Cary Schwimmer

For over forty years, Mr. Schwimmer has represented clients in all phases of labor relations and employment law on a national basis. In addition to his active litigation and counseling practice, Mr. Schwimmer is a frequent speaker before management and legal groups. He is the former Management Chairperson of the American Bar Association’s Subcommittee on Privacy in the Workplace. Mr. Schwimmer also has served as the American Bar Association’s Sports and Entertainment Law Committee’s liaison to the American Bar Association’s Section on Labor and Employment Law.

Mr. Schwimmer received his B.A. degree with high distinction from Wayne State University in 1978, where he was a Merit Scholar and was selected for membership in Phi Beta Kappa. He received his J.D. degree from the University of Michigan in 1981. He is admitted to practice before the United States Supreme Court and the United States Courts of Appeals for the Fifth, Sixth, Seventh and Eighth Circuits, as well as numerous federal district courts, and the Supreme Courts of Illinois and Tennessee.

Seminars and Presentations

• “Firing Employees Who Take the Employer’s Stuff to Build a Case,” 2017 Presentation to Memphis Bar Association
• “Additional Leave as an Accommodation under the ADA,” 2017 Presentation to Memphis Bar Association
• “Privacy Issues in Discovery Disputes,” 2008 American Bar Association ADR in Labor and Employment Law Midwinter Meeting
• “Shredding Documents and Keeping Secrets – Identity Theft in the Workplace,” 2007 American Bar Association Employment Rights and Responsibilities Midwinter Meeting
• “Ain’t Nobody’s Business but My Own,” 2006 American Bar Association Employment Rights and Responsibilities Midwinter Meeting
• “We Can Search and We Can Inspect – And We Have Documents That Say So!: The Effect and Legal Implications of Employer Anti-Privacy Disclaimers,” 2005 American Bar Association Employment Rights and Responsibilities Midwinter Meeting
• “This Marital Spat May be Monitored for Quality Assurance: Employee Privacy Rights in the European Union and Canada,” 2004 American Bar Association Employment Rights and Responsibilities Midwinter Meeting
• “I Spy: High-Tech Surveillance in the Workplace,” 2003 American Bar Association Employment Rights and Responsibilities Midwinter Meeting
• “Multi Perspective Discussion of the Collision between Employers’ Interests and Employees’ Personal Lives. Is it an Invasion of Privacy or a Legitimate Prerogative of the Employer?,” 2000 American Bar Association Employment Rights and Responsibilities Midwinter Meeting
• “When Differences Become Dangerous,” 2021 Society for Human Resource Management (SHRM) Annual Legal Conference

Publications

• Co-author/Contributing author to 1993 to 2005 Annual Report of the American Bar Association’s Subcommittee on Privacy and Collateral Torts
• “Off Duty Conduct That Can Be Used against the Employer in Court: A View from the Defense Side Regarding Employee Information That Should Not be Considered ‘Private’,” (2000)
• “Employment Rights and Responsibilities,” 10 The Labor Letter 588 (1994)