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Desktop Image: Merkelson, Jeremy
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Jeremy Ben Merkelson

He/Him

Partner

T 202.973.4260 Washington, D.C.
M 917.968.1453
I aim to earn your trust by finding timely, practical solutions to vexing workplace problems.
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Jeremy Ben Merkelson is a full-service employment lawyer who serves clients across a wide range of industries. He brings substantial first-chair trial experience to the firm's East Coast employment and labor team.

Jeremy provides regular advice and counsel to businesses of all sizes on managing workplace-related concerns, developing top-tier personnel policies, minimizing employment-related risks, and avoiding costly litigation. He also provides counsel to deal teams, advising on employment aspects of complex, cross-border M&A transactions.

A seasoned litigator, Jeremy has broad experience representing clients in state and federal courts, including in the nation's capital, as well as in administrative proceedings and arbitrations throughout the United States. Jeremy has advised on impactful and complex employment litigation in closely watched sectors such as financial services, technology, and healthcare. His first-chair trial experience includes defending employers in nationwide wage-and-hour class and collective actions, restrictive covenant/employee mobility and trade secrets disputes, and whistleblower retaliation and discrimination cases.

After serving in a leadership and legal advisory role at the Association of American Law Schools, a nonprofit comprising more than 170 U.S. law schools, Jeremy used his experience to build a subspecialty practice advising nonprofits and trade associations in the D.C. area, including serving as pro bono counsel to the Federation of American Scientists.

Super Lawyers named Jeremy to its list of "Rising Stars" for Labor & Employment in Washington, D.C., in 2021 and 2022. He is a prolific public speaker on state and federal employment law updates and matters related to running a successful workplace, addressing a wide range of subjects from conducting internal investigations and auditing HR operations to independent contractor misclassification and the #MeToo movement.

Practice Highlights

Trade secrets, restrictive covenants and emergency relief

Jeremy is a recognized thought leader on protecting intellectual property entrusted to employees and the changing legal landscape for non-competition clauses and other restrictive covenants.  Represented numerous companies in prosecution and defense of trade secret misappropriation claims in state and federal court under the Defend Trade Secrets Act and Uniform Trade Secrets Act, including obtaining and avoiding temporary restraining orders and preliminary injunctive relief on an expedited basis.

Wage & hour class and collective actions

Jeremy has served as lead counsel in nationwide wage and hour class and collective actions in the grocery, trucking, and financial services industries. Successfully tried to verdict and won judgment for client in first-of-its-kind case challenging joint employer doctrine as applied to truck leasing company, affirmed by Tenth Circuit. Obtained class decertification for financial services client in boot-up time case, reducing a $5M asserted liability to a low five-figure settlement. Defended grocery chain in defense of claims that assistant store managers were misclassified nationwide, prevailing on motions to compel arbitration and devising legal strategy to decertify remaining putative plaintiffs.

Dispute resolution

Successfully representing employers in threatened lawsuits, administrative matters, and mediations involving wrongful termination, discrimination, trade secrets, and noncompetition agreements.

Admitted to Practice

  • Colorado, 2018
  • District of Columbia, 2010
  • Virginia, 2009
  • U.S. District Court, Eastern District of Virginia
  • U.S. Court of Appeals, 4th Circuit
  • U.S. District Court, District of Columbia
  • U.S. Supreme Court

Education

  • J.D., University of Virginia School of Law, 2009
  • B.A., American Studies, Yale University, 2004, cum laude

Languages

  • Spanish, Portuguese

Memberships & Affiliations

    • Labor and Employment Law Section, American Bar Association
    • Member, Working Group 12, Sedona Conference Trade Secrets
    • Member, AIPLA Trade Secret Law Committee
    • Firm sponsor partner, National Capitol Region, Association of Corporation Counsel
    • Former member, National Capitol Region, Association of Corporate Counsel
    • Delegate, National Association of College and University Attorneys, 2015-2017
    • Board of Directors, Rising for Justice, 2024

Professional Recognition

    • Named as one of "America's Leading Business Lawyers" by Chambers USA in Intellectual Property: Trade Secrets (Nationwide), 2025
    • Selected to "Washington, D.C., Super Lawyers Rising Stars" in Employment & Labor: Employer, Thomson Reuters, 2021, 2022

Background

    • Partner, Holland & Hart LLP, Washington, D.C., and Denver offices, 2017-2023
    • General Counsel and Assistant Director, Association of American Law Schools, Washington, D.C., 2015-2017
    • Associate, Morrison & Foerster LLP, Washington, D.C., 2009-2015
    • Summer Associate, Powers Pyles Sutter & Verville PC, Washington, D.C., 2008
    • Urban Fellow, New York City Fire Department, Brooklyn, N.Y., 2004-2006
Searching...
Publications
06.06.25
News
Chambers USA Affirms Davis Wright Tremaine's Growing National Leadership in Key Industry Sectors Read More
05.21.25
Insights
AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action Read More
05.08.25
Presentations
Presenter, "From Free Agent to Locked Down: Navigating Employee Mobility," New York Employment and Labor Law Seminar, Davis Wright Tremaine
Publications
03.13.25
News
Quoted in "US FTC noncompete rule in jeopardy, but labor restraints remain risky," MLex Read More
timecard and pen
01.16.25
Insights
Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA Read More
businesswoman making notes
12.11.24
Insights
The FTC's Crackdown on No-Hire Agreements: What Employers Need To Know Read More
Publications
Fall 2024
Publications
Co-author, "California's Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC's Nationwide Noncompete Ban Gambit Has Stalled," California Health Law News Vol. XXVI, Issue 3 Read More External Link
11.20.24
Presentations
Presenter, "How Employers Can Recognize and Avoid Antitrust Risk and FTC Enforcement Actions," Association of Corporate Counsel Webinar
Webinar
11.19.24
Webinars
Employment, Benefits & Immigration
"Trade Secret Theft and Employee Mobility Cases in the Post-FTC-Ban-Injunction World," Employment Services Seminar for Washington Metro Clients, Davis Wright Tremaine Webinar Read More
non-compete agreement
10.15.24
Insights
NLRB General Counsel Expands Attack on Non-Competes, Including Stay-or-Pay Provisions Read More
10.10.24
Presentations
Panelist, "Mind Reading in the Office: The Rise of Workplace Neurotechnology," DOWNLOAD/NY Digital Tech Conference
non-compete agreement
08.21.24
Insights
Counseling
FTC's Non-Compete Rule Is Set Aside—Nationwide Read More
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