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John R. FitzGerald

Associate

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John R. FitzGerald

Associate

Milwaukee 414.297.5079

Sectors

Practice Areas

Education

  • Notre Dame Law School (J.D., magna cum laude, 2019)
    • Editor-in-Chief, Notre Dame Law Review
    • Dean’s Circle Fellow (top 10% of class)
  • University of Wisconsin-Milwaukee (B.A., summa cum laude, 2016)
    • Phi Beta Kappa

Admissions

  • Wisconsin
  • The Eastern District of Wisconsin
  • The Western District of Wisconsin
  • The Northern District of Illinois
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Supreme Court

John (Jack) R. FitzGerald is an associate and litigation lawyer with Foley & Lardner LLP, based in the firm’s Milwaukee office, where he is a member of the firm’s Labor & Employment Practice Group. Jack represents employers in state and federal court, and before administrative bodies, in a wide range of labor and employment matters, including those involving discrimination and retaliation, non-compete/unfair competition and trade secrets, and wage & hour class actions. Jack’s practice also involves defending and advising employers on safety and health-related matters under the Occupational Safety & Health Act (OSHA) and counseling clients on non-compete issues.

Presentations and Publications

  • Sane, Manipulative Self-Harm: When Hostage and Hostage Taker Become One, 123 W. Va. L. Rev. 583 (2021)
  • Non-Merit-Based Tests Have No Merit: Restoring District Court Discretion Under § 1915(e)(1), 93 Notre Dame L. Rev. 2169 (2018), cited by the United States Court of Appeals for the Seventh Circuit in Watts v. Kidman, 42 F.4th 755 (7th Cir. 2022)

Clerkships

Prior to joining Foley, Jack clerked for the Honorable Gerald Bard Tjoflat of the United States Court of Appeals for the Eleventh Circuit.  He also clerked for the Honorable Michael P. Mills of the United States District Court for the Northern District of Mississippi. While in law school, Jack interned for the Honorable William C. Griesbach of the United States District Court for the Eastern District of Wisconsin.

16 December 2024 Labor & Employment Law Perspectives

What Companies Need to Consider Before Asking an Independent Contractor to Sign a Noncompete Agreement

As courts continue to be critical of noncompete agreements, employers must remain informed and proactive to make sure their agreements can withstand judicial scrutiny.
15 October 2024 Events

2024 Labor & Employment Road Show Series

After the success of last year's Labor & Employment Summit, Foley & Lardner is happy to reveal that this year's Summit will be taking the show on the road!
25 March 2024 Labor & Employment Law Perspectives

States with Pending Legislation to Ban Employee Noncompetes: Maine Poised to be Next State to Enact a Ban

As we continue to report, noncompete agreements are an area of ever-increasing scrutiny and limitation.
07 March 2024 Foley Viewpoints

Navigating Trade Secret Litigation In A High-Stakes Landscape

These may look like Powerball jackpots: $764 million, $2 billion, $940 million. But they are recent trade secret verdicts returned by juries in the last few years.
26 October 2023

Noncompete Physician Agreements: What You Need to Know

Foley's Health Care & Life Sciences Sector and Providers of Health Care Services Area of Focus will host an informative CLE webinar on how to navigate noncompete clauses with physicians and the health care industry.
17 July 2023 Blogs

Religious Accommodation for Employees: The Potential Impact and Likely (Unintended) Consequences of SCOTUS’ Groff v. DeJoy Decision

We recently wrote about Groff v. DeJoy, the Supreme Court decision reinterpreting the meaning of “undue hardship” for Title VII religious accommodations to actually mean “undue hardship,” as opposed to minimal costs. In this follow-up post, we address the potential impact and trade-offs of the Groff decision on employers and the protection of religious rights in the workplace.
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