Christopher C. Murray

Shareholder Indianapolis

Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Chris has extensive experience with class/collective action waivers in employment arbitration. Chris was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Chris assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.

Chris also assists employers in addressing a wide variety of employment issues. He advises companies and other organizations on compliance issues, helping clients understand what the law requires and how it applies to their circumstances. He collaborates with clients to develop effective policies and procedures and works with management in handling day-to-day employment and personnel matters.

Chris devotes a substantial portion of his practice to representing clients in litigation and administrative proceedings. He regularly defends employers in single-plaintiff matters in court and arbitration. He has significant experience defending class and collective actions. In 2017 and 2018, Chris led a team that obtained the decertification of two nationwide collective actions with thousands of opt-ins. He also regularly handles appeals in state and federal Courts. Chris has briefed cases in the Second, Fourth, Fifth, Sixth, Seventh and DC Circuits and has argued in the Second, Fifth, and Seventh Circuits. He has also prepared amicus briefs on behalf of employer organizations in multiple Supreme Court cases.

Chris’s practice includes drafting and enforcing restrictive covenants. He represents clients in matters involving confidentiality, non-solicitation, and non-competition agreements and leads efforts to recover misappropriated documents and data. He works closely with computer forensic experts to identify potential misappropriations and to track down employers’ confidential and proprietary that has been improperly retained or copied by employees and others.

Chris also represents clients challenging government regulations. In 2016, Chris and his colleague Jeff Londa obtained a nationwide injunction barring the United States government from implementing the Department of Labor’s new “Persuader Rule,” which, if it had become effective, would have dramatically reduced employers’ access to legal advice in responding to union organizing. Chris has also challenged various NLRB rules on appeal.

A regular speaker and writer on employment law issues, Chris has been interviewed by National Public Radio’s All Things Considered on employment arbitration and quoted in Employment Law360 and Inside Counsel magazine. His blog commentary on FLSA collective certification has been cited in several U.S. District Court decisions.

Following law school, Chris served as a law clerk for Judge Fred I. Parker of the United States Court of Appeals for the Second Circuit. Chris began his career in private practice at a prominent law firm in Chicago. He joined Ogletree's Indianapolis office in 2007.

Chris serves on the Employment Disputes Committee and the Arbitration Committee of CPR: International Institute for Conflict Prevention & Resolution and on the Executive Committee to the Federalist Society’s Labor & Employment Practice Group. In 2013, Chris served as Chair of the Indianapolis Bar Association's Labor and Employment Section. He was appointed by the U.S. District Court for the Southern District of Indiana to the Board of Directors for Indiana Federal Community Defender, Inc., which provides representation to indigent clients in federal court. Chris is also a member of the Board of Managers of the University of Pennsylvania Law School Alumni Society.


Experience

Chris’s litigation experience includes:

  • NLRB v. Murphy Oil, No. 16-307 (U.S. Supreme Court): In highly publicized case, prepared amicus brief on behalf of the Society for Human Resource Management (SHRM) and other organizations regarding enforceability of class action waivers in employment arbitration agreements and contrary to rule promulgated by the NLRB.
  • D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013). Successfully represented D.R. Horton in challenging new NLRB rule banning class and collective action waivers in employment arbitration agreements.
  • NFIB et al. v. Perez et al., 2016 WL 3766121 (N.D. Tex. June 27, 2016): Obtained nationwide injunction barring U.S. Department of Labor from enforcing its new “Persuader” Rule.
  • Patterson v. Raymours Furniture Co., Inc., 659 F. App’x 40 (2d Cir. Sept. 14, 2016): Persuaded Second Circuit Court of Appeals to reject NLRB’s new rule banning class action waivers in employment arbitration agreements.
  • Crawford et al. v. Professional Transportation, Inc. (S.D. Ind.) and Smith et al. v. Professional Transportation, Inc. (S.D. Ind.): Lead counsel defending multiple nationwide FLSA collective actions with approximately 3500 opt-ins against transportation company. Obtained decertification in both cases.
  • Adams v. ArvinMeritor, Inc., 60 N.E.3d 1022 (Ind. 2016): Successfully represented employer before Indiana Supreme Court, obtaining dismissal of plaintiff’s alleged class action claim.
  • Separators, Inc. v. Carmichael et al., No. 41D04-1509-PL-000091 (Johnson Cty Super. Ct., Ind.): Obtained default judgment as sanction for destruction of evidence and contempt against former employees and their new company in action by employer seeking recovery of confidential and proprietary data.
  • Stepp v. Rexnord Indus., Inc., No. 1:13-CV-00683-TWP, 2014 WL 6978329 (S.D. Ind. Dec. 9, 2014): Obtained summary judgment on single plaintiff’s race discrimination claim.
  • Rutland v. Target Corp., No. 1:12-CV-189-WTL-DML, 2013 WL 6189232 (S.D. Ind. Nov. 26, 2013): Obtained summary judgment on single plaintiff’s various discrimination and retaliation claims.
  • Carter v. Tyson Foods, Inc., 2009 WL 4790761 (N.D. Ind. 2009): In putative collective and class action, dismissing plaintiffs' breach of contract, Indiana wage statute, and quantum meruit claims as preempted by federal labor law.
  • Griffin v. Sisters of Saint Francis, Inc., 489 F.3d 838 (7th Cir. 2007). Persuaded Seventh Circuit as a matter of first impression that a male plaintiff cannot state a claim under the Pregnancy Discrimination Act based on an adverse employment action allegedly taken because of his partner’s pregnancy.

Professional Activities and Speeches

Professional Activities:

  • Indiana Federal Community Defender, Inc. (Board of Directors)
  • University of Pennsylvania Law Alumni Society (Board of Managers)
  • Penn Law Alumni Club of Indiana (Founding Member)
  • American Bar Association
  • Seventh Circuit Bar Association
  • Indiana State Bar Association

Speeches:

  • Ogletree Deakins Workplace Strategies Seminar - ''Employment Arbitration Agreements: New Strategies After the Supreme Court Speaks'' - Phoenix - May 10, 2018
  • The Federalist Society Teleforum Call - ''Courthouse Steps: China Agritech v. Resh'' - March 27, 2018
  • Ogletree Deakins Seminar - ''Headline News: Hot Topics in Employment Law'' - Indianapolis - November 02, 2017
  • Ogletree Deakins Webinar - ''The Future of Class Action Waivers: An Up-to-the-Minute Report on the Supreme Court Argument in Murphy Oil'' - October 03, 2017
  • Ogletree Deakins Seminar - ''It’s Gonna Be Huge! A Status Report on the Trump Administration and Employers'' - Fort Wayne - August 24, 2017
  • The Federalist Society Teleforum Call - ''Persuader Rule Update'' - June 29, 2017
  • North American Transportation Employee Relations Association (“NATERA”) California Seminar - ''New Strategies for Avoiding or Defeating Class Action Lawsuits – Even In Litigious California'' - Ontario - June 29, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''Elevating Your Arbitration Programs: Advanced Strategies for Class Action Waivers and Enforcement'' - San Diego - May 04, 2017
  • Ogletree Deakins Seminar - ''Avoiding Employers' Number 1 Risk - Retaliation Claims'' - Indianapolis - September 2016
  • Ogletree Deakins Seminar - ''2015 Legal Review and 2016 Preview'' - Indianapolis - October 2015
  • Ogletree Deakins Seminar - ''More Art than Science: Settling Employment Cases Quickly'' - San Antonio - May 06, 2015
  • Indiana Chamber of Commerce HR Conference - ''I Just Want to Be Me! The Expansion of Individual Expression in the Workplace'' - Indianapolis - April 2015
  • Ogletree Deakins Seminar - ''Eye on Employment Law: Supreme Court Update'' - Indianapolis - October 10, 2013
  • Advanced Business Law Seminar (ICLEF) - ''Resolving Employee Claims & Termination'' - Indianapolis - November 15, 2012
  • Ogletree Deakins Seminar - ''Building a Better Handbook: Tips and Tactics To Strengthen Company Policies'' - Indianapolis - October 03, 2012
  • EEOC Indianapolis Seminar - ''Fair Pay Panel'' - Indianapolis - September 05, 2012
  • State and Local Government Law (National Business Institute) - ''Labor and Employment Law Current Issues and Answers'' - Indianapolis - June 14, 2012
  • Legal Issues Involving Local Governments Seminar (National Business Institute) - ''Municipal Employment Relations'' - Indianapolis - December 01, 2011
  • Ogletree Deakins Seminar - ''Developments in Class/Collective Action Litigation'' - Indianapolis - October 05, 2011
  • National Business Institute - ''Writing Appellate Briefs And Other Legal Documents For Maximum Impact'' - Indianapolis - August 12, 2010
  • M. Lee Smith Publishers, Inc. - ''FLSA Master Class: The Advanced Interactive Overtime Compliance Workshop For Employers'' - Indianapolis - May 03, 2007

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May 14, 2018 - Agenda - "Mandatory Arbitration Is Top of Mind, but Is Change Afoot?"

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