negotiations with the Teamsters, UFCW, ASFME, and other unions.
  • Represented clients in commercial arbitration proceedings and labor arbitration proceedings.
  • Designed and assisted in the implementation of effective union avoidance strategies, including representing companies in union election campaigns.
  • Represents parties in proceedings before the Equal Employment Opportunity Commission, National Labor Relations Board, United States Department of Labor, and similar state administrative agencies.

Education

J.D., University of Iowa College of Law, 1985 (with high distinction).
B.B.A., University of Iowa College of Business Administration, 1982 (with honors).

Bar and Court Admissions

Iowa State Bar, admitted January 1986
United States District Courts for the Northern and Southern Districts of Iowa
Eighth Circuit Court of Appeals

Honors and Peer Review Recognitions

  • Martindale Hubbell rating—AV Preeminent
  • Best Lawyers in America, Employment and Labor (2007-2018)
  • Great Plains Super Lawyer, Labor and Employment (2007, 2009-2018)
  • Selected by The Best Lawyers in America as the Des Moines area’s 2013 and 2016 “Lawyer of the Year” for Employment & Labor and the Cedar Rapids area’s 2018 “Lawyer of the Year” for Litigation-Labor and Employment Law.
  • 2018 Top Rated Lawyer in Labor & Employment Law (ALM and Martindale Hubbell)
  • Frequent speaker and presenter at continuing legal education seminars and at business conferences and meetings.

Academic Endeavors

Publications

  • Author, “Freedom of Contract v. The Right to Work: An Analysis and Some Thoughts on Iowa’s Covenant Not to Compete Law,” 61 Drake Law Review 205 (2012).
  • Author, “Keeping a Company’s Confidences Secret; Trade Secret Enforcement Under Iowa’s Uniform Trade Secrets Act,” 59 Drake Law Review 1 (2010).
  • Co-Author, “Employment Torts: Emerging Areas of Employer Liability,” 39 Drake Law Review I (1989).
  • Wage and Hour Laws, A State-by-State Survey, (BNA 2011)(Chapter Author).

Prior Law School Teaching Experience

  • Employment Discrimination Litigation (Drake University Law School, Spring 2012)(Co-instructed with the Honorable Mark Bennett).
  • Employment Law (Drake University Law School, Fall, 1989)(Co-instructed with Frank B. Harty, Nyemaster Goode P.C.).

Representative Published Decisions

  • Hutchison v. Shull, 878 N.W.2d 221 (Iowa 2016)
  • Myers v. Hog Slat, Inc., 55 F.Supp.3d 1145 (N.D. Iowa 2014).
  • Crutcher-Sanchez v. County of Dakota, 687 F.3d 979 (8th Cir. 2012)
  • Manning v. American Republic, 604 F.23d 1030 (8th Cir. 2010)
  • Doe v. Central Iowa Health Systems, 766 N.W.2d 787 (Iowa 2009)
  • Thrasher v. Grip-Tite Manufacturing Co., 535 F.Supp.2d 937 (S.D. Iowa 2008)
  • InterbakeFoods v. Tomasiello, 461 F.Supp.2d 943 (N.D. Iowa 2006)
  • Orluske v. Mercy Medical Center-North Iowa, 455 F.Supp.2d 900 (N.D. Iowa 2006)
  • Saeemodarae v. Mercy Health Services, 456 F.Supp.2d 1021 (N.D. Iowa 2006)
  • Green v. Racing Association of Iowa, 713 N.W.2d 234 (Iowa 2006)
  • Stephenson v. Wellmark, 705 N.W.2d 106 (Iowa App. 2005)
  • Montgomery v. Deer & Co., 169 F.3d 556 (8th Cir. 1999)
  • Thompson v. City of Des Moines, 564 N.W.2d 839 (Iowa 1997)

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