Nicole Dunlap concentrates her practice in representing management clients in both employment and labor litigation.
Nicole also advises clients on litigation avoidance, labor relations, and compliance with various federal employment statutes. She has defended numerous national retail and healthcare corporations in employment litigation involving the Age Discrimination in Employment Act (ADEA); gender discrimination claims under Title VII; the Family and Medical Leave Act (FMLA); and the Tennessee Human Rights Act (THRA).
Nicole has litigated numerous cases, in both state and federal court, involving violations of non-compete agreements, trade secret laws, breaches of fiduciary duty, and other related claims, including experience trying the enforcement of a non-compete agreement in a federal jury trial.
Nicole also has substantial experience representing healthcare facilities in labor litigation. As second chair, she has tried unfair labor practices in multiple bench trials before administrative law judges, including 8(a)(1), 8(a)(3) discharges, and a complex 8(a)(5) bad faith bargaining charge under the National Labor Relations Act (NLRA). In trying these charges, she was an integral part of the trial team, involved in developing trial strategy, managing documents, preparing and questioning witnesses, drafting post-trial briefs and various memoranda regarding enforcement of subpoenas and privilege issues.
In addition, Nicole has experience with other administrative agencies, including drafting position statements to the Equal Employment Opportunity Commission (EEOC) and facilitating audits by the Wage and Hour Division of the Department of Labor (DOL).
Upon graduating from law school, Nicole served as a law clerk to the Hon. David R. Farmer of the Tennessee Court of Appeals. During law school, she interned with the Hon. Diane K. Vescovo, magistrate judge for the U.S. District Court, Western District of Tennessee and the National Labor Relations Board, District 26. She served on the editorial board of the University of Memphis Law Review, and as a Cecil C. Humphreys law fellow, she was honored to assist several professors in civil procedure and evidence research and updates to the book, Tennessee Civil Procedure.