Kim F. Ebert

Shareholder || Indianapolis

For over forty years, Mr. Ebert has defended the interests of employers in the full range of labor and employment matters.  He has played a significant role in working with clients to develop a national strategy for labor and employment, and also regularly has assisted in due diligence in acquisitions and divestitures.

As a labor lawyer, Mr. Ebert has negotiated over 100 collective bargaining agreements, including agreements related to facility closings and work transfers.  He has played a key role in strike planning and related state court injunction litigation.  Mr. Ebert has also handled more than 200 arbitrations. He has successfully helped employers develop positive employment practices and resist union organizing by all of the major labor organizations in the United States.

As a litigator, Mr. Ebert has served as lead counsel both at the trial and appellate level in class, collective and multi-plaintiff actions, as well as the full range of individual suits under federal and state law.

A past member of the American Bar Association’s Standing Committee on Continuing Education of the Bar, Mr. Ebert is a frequent writer, speaker and seminar chair at regional and national conferences on labor and employment subjects for attorneys and human resource professionals.

Learn more about Kim F. Ebert

Mr. Ebert has had the opportunity to represent employers across the country in diverse industries in a wide range of substantive areas.  By way of example, Mr. Ebert has

  • Successfully defeated the hybrid 301 claims of 93 plaintiffs in the Sixth Circuit Court of Appeals seeking Tier One wages under agreements between General Motors and the United Auto Workers. Young v. UAW and General Motors, – –  Fed. Appx. – –  2017 WL 1363888 (6th Cir. 2017)
  • Served as lead counsel in Arbuckle v. General Motors LLC, 499 Mich. 521 (2016), in which the Michigan Supreme Court held that state law was preempted and that retirees receiving disability pension benefits did not have a vested right to avoid coordination with worker’s compensation benefits
  • Recovered approximately $1,000,000 for a client from a Teamster pension fund in a sophisticated ERISA withdrawal liability dispute arising out of a strike and decertification
  • Successfully bargained with the United Auto Workers the decision and effects of a plant closing that impacted a unit of over 1000 workers
  • Coordinated the strike planning for a national client with facilities in 9 states related to the renegotiation of a national agreement with the Steelworkers Union
  • Successfully defended the first ADA reasonable accommodation case to reach the Seventh Circuit Court of Appeals
  • Successfully persuaded the National Labor Relations Board to reverse the unit determination of a Regional Director in a precedent-setting case involving a health care system with multiple hospitals
  • Established precedent favorable to employers under the Indiana wage payment statutes in a suit to collect bonuses decided by the Indiana Supreme Court
  • Obtained an order from the Sixth Circuit Court of Appeals which vacated an arbitration award that would have required a closed foundry to reopen and rehire its previous Teamster-represented workforce
  • Achieved a defense verdict in a jury trial under the Age Discrimination in Employment Act where the decision maker hand wrote the ages of candidates on their employment applications

Education

  • J.D., cum laude, Indiana University, 1976
  • B.A., cum laude, Wabash College, 1972
  • Leadership In Law Firms Executive Education Program, Harvard Law School, 2010

Admittance to Practice

  • Indiana

Professional Activities

  • American Bar Association (Standing Committee on Continuing Education of the bar, 1997-2000; Section of Tort and Insurance Practice, Chair, Communication Coordinating Group, Past Chair-Elect, Employer-Employee Relations Committee, past Chair, National Programs, past Chair, CLE Board; Member, Litigation and Labor and Employment Law Sections)

Speeches

  • Ogletree Deakins Seminar - "Legal Update: Eye on Employment Law" - Indianapolis - October 5, 2010
  • Ogletree Deakins Workplace Strategies Seminar - "Government Contractors Take Note - OFCCP Update" - Miami - May 7, 2009
  • Indiana Manufacturers Association - "It's a Brave New World Program: Union Organizing 2009" - Indianapolis - April 22, 2009
  • Ogletree Deakins Seminar - "Free Choice Act My Foot! Anticipated Labor Legislation and What It Means to Your Company" - Indianapolis - April 1, 2009
  • Ogletree Deakins and Ogletree Governmental Affairs, Inc. Seminar - "21st Century Reforms for the National Labor Relations Act: Striking a New Equilibrium Through Legislation, Regulation and Board Cases" - Washington, D.C. - February 26, 2009
  • Ogletree Deakins Seminar - "Legal Update: Eye on Employment Law" - Indianapolis - October 15, 2008
  • Ogletree Deakins Seminar - "Legal Update: Eye on Employment Law" - Indianapolis - October 16, 2007
  • Ogletree Deakins Seminar - "Legal Update: Eye on Employment Law" - Indianapolis - October 4, 2006
  • Ogletree Deakins Workplace Strategies Seminar - "Collective Bargaining During Competitive Times" - Atlanta - May 2006
  • Ogletree Deakins Workplace Strategies Seminar - "Winning Arbitration Strategies" - San Antonio - May 2005
  • Ogletree Deakins Workplace Strategies Seminar - "Positive Management of Union Contracts" - Atlanta - May 2004
  • Indiana Chamber of Commerce - "Overview of the Americans with Disabilities Act" - Indianapolis - May 5, 2003
  • Ogletree Deakins Workplace Strategies Seminar - "Positive Management of Union Contracts - A Guide for Employers" - Chicago - May 2003
  • Indianapolis Business Journal - "2003 Employment Practices Seminar for Managers" - Indianapolis - May 2003 - May 2030
  • Indiana University School of Law/NLRB Region 25, 24th Annual Labor and Employment Seminar - "Requests for Information and the NLRA" - Indianapolis - March 6, 2003
  • Ogletree Deakins Workplace Strategies Seminar - "It Ain't Over 'Til It's Over-AFL-CIO Strategies to Increase Organizing" - Atlanta - May 2002
  • Indiana Manufacturers Association - "Welcome to Your Management Rights" - Indianapolis - March 10, 2002
  • Indiana Chamber of Commerce - "ADA/FMLA Seminar" - Indianapolis - May 17, 2001
  • Ogletree Deakins Seminar - "Complying with OFCCP's New Regulations on Affirmative Action Plans" - Indianapolis - February 20, 2001
  • Indiana Chamber of Commerce - "ADA/FMLA-Who's on First . . .What's on Second" - Indianapolis - September 14, 2000
  • August 22, 2018 - Indiana Lawyer - "Retaliation, discrimination, wage claims keep pace with hot economy"
  • September 6, 2017 - The Indiana Lawyer - "Creating a common law firm culture"
  • May 12, 2017 - Indianapolis Business Journal - "Marsh likely will need federal bailout for $76M pension shortfall"
  • December 14, 2016 - The Indiana Lawyer - "LGBT equality a firm priority"
  • August 24, 2016 - The Indiana Lawyer - "Departing the partner track"
  • April 4, 2016 - Ogletree Deakins Blog Post - "Law Firm Leadership: Reflections of a Former Am Law 100 Managing Shareholder"
  • December 2015 - Of Counsel - "Leader of L&E Powerhouse Stepping Aside After Years of Fostering Growth and Success"
  • April 21, 2015 - Legal Management Magazine - "Pondering Profitability"
  • March 6, 2015 - Law360 - "The Female Attorneys You Admire"
  • June 4, 2014 - The Indiana Lawyer - "Quarles & Brady latest large firm to expand to Indianapolis"
  • May 2014 - Of Counsel Magazine - "L&E Work Fueled by an increase in class-actions, federal enforcement, and notably, corporate campaigns"
  • March 24, 2014 - Law360 - "3 Employment Boutiques Rank Among Largest US Firms"
  • March 7, 2014 - Daily Report - "Profit and Head Count Grow at Ogletree in 2013"
  • January 30, 2014 - Law360 - "Employment Group Of The Year"
  • June 10, 2013 - National Law Journal - "Demand for Associate Help Remains Flat in NLJ 350"
  • 2013 - MultiCultural Law - "Implementing Focused Diversity and Inclusion Initiatives"
  • March 26, 2012 - National Law Journal - "A Time To Grow, Once Again"
  • February 1, 2012 - The American Lawyer - "This Time It's Personal"
  • October 2011 - Of Counsel - "Of Counsel 700 Survey ... From Istanbul to Lancaster, PA, Many Firms Seize Opportunities and Open New Offices"
  • September 2011 - Inside Counsel - "The Profession by the Numbers ... Attorney Count Flat to Slightly Down as Some Firms Retrench and Others Restock"
  • August 2011 - Profiles in Diversity Journal - "Relief to Earthquake and Tsunami Victims in Japan"
  • June 2011 - American Lawyer - "A Rebuilding Year"
  • March 16, 2011 - The Indianapolis Star - "Hoosiers Raising Money to Help Japan"
  • February 15, 2011 - National Law Journal - "Ogletree Deakins Has Better Than Expected Year"
  • January 1, 2011 - Law360 - "Employment Laterals Favored Boutiques in 2010"
  • December 3, 2010 - Law360 - "6 Firms Make Their Debut on In-House Atty's Fave List"
  • October 1, 2010 - Inside Counsel - "Of Counsel 700 Survey: While Many Firms Halted Expansion, Some Seized Opportunities and Entered New Markets"
  • July 12, 2010 - Law360 - "Ogletree Nabs Perkins Coie Vet for New Ore. Office"
  • April 18, 2010 - Indianapolis Business Journal - "Airport Shruggs Off CEO Probe"
  • March 31, 2010 - Law360 - "Ogletree Deakins Continues Expansion in Minneapolis"
  • March 3, 2010 - The Indiana Lawyer - "Leading From Indiana: Longtime Labor Law Attorney Elected Managing Shareholder of National Firm"
  • February 26, 2010 - Law360 - "Ogletree Deakins Opens Orange County Office"
  • January 29, 2010 - Denver Business Journal - "Atlanta Law Firm to Open Downtown Denver Office"
  • January 29, 2010 - Law360 - "Ogletree To Open Denver Office with Class Action Ace"
  • August 14, 2009 - Law360 - "Q&A with Ogletree Deakins' Kim Ebert"
  • November 2, 2007 - Law360 - "Q&A with Ogletree Deakins' Kim Ebert"
  • Best Lawyer Lawyer of the Year
  • Best Lawyers Award Badge
  • Ranked in Chambers USA
  • The College of Labor and Employment Lawyers Logo
  • Fellow, College of Labor and Employment Lawyers
  • Best Lawyers in America (1995 to date)
  • Best Lawyers (2011 – Indianapolis Labor and Employment Law “Lawyer of the Year”; 2012 & 2015 Indianapolis Employment Law – Management “Lawyer of the Year”; 2014 – Indianapolis Labor Law – Management “Lawyer of the Year”; 2019 – Indianapolis Labor Law – Management “Lawyer of the Year”)
  • Chambers USA America’s Leading business Lawyers, Tier One (2005 to date)
  • Lawdragon & Human Resource Executive Top 100 Nation’s Most Powerful Employment Lawyers (2013 – 2018); Hall of Fame (2018)
  • Recipient, Distinguished Barrister Award by The Indiana Lawyer (2007)
  • Fellow, Indiana Bar Foundation
  • Indiana Super Lawyer (2004 – present)
  • Who’s Who Legal: Management Labour & Employment (2013 & 2014)
  • Legal 500: Labor and Employment – Labor – Management Relations
  • The Legal 500 United States 2015: Recommended in “Labor and employment – Labor and employment litigation” category
  • The Legal 500 United States 2015: Recommended in “Labor and employment – Labor-management relations” category
  • The Legal 500 United States 2016: Recommended in Labor and employment- Labor and employment disputes (including collective actions) – defense and Labor-management relations category
  • Martindale-Hubbell AV Preeminent Rating

Insights by Kim F. Ebert