OUR PEOPLE

Frank L. Day, Jr.

Frank L. Day, Jr.

Counsel / Memphis

Frank Day devotes his practice to helping clients accomplish business objectives through employment law litigation and counseling.

Frank has successfully represented national retailers, health care providers, and various other public and private employers in matters arising under Title VII, the ADA, FMLA, ADEA, USERRA, and various other federal and state statutes.

He has extensive litigation experience in many different forums, and he has helped many clients prevail on summary judgment and at trial. Frank frequently serves as a faculty member at employment law seminars, and he has published articles in the ABA Employment Law Newsletter, the Tennessee Bar Journal, and the University of Memphis Law Review. He graduated from the University of Memphis School of Law with honors where he also received special recognition for his performance in moot court and mock trial competitions.  

Representative Experience
  • Initiated a lawsuit in federal court to enforce a non-compete agreement and developed evidence in discovery that supported additional claims for civil conspiracy, unlawful competition, intentional interference with business relationships, and misappropriation of trade secrets. After filing an amended complaint to bring claims against eight separate defendants, negotiated a favorable settlement in the amount of $450,000.

  • Secured a temporary restraining order and a preliminary injunction on behalf of an automobile manufacturer to prevent a former employee from utilizing or disseminating confidential and proprietary company information.

  • Successfully defeated a discrimination lawsuit brought against a national retailer by exploiting technical defect contained in a service document, which resulted in dismissal, and plaintiff was unable to refile the lawsuit to comply with the rules because the claims had become time barred.

  • Represented a national retailer in a lawsuit alleging claims arising under Title VII, retaliation, and breach of contract, which the federal district court dismissed on summary judgment.

  • Represented a client in a multi-million dollar state court jury trial that resulted in a defense verdict.

  • Represented a client in federal discrimination lawsuit arising under the ADA and FMLA that resulted in summary judgment and ended with another favorable ruling from the Sixth Circuit Court of Appeals.

Honors & Awards
  • "Mid-South Rising Stars," Super Lawyers magazine (2016)
Events