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Zachary B. Busey, CIPP/US, CIPM

Associate

Zachary Busey concentrates his practice in employment and general litigation and assists clients with claims regarding harassment, discrimination, wrongful termination, and wage and hour violations.

Featured Videos

Medical Marijuana: More Headache than Cure? September 12, 2019
Legalized Marijuana and Hemp: From A to Z and Everything in Between August 6, 2019
Weed in the Workplace: What You Need to Know Now April 25, 2019
Weed, Trump, and the Workplace: What You Need to Know May 23, 2017

Featured Experience

Litigated breach of contract action on behalf of a supplier against former distributor; obtained summary judgment against former distributor, as well as a final judgment in the amount of $373,000.
Overcame objections based on the Stored Communications Act and obtained both content and non-content information from Facebook and other electronic communication service providers.

Following a finding of religious discrimination by the EEOC, obtained dismissal of federal lawsuit brought by former employee against national restaurant chain and obtained a complete defense verdict in subsequent arbitration proceedings.

Professional Biography

Overview

Zachary is licensed to practice in Tennessee, Mississippi, and Arkansas. As a member of the Labor & Employment Group, he represents employers in a wide range of employment law matters, including claims of harassment, discrimination, wrongful termination, and wage and hour violations.

He partners with employers to develop and implement policies and training programs aimed at reducing their exposure to litigation and liability. Zachary also focuses on social media's and technology's ever-changing impact on today's workplace.

In addition, Zachary is a Certified Information Privacy Professional and a member of the Firm's Data Protection, Privacy and Cybersecurity Team. The Team provides advice and counsel on all facets of electronic information management and assists with internal policy creation and training, as well as outward facing messages such as website disclosures and e-commerce platforms. The Team also quickly responds to and provides guidance in the event of a data breach or incident.

Lastly, as a member of the Firm's Cannabis Team, Zachary counsels clients on the impact of legalized marijuana, industrial hemp, and extracts from both, such as CBDs. His experience covers a number of industries, including construction, banking, health care, and hospitality, and he works regularly with employers to ensure drug testing and other workplace policies remain defensible.

You can follow Zachary on Twitter, @ZBusey, and connect with him on LinkedIn.

Representative Matters
  • Litigated breach of contract action on behalf of a supplier against former distributor; obtained summary judgment against former distributor, as well as a final judgment in the amount of $373,000.
  • Overcame objections based on the Stored Communications Act and obtained both content and non-content information from Facebook and other electronic communication service providers.
  • Following a finding of religious discrimination by the EEOC, obtained dismissal of federal lawsuit brought by former employee against national restaurant chain and obtained a complete defense verdict in subsequent arbitration proceedings.

  • Obtained summary judgment in enforcement action brought by the EEOC against regional petroleum distributor involving claims of same-sex, gender-stereotyping discrimination and Title VII retaliation.
  • Obtained partial summary judgment in enforcement action brought by the EEOC against national health care provider involving claims of disability discrimination and failing to accommodate a former employee's alleged disability under the Americans with Disabilities Act.

  • Obtained injunctions and protective orders prohibiting public entities from disclosing clients’ data and information in response to requests under the Mississippi Public Records Act and Freedom of Information Act.
  • Obtained and defeated injunctions and other emergency relief related to the enforcement of restrictive covenants, including non-compete and non-solicitation covenants.

  • Defended multiple wage-and-hour collective and class actions involving thousands of current and former employees.

  • Conducted internal compliance audits related to payroll practices, workforce classification, immigration compliance, and data/information security.

  • Implemented arbitration programs and agreements for multi-state employers that reduce, if not eliminate, multi-party, collective, and class litigation.

Professional Honors & Activities
  • Member – International Association of Privacy Professionals (CIPP/US, CIPM)
  • Named a Best Lawyers in America® "Ones to Watch" in Labor and Employment Law - Management and Labor and Employment Litigation (2021)
  • Annually named a Mid-South Rising Star by Mid-South Super Lawyers since 2014 
  • Annually recognized as an Attorney for Justice by the Tennessee Supreme Court since 2014
  • Recipient – 2013 Baker Donelson Pro Bono Award, Jackson Office
  • Honoree – 2013 Mississippi Volunteer Lawyer's Project
  • Inducted – National Order of Barristers (2011)
  • Member – Memphis Bar Association
  • Member – Mississippi Bar Association
  • Member – International Association of Defense Counsel
Publications
Speaking Engagements
  • "Legal Issues Confronting Inside Counsel" (November 2019)
  • "Flag on the Play! Personal Conduct. Workplace Consequences." (September 2018)
  • "Marijuana Legalization – Beyond the Basics" (April 2018)
  • "A Lunch Date Top Eight" (August 2017)
  • "Social Media: Your Best Friend or Your Worst Nightmare?," Sixth Annual Hospitality & Tourism Law Symposium (July 2017)
  • "Gone to Pot: What You Thought You Knew About Weed in the Workplace," FedEx Litigation & Employment Law Seminar (May 2017)
  • "Open Mouth Insert Foot: Court Decisions Show Supervisors' Comments Increase FMLA Legal Risks" (April 2017)
  • Faculty – "Marijuana on the March: An Update on Cannabis Laws & the Workplace," Current Developments in Labor & Employment Law, LSBA Section of Labor & Employment Law CLE (March 2017)
  • "Weed in the Workplace 2: Still Smoking (Nashville)" (January 2017)
  • "Weed in the Workplace: If Smoke, Do You Fire? (Memphis)" (October 2016)
  • Faculty – "Technology & Cybersecurity Issues for Employers," Tennessee SHRM State Conference (September 2016)
  • "Let's Talk About Tech, Baby! (Memphis)" (April 2016)
  • Faculty – "Ethical Considerations: What to Expect When Handling an Employment Lawsuit," Memphis Bar Association Last Minute: 'Buy the Hour' Seminar (December 2015)
  • "Discipline and Termination" and "Workplace Behavior and Privacy Issues", Human Resource Law: What You Need to Know Now, National Business Institute Seminar (November 2015)
  • Faculty – "Ethical Implications of Social Media," Tennessee Department of Children's Services, Legal Division Annual Training (October 2015)
  • Faculty – "Technology & Social Media for Solo, Small Firms," Tennessee Bar Association Annual CLE (August 2015)
  • Panelist – "Cybersecurity & Data Protection Update," First Alliance Bank (August 2015)
  • Guest – Lipscomb Pitts Breakfast Club Radio Show (June 2015)
  • Faculty – "Privacy & Social Media in the Workplace," Sterling Education Seminar (January 2014)
  • Faculty – "Looking Back & Looking Ahead: What Employers Need to Know in 2013," National Business Institute Seminar (June 2013)

Education

  • Mississippi College, School of Law, J.D., cum laude
    • Clerkship – United States Attorney's Office, Criminal Division, Southern District of Mississippi
    • Clerkship – Hinds County Public Defender's Office, Jackson, Mississippi
  • Mississippi College, School of Business, M.B.A.

Admissions

  • Tennessee
  • U.S. District Court for the Western, Middle, and Eastern Districts of Tennessee
  • Mississippi
  • U.S. District Court for the Northern and Southern Districts of Mississippi
  • Arkansas
  • U.S. District Court for the Eastern and Western Districts of Arkansas
  • U.S. Court of Appeals for the Fifth, Sixth, Eighth, and Tenth Circuits
  • U.S. Supreme Court

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