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Michele A. Whitham

Michele A. Whitham
Title:Partner
Co-Managing Partner 2001 - 2008
Networks:
Foley Hoag - Boston
School:
  • Cornell Law School
  • Cornell University
  • Cornell University
Bio:

Michele Whitham is both the former Co-Managing Partner of Foley Hoag LLP and a widely respected employment law practitioner, recognized for her accomplishments by Chambers USA and Massachusetts SuperLawyers. Among her particular specialties is workplace and corporate data security and privacy.

Michele represents employers in every aspect of the employment relationship, including designing cutting-edge employment policies and practices, advising with regard to workplace issues as they arise, and resolving employment disputes using an array of dispute resolution modalities. She also advises global businesses in North America, Europe, Africa and Asia/Pacific on strategic human resource issues.

Employers rely on Michele for representation in federal and state courts, administrative fora, and ADR proceedings. She has been lead counsel in employment law cases throughout Massachusetts, New England, and more than a dozen states nationwide. She has particular strength in litigating claims involving computer fraud and abuse by employees (including electronic theft of proprietary information and other system incursions), defending complex EEO, ERISA, and wage and hour claims (including class actions), enforcing non-competition and non-solicitation agreements, and resolving executive compensation disputes. In addition to her trial practice, Michele has over 25 years of ADR experience, having frequently acted as lead negotiator in direct and facilitated dispute resolution sessions, facilitated the resolution of a variety of multi-party disputes, and designed corporate dispute resolution mechanisms. 

Her success at litigation and dispute resolution gives Michele a practical perspective on structuring policies and procedures that seek to minimize problems in the workplace and facilitate effective resolution if problems arise. She works with clients to audit employment policies, practices and procedures, guides layoffs and restructurings (with a focus on designing statistical workforce monitoring programs), and negotiates employment offers and contracts, severance agreements and intellectual property agreements.

Based on her experience in litigating and advising on data theft, systems breach and cyber-attack cases dating back to 2005, Michele founded and is a co-chair of Foley Hoag's Security and Privacy Practice Group. She conducts internal investigations of alleged employee misconduct and protects companies from internal and external threats to computer systems and proprietary information. Her work reflects advanced knowledge of computer forensic discovery and recovery techniques, and she has successfully litigated to interrupt cyber-attacks and identify cyber-attackers. Her knowledge of data privacy and security law is extensive.

2011 Highlights

  • Speaker, "Anatomy of Data Breaches: The Technology of How They Happen and the Legal Response," Applied Science and the Law: 21st Century Technology in the Courts, presented by the National Foundation for Judicial Excellence (July 2011)
  • Senior Reviewer for "Race, Ethnicity and National Origin Discrimination Update" Chapter of 2011 MCLE's MA Employment Law Update
  • Speaker, 2011 Labor Law Seminar, "Challenges and Perils in the Electronic Workplace"
Contact Infocontrol
Email:
Phone:617 832 1239
Fax:617 832 7000
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Our Network

  • Jesse Harlan Alderman

    Jesse Harlan Alderman

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    Administrative; Environmental; Litigation

    School:
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    Hometown:
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  • Erica Lyn Silverstein

    Erica Lyn Silverstein

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    Corporate Law

    School:
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    Hometown:
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    Interests:
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    Hometown:
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  • Jeremy A. Younkin

    Jeremy A. Younkin

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    School:
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    Hillary J. Fitzpatrick

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    Litigation

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  • Malcolm G. Henderson

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    Michael J. Licker

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  • Dana M. Gordon, Ph.D.

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