Frank Chernak and William Kennedy
The two partners will lead the firm’s Labor and Employment practice
Montgomery McCracken is pleased to announce that Frank A. Chernak and William K. Kennedy have rejoined the firm as partners in its Labor and Employment practice in Philadelphia. Chernak will serve as chair of the practice group and Kennedy will serve as the group’s vice-chair. Prior to rejoining Montgomery McCracken, Chernak and Kennedy were partners at the law firm of Ballard Spahr LLP.
“We are thrilled to welcome back these two highly skilled and versatile lawyers,” said Montgomery McCracken chairman Louis A. Petroni. “Frank and Bill will add tremendous experience to the firm and strengthen our Labor and Employment practice group significantly. They come from impressive backgrounds and we are delighted to have them back.”
The return of Chernak and Kennedy will enhance the firm’s existing labor and employment law resources. Montgomery McCracken’s Labor and Employment practice has extensive experience in all aspects of labor and employment law, and serves employers throughout the United States. The practice group litigates all types of statutory and common law employment cases in federal and state court and regularly advises clients regarding employment issues.
Petroni added, “As a firm, we’re focused on providing our clients with full capabilities. Labor and employment law is an important area for our clients as many are employers themselves.”
About Frank A. Chernak:
Chernak brings nearly 30 years of experience in a full range of employment and labor matters. He has extensive trial experience and has tried numerous jury trials in employment and civil rights cases. His expertise extends to defending employment and civil rights litigation involving constitutional, Title VII, race discrimination, sexual harassment and retaliation, reverse-gender and retaliation, age discrimination, national origin hostile work environment, FMLA, and ADA claims. He also counsels clients on compliance with ADA, FMLA, FLSA, WARN Act, and EEO laws; hiring and firing practices; harassment investigations; and restrictive covenants.
A sampling of Chernak’s recent successful engagements includes: argued in the U.S. Court of Appeals for the Third Circuit a Fair Labor Standards Act case involving 33 deputy sheriffs who claimed entitlement to overtime compensation for time spent waiting on call; a defamation case on behalf of a bank; a FMLA and retaliation; a First Amendment case; and has tried jury trials in federal and state court involving sex harassment, race discrimination, age discrimination, reverse-gender discrimination, national origin, harassment, Americans with Disabilities Act discrimination, whistleblower, and retaliation cases; and defended municipalities and private companies in employment or constitutional deprivation cases through discovery and the granting of summary judgment.
Chernak was a Lieutenant Colonel in the United States Air Force active duty and Reserves and served on active duty on the Arabian Peninsula during Desert Storm, flying 47 combat support missions; he now provides pro bono work for various veteran organizations.
Chernak is admitted to practice in Pennsylvania and New Jersey.
About William K. Kennedy:
Kennedy’s practice is devoted to representing management in employment-related litigation; legal advice, training, and policy development concerning labor and personnel issues; and labor arbitrations, collective bargaining negotiations, and unfair labor practice disputes.
Kennedy has represented employers in a wide variety of employment litigation, including cases involving allegations of retaliation, harassment, or discrimination based on race, age, gender, national origin, or disability status. He has specific trial experience in cases involving Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and First Amendment retaliation. He regularly represents employers in matters involving allegations of trade secret misappropriation and breach of restrictive covenants, and he has represented several employers in wage and hour litigation, including collective actions under the Fair Labor Standards Act.
Kennedy regularly counsels employers, conducts training, and assists in policy development concerning labor and personnel issues, including preparing employment contracts and restrictive covenants, planning reduction-in-force programs, and advising employers regarding the labor and personnel implications in mergers, acquisitions, and asset purchases. He has extensive experience conducting harassment investigations and wage and hour investigations.
Kennedy also represents employers in labor matters, including unfair labor practices, representation matters, and jurisdictional disputes, and in labor negotiations and arbitrations.
Among his notable engagements, Kennedy served as counsel to the Democratic National Convention Committee and Philadelphia 2016 Host Committee, where he negotiated a project labor agreement with representatives of the Philadelphia Building and Construction Trades Council and various trades unions covering construction, production, and decorating work related to the 2016 Democratic National Convention. Kennedy assisted in the resolution of several labor disputes related to covered work on the Convention project.
Kennedy is admitted to practice in Pennsylvania and New Jersey.
About Montgomery McCracken:
Montgomery McCracken is a full-service law firm with offices in Pennsylvania, New York, New Jersey and Delaware. The firm represents leading businesses, multinational corporations, nonprofit organizations and individuals across a wide range of industries in complex litigation matters, significant corporate transactions and challenging disputes. Follow the firm on Twitter at @MMWR_Law.