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NJL People: Austin J. Spillane

Austin Spillane is a member of NJL’s Labor and Employment team. He employs his analytical and writing talents to litigation matters ranging from single-plaintiff discrimination claims, noncompetes, FLSA collective actions, and state wage-and-hour class actions. Prior to joining private practice, Austin was a clerk for The Honorable David T. Schultz in the U.S. District Court for the District of Minnesota. During his clerkship, Austin worked on many complex matters, including putative class actions, multidistrict litigation (“MDLs”) and several FLSA collective actions. His experience seeing litigation disputes from a judge’s perspective helps him craft winning arguments in the courtroom.

When not advocating for clients, Austin enjoys reading, cheering on his Creighton Bluejays, homebrewing, and—for half the year—enjoying Minnesota’s natural beauty.

Key Practice Experience

  • Discrimination claims
  • FLSA collective actions, misclassification
  • Wage-and-hour class actions
  • Employer torts
  • Noncompetes
  • Preventive employer advising
  • O’Bryan v. Pember Companies, Inc. (W.D. Wis.) – Defeated motion for class certification of state law claims and obtained order decertifying a class under the federal Fair Labor Standards Act in case asserting class claims for unpaid travel time and miscalculation of overtime wages
  • ImageTrend, Inc. v. Locality Media, Inc. (D. Minn.) – Obtained dismissal of trade secret misappropriation, tortious interference, and corporate defamation claims in dispute between computer software companies
  • Smart Express, Inc. v. Precision Diagnostics, Inc. (Minn. Dist. Ct.) – Defeated motions for temporary restraining order in non-compete and customer non-solicit case, with court finding every factor favored defendants

Professional Associations

  • Alumni Advisory Board, Creighton University Honors Program
  • Minnesota Lavender Bar Association
  • Hennepin County Bar Association

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