Bar Fellowship
in both The College of Labor and Employment Lawyers and the Litigation Counsel of America, and has received the highest rating in every edition of Chambers USA: America's Leading Lawyers for Business. In addition, Ken is rated AV Preeminent® by Martindale Hubbell™ and listed as a 2013 "Top Rated Lawyer in Labor & Employment." Ken has been recognized on multiple occasions as one of Indiana's "Top 50" lawyers in
Indiana Super Lawyers, and has been interviewed and quoted in numerous publications, including the
Wall Street Journal;
Inside Counsel Magazine;
Corporate Counsel Magazine; and
Law 360.
Because of his desire to always remain a full-service resource for his clients, Ken has designed his practice to be well-balanced between litigation, counseling, and traditional labor matters. With respect to collective bargaining, Ken's experience runs the gamut from first contract negotiations to pattern bargaining, mid-term contract modifications, decision bargaining, effects bargaining, and plant closing agreements. He has bargained with and run union-avoidance campaigns against virtually every union in the country, and regularly trains employers on the best practices for remaining union free.
At the same time, Ken has been an active litigator and trial attorney. Ken's numerous reported decisions over his two decades of practice demonstrate his effective collaboration with clients in planning and executing litigation strategies. On those rare occasions when summary judgment or an acceptable settlement are not forthcoming, Ken is willing and able to take cases to trial. He has done so successfully in multiple jurisdictions. Understanding how cases are tried to juries has been instrumental in Ken's development as a trusted counselor and advisor when critical employment decisions need to be implemented.
The fact that Ken is equally comfortable litigating, counseling, arbitrating, or bargaining is only one distinct feature of his practice. Another is his dedication to client service and partnering. Ken understands that in order to be good at what you do, you have to enjoy the work and the people you are working with. Ken's passion for the practice makes him a willing partner and collaborator with his clients. These relationships also have helped him develop a keen understanding about what clients value in each matter. While many lawyers "talk the talk" of value and partnering, Ken has walked the walk:
· Ken has been a featured speaker and presenter at numerous law partnering conferences as well as in-house law training programs - including programs in New York, Chicago, Washington, DC, and Toronto, which focused on managing litigation as a business and effective strategies to manage the cost of legal services.
· Ken presented on the topic "Reconnecting Cost with Value" at the 2010 ACC Corporate Counsel University and previously participated in the ACC Value Challenge program, where he had the opportunity to interact with in-house counsel on best practices for collaborating with in-house counsel.
· Ken has been selected as a "BTI Client Service All-Star" based on clients anonymously singling out attorneys who deliver superior client service via client focus, understanding the clients' business and delivering results.
At the end of the day, Ken seeks to offer clients what they value most: the highest caliber of legal representation in the context of a relationship based on trust and the ability to recognize and execute on business objectives.
Distinctions
· Admitted as a Fellow of the College of Labor and Employment Lawyers
· Admitted as a Fellow of the Litigation Counsel of America
· Recognized by peers as one of Indiana's "Top 50" lawyers in Indiana Super Lawyers
· Listed in every edition of Chambers USA's America's Leading Lawyers for Business
· Listed in Best Lawyers in America
· Selected to serve term as Chairman of ISBA's Section of Labor & Employment Law
· Chamber of Commerce Volunteer of the Year Award, 2000
· Elected President of the Carmel United Soccer Club (CUSC) Board of Directors, 2013
Publications
7/29/2011, Client Advisory - National Labor Relations Board: Proposed Changes to Union Election Procedures Discussed During Hearing
03/22/2010, Barnes & Thornburg LLP's EFCA Preparedness Summary Report
06/16/2009, Employment Law360 - EFCA: Card is More Important Than Person
01/01/2008, Indiana Guide to Hiring and Firing (4th Edition, 2008)
01/01/2005, Indiana Guide to Hiring and Firing (3rd Edition, 2005)
01/01/2003, Public Employment: Constitutional and Statutory Restraints
06/12/2002, Indiana Guide to Labor Relations: How to Deal Effectively with Unions in the Workplace
06/11/2002, Indiana Guide to Hiring and Firing (2nd Edition, 2002)
Events
12/14/2012, Association of Corporate Counsel - Winter ACCumulate Conference
11/28/2012, Society for Human Resourse Management - "Legislating Without Congress"
2/13/2012, Right-to-work: What it means for your organization
8/29/2011, Indiana State SHRM Conference - Everything Legal Workshop
5/11/2011, Health Care in 2011: What to Expect
06/15/2010, Attorney Presentation - HR's Shifting Legal Landscape: The EFCA and Wage and Hour Enforcement
04/29/2010, "The Obama Administration and the 111th Congress: Change is Coming to Labor and Employment Law"
04/14/2010, Attorney Presentation - Remaining Union Free
03/19/2010, Attorney Presentation - How will EFCA and national policies impact you?"
12/11/2009, Attorney Presentation - ACCumulate 2009 Winter Conference
12/01/2009, Attorney Presentation - Fearless Firing; Saying Goodbye
08/01/2009, Attorney Presentation - EFCA: The Card is More Important Than the Person
06/01/2009, Attorney Presentation - Managing Litigation As a Business
12/12/2008, Attorney Presentation - ACCumulate 2008 Winter Conference
12/03/2008, Barnes & Thornburg LLP Presents: The Employee Free Choice Act and Union Organizing
10/29/2008, Managing Litigation As a Business
08/25/2008, 2008 Indiana State SHRM Annual Conference - Expedition HR: Reaching New Heights
12/14/2007, ACCumulate 2007 Winter Conference
11/13/2006, Healthcare Symposium
12/01/2004, How to Hire, Fire & Discipline Your Employees... Within the Law in Indiana
05/15/2003, HR Essentials: What's Hot, What's Not and What You Need to Know
12/10/2002, Avoiding Employment Litigation: A Comprehensive Review of Today's Employment Issues
08/27/2002, 8th Annual Indiana Human Resources Conference
04/24/2002, Covering Your Assets: A Symposium on Risk Management
09/28/2001, Employment Litigation Skills Traning: Basics Course
09/09/2001, 7th Annual Indiana Human Resources Conference
06/28/2001, Preparing Today's Workforce for Tomorrow's Economy
Ken Yerkes Presented Speech at National Society for Human Resource Management Conference
The Obama Administration and the 111th Congress: Change is Coming to Labor & Employment Law