Neil’s practice is a mixture of counseling, negotiation, and litigation.
Neil advises employers on compliance with federal and state laws such as the Americans with Disabilities Act, the Age Discrimination in Employment Act, COBRA, the Fair Labor Standards Act, Family Medical Leave Act, Title VII of the Civil Rights Act of 1964, USERRA, and the Virginia Wage Payment Act. He is often called upon to help management navigate the various day-to-day landmines throughout the life cycle of the employer-employee relationship.
Neil also works with technology companies on a variety of matters ranging from corporate issues to licensing and other intellectual property issues.
Neil drafts and negotiates employment agreements for his clients, which include the tricky issues surrounding non-competes and other restrictive covenants. On the employment agreement front, Neil represents employers, executives, physicians, and other professionals.
Neil has litigated a variety of employment issues in various state and federal courts including wrongful discharge claims, discrimination and harassment suits, wage and hour claims, misappropriation of trade secrets, business conspiracy claims, restrictive covenants, and other business torts. He also regularly represents employers before the Equal Employment Opportunity Commission and the Virginia Employment Commission.
A native Richmonder, Neil enjoys live music, tennis, scuba diving, and traveling.
- University of Richmond, School of Law, J.D., 1999
- Moot Court Board
- Extern Judicial Law Clerk for the Hon. Robert E. Payne, U.S. District Court for the Eastern District of Virginia, Fall 1998
- Tulane University, B.A., English, 1993
Disclaimer: Case results depend upon a variety of factors unique to each case. ThompsonMcMullan cannot guarantee or predict similar results in any future case taken by the attorney.
- Represented school boards in collective actions under the Fair Labor Standards Act.
- Represented food packaging company in action against former executive for breaches of restrictive covenants and fiduciary duty.
- Obtained favorable outcomes for industrial machinery manufacturer in multiple cases throughout the country defending claims by purchasers for breach of contract, fraud, and various Uniform Commercial Code claims.
- Represented technology companies in defense of derivative claims and facilitated ultimate shareholder buyouts.
- Represented property owners in defense of public accommodation claims under the Americans with Disabilities Act.
- Obtained dismissal of all claims against shareholders and payment of their attorney’s fees in claims by condominium association alleging a variety of claims including fraud, violations of the Virginia Condominium Act, and Virginia Consumer Protection Act.
- Obtained ruling invalidating multiple mechanic’s lien claims on various properties on behalf of an energy company.
- Successfully defended bank at trial in quiet title action by homeowner.
- Serves as local counsel in matters pending in the United States District Court for the Eastern District of Virginia.
- Represented IT subcontractor in an employee transfer agreement.
- Represented IT contractor in bid protest to Virginia Information Technology Agency.
- Draft and review consulting agreements, services agreements, independent contractor agreements, teaming agreements, non-disclosure agreements, and outsourcing agreements.
- Advised clients on employment issues, including independent contractor-employee status.
- Represented enterprise architect in defense of non-compete agreement.
- Represented IT contractor in prosecution of non-solicitation agreement.
Holleman v. Colonial Heights Sch. Bd., 854 F. Supp. 2d 344 (E.D. Va. 2012) – granted summary judgment on gender discrimination and retaliation claim.
McFarland v. Va. Ret. Servs. of Chesterfield, L.L.C., 477 F. Supp. 2d 727 (E.D. Va. 2007) – obtained dismissal of wrongful discharge claims against individual members of a limited liability company.
English Boiler & Tube, Inc. v. GLEX, Inc., 2012 U.S. Dist. LEXIS 81505 (E.D. Va. June 12, 2012) – successfully opposed Texas corporation’s motion to dismiss for lack of personal jurisdiction.
- AV Peer Review Rated in Martindale-Hubbell
- Appointed to the Virginia State Bar Association “Technology and the Practice of Law” Committee, July 2014
- Selected by peers for inclusion in The Best Lawyers in America© in the field of Employment Law (Woodward/White, Inc., of Aiken, SC), 2016 – 2019
- Selected to the Super Lawyers Virginia List, Employment & Labor category, 2013 – 2018; Top 100 Lawyers list in the state and Top 50 Lawyers Richmond, 2015
- Selected to the 2011 Super Lawyers Virginia list, Rising Star in the Employment & Labor Law category
- Selected to the 2009 and 2010 Super Lawyers Virginia list, Rising Star in the Business Litigation category
- Virginia Business Magazine’s “Legal Elite”, Labor/Employment category, 2010 – 2017
- Virginia Business Magazine’s “Legal Elite”, Business Law category, 2009
Upcoming Speaking Engagements
Past Speaking Engagements
On January 17, 2019
Amid my best attempts to combat the winter doldrums and decide which day should be the final cutoff for saying, “Happy New Year,” I’ve reviewed the proposed bills introduced . . .
On August 29, 2018
On August 28, 2018, the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued six opinion letters on a variety of topics under the Family Medical Leave . . .
Amended Statutes Enacted July 1 Extend Employment Rights to Virginia Employees in the National Guards of Other States
On July 17, 2018
Effective July 1, 2018, Virginia Code §§ 44-93.2-93.4 now also protect those private employees employed in Virginia and serving in the National Guard of another state. Prior . . .
On April 24, 2018
On April 2, the Supreme Court of the United States rendered its opinion in Encino Motorcars, LLC v. Navarro, 200 L. Ed. 2d 433 (2018). The case involved Hector Navarro . . .
On May 19, 2016
In July of last year, I wrote a blog entry about the Wage and Hour Division of the Department of Labor (DOL)’s issuing a proposed rule revising the . . .
On July 9, 2015
On July 6, 2015, the Wage and Hour Division of the Department of Labor (DOL) issued its proposed rule and request for comment entitled “Defining and Delimiting the Exemptions for . . .
On April 28, 2015
In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of . . .
On April 8, 2015
If an employee lashes out against a supervisor on social media with a string of obscenities, you can fire that employee, right? You would think so, but not always. Context . . .
On March 18, 2015
Some of you may recall the George and Ira Gershwin song, They Can’t Take That Away From Me made famous by Fred Astaire and Ginger Rogers in the film . . .
New Executive Order Prohibits Discrimination on Basis of Sexual Orientation and Gender Identity for Federal Employment, Federal Contractors, and on Federal Construction Projects
On July 30, 2014
On July 21, 2014, President Obama entered yet another executive order related to employment. This latest order amends two previous executive orders, Executive Order 11478 and Executive Order 11246. With . . .
- Virginia State Bar
- Leadership Metro Richmond, Class of 2013
- Member, Virginia State Bar’s Future of Law Practice Task Force
- Member, Virginia State Bar’s Technology and the Practice of Law Committee
- Eastern Virginia Region of the American Red Cross, Board Member, 2007 – present
- Annual Board Service Award, 2017
- MEDARVA Healthcare (formerly Richmond Eye and Ear Healthcare Alliance, Inc.), Board Member, 2013
- St. Joseph’s Villa, Member of the Board of Trustees, 2010 – present
- Community Brain Injury Services (formerly Community Futures Foundation), Board Member, 2007 – 2011
- University of Richmond School of Law Alumni Association, Board Member, 2006 – 2009