Overview

Kerry L. Middleton is a seasoned counselor and litigator for employers of all sizes. Widely-respected by his peers for his knowledge of employment law, Kerry has extensive litigation experience in federal and state courts nationwide. He has successfully represented employers in virtually every type of employment claim including:

  • Discrimination
  • Harassment
  • Noncompete and nonsolicitation agreements
  • Trade secrets
  • Whistleblower
  • Retaliation/reprisal
  • Breach of contract
  • Workplace torts
  • Wage and hour

He has appeared in numerous jurisdictions and has represented employers in administrative proceedings before the Equal Employment Opportunity Commission, the Department of Labor, and state and local human rights agencies.

Kerry is also a trusted advisor to multistate employers in a variety of industries including senior/assisted living, timeshare/vacation clubs, and aviation staffing, as well as small family-owned companies. Kerry also provides counsel and training to help employers avoid litigation and ensure compliance with a myriad of employment laws and regulations, such as religious and disability accommodations in the workplace. He provides strategic guidance to companies designed to reduce potential legal exposure and to protect their trade secrets and business goodwill in the marketplace. 

Kerry is active in Littler’s pro bono initiative. In addition to providing pro bono legal services to local nonprofits, he also serves as one of the Minneapolis office’s pro bono volunteers, acting as a liaison between Littler’s Pro Bono Committee and the Minneapolis office.  

Kerry has published and lectured on a variety of employment law topics, including:

  • Americans with Disabilities Act 
  • Family and Medical Leave Act
  • Workplace harassment
  • Religious accommodation
  • Privacy issues
  • Non-compete and trade secret law

Professional & Community Affiliations

Member

American Bar Association

Member

Minnesota State Bar Association

Past President

Edina Basketball Association

Recognition

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, Top 40 Minnesota Employment Litigators

The Order of the Barristers

Named, Super Lawyer

Super Lawyers

2003 - 2004, 2006 - 2018

Named, Best Lawyers in America

2019

News, Analysis & Press

Speaking Engagements

Accommodating a Multireligious and Multicultural Workforce

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Accommodation Requests Under the Americans With Disabilities Act

TCSHRM Legal Summit Minneapolis, MN

February 2018

Seven Key Developments and Recommendations Affecting Your Restrictive Covenants

Littler Midwest Employer Conference, Minneapolis, MN

October 2017

Current Trends in Workplace Religious Accommodation

MNSHRM State Conference, Duluth, MN

October 2017

Mental Illness and the ADAAA

Clear Law Institute Webinar

July and December 2017

Current Trends in Workplace Religious Accommodation

Littler Midwest Employer Conference, Minneapolis, MN

October 2016

Where Are Your Whistleblowers Lurking?

Littler Midwest Employer Conference, Minneapolis, MN

October 2015

Minnesota Update: Expanding Rights Bring New Challenges

Littler Midwest Regional Employer, Minneapolis, MN

November 6, 2014

Whistleblower and Retaliation – New Developments and New Challenges

2013 Midwest Employer Conference

Littler Mendelson, Minneapolis, MN

October 30, 2013

The Rising Tide of Whistleblower Claims: What it Means For Employers

2012 Midwest Employer Conference

Littler Mendelson, Minneapolis, MN

October 11, 2012
Managing Leaves of Absence

Minneapolis, MN

March 5, 2009

Education

  • J.D., University of Missouri, Kansas City, 1988
  • B.S., Missouri State University, 1987

Bar Admission

Minnesota
Missouri

Courts

  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. District Court, District of Minnesota
  • U.S. District Court, Western District of Missouri
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Texas