Barnes & Thornburg LLPPartner

Kenneth James Yerkes

About Kenneth James Yerkes

Kenneth James Yerkes is a lawyer practicing arbitration and grievances, class and collective actions, collective bargaining and 26 other areas of law. Kenneth received a B.A. degree from Earlham College in 1980, and has been licensed for 43 years. Kenneth practices at Barnes & Thornburg LLP in Indianapolis, IN.

Awards

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Services

Areas of Law

  • Litigation
  • Commercial Litigation
  • Other 27
    • Arbitration and Grievances
    • Class and Collective Actions
    • Collective Bargaining
    • Corporate
    • International Business
    • Disability
    • Leave and Medical Issues
    • Discipline and Termination
    • Downsizing and WARN Act
    • EEO Compliance
    • Employment
    • Employment Litigation
    • Executive Level (or C-Suite) Internal Investigations
    • Human Resource Audits
    • Immigration Compliance - Worksite Enforcement Services
    • Labor and Employment Law
    • Labor Relations
    • ERISA Litigation
    • Management and Employee Training
    • Mergers & Acquisitions - Labor Issues
    • National Labor Relations Board (NLRB)
    • Non-competes and Trade Secrets
    • Sarbanes-Oxley and Dodd-Frank Acts
    • Union Avoidance
    • Wage and Hour
    • Workplace Counseling
    • Labor & Benefits Law

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Barnes & Thornburg LLP

Experience

  • Bar Admission & Memberships
    Admissions
    1983, Indiana
    1987, Pennsylvania
    2007, Tennessee
    U.S. Supreme Court
    6th Circuit Court of Appeals
    7th Circuit Court of Appeals
    8th Circuit Court of Appeals
    U.S. Court of Appeals for the District of Columbia Circuit
    U.S. District Court for the Southern District of Indiana
    U.S. District Court for the Northern District of Indiana
    U.S. District Court for the Eastern District of Pennsylvania
    U.S. District Court for the District of Colorado
    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

  • Education & Certifications
    Law School
    Indiana University - Bloomington
    Class of 1983
    J.D.
    Other Education
    Earlham College
    Class of 1980
    B.A.
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