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.
2012 Highlights
- Panelist-Moderator, “Current Challenges and Opportunities in Cyber-Security,” presented by Foley Hoag LLP Tech Talk Tuesdays (January 24, 2012)
- Panelist-Moderator, “Cyber-Security Emerging Threats and Regional Collaboration Strategies,” presented at the 2012 New England Regional Cyber-Disruptions Conference (February 1, 2012)
- Co-author, “Liability for Hacking—Protecting Your Company From Legal Risks,” CSO Magazine (upcoming issue)
