Overview

About John Baumann

I love the practice of law: the opportunity to listen to and help people, the learning involved on almost a daily basis, and the pride I feel in putting out the tremendous effort it has taken to not only become a lawyer, but become an excellent, professional, caring attorney. I have become known as The Inspiring Esquire. www.TheInspiringEsquire.com

My practice focuses primarily upon discrimination in the workplace including The American with Disabilities Act. I, myself, am a Proud Attorney with Parkinson's Disease. I was diagnosed at age 41 and am 50 years young in 2011.

If you are dealing with disability or other discrimination issues, you are likely in unfamiliar territory, outside your comfort zone and experiencing the full range of emotions (I know, I was there).

If you are an employer who is serious about complying with laws against discrimination, I want to hear from you also. I offer Proactive Harassment Prevention Culture Workshops. www.ProactivePreventionCulture.com

I obtained my law degree from Cornell University in 1986, passed three bar exams, and have practiced law for 25 years. If you want to know more about the law enacted to prevent discrimination and harassment, please don't hesitate to contact me for a free consultation.

In order to minimize the stress involved in this life situation and not require that you drive downtown to a cold office building, I have opened an office on the east side of Louisville near Long Run Park. From the Shelbyville Road exit on the Gene Snyder, travel 3.5 miles east, turn left on Long Run Road, travel exactly 4 miles, turn left 100 yards after Long Run Woods subdivision into Oakmoor Woods subdivision and proceed one half mile to 1012.

In addition to my employment law practice, I teach at the University of Louisville and am a legal & management consultant, workshop facilitator and keynote inspirational speaker focusing on (a) overcoming adversity, (b) workplace proactive prevention programs including harassment elimination and (c) conducting leadership/ management and other skills training emphasising respect and appreciation.

John Baumann graduated summa cum laude from the University of Massachusetts Isenberg School of Management and earned his Juris Doctorate from Cornell Law School. Attorney Baumann, in his 24-year career, has passed the bar and practiced in Texas, Louisiana and New Jersey before becoming General Counsel of a Nasdaq listed corporation headquartered in Kentucky.

Since 2006, Professor Baumann has taught classes in the School of Business at the University of Louisville.

John is an inspirational and educational speaker, hosted his own internet talk show: The Inspiring Esquire (http://www.voiceamerica.com/voiceamerica/vshow.aspx?sid=1705) and has been a legal commentator on CNN Headline News (http://learnsuccesstoday.com/cnn.asp).

John is proud to have been on the same program with author Lundy Bancroft.

Practice Areas
Professional Experience
ExperienceYears
Attorney, John Baumann, Attorney-at-Law2010-Current
Practice focused upon representing individuals who have been discriminated against by their employer. In addition, employment law for employers including defense of Equal Employment Opportunity Commission charges, Department of Labor audits (Fair Labor Standards Act on overtime exemptions), National Labor Relations unfair practice charges and all other employment-related issues.
Of Counsel, Ferreri & Fogle law firm2009-Current
Complementing the firm's employment law, workers' compensation, risk management, and insurance law defense practice, John Baumann offers a series of workplace proactive prevention programs specifically for employers including, among others, harassment prevention (sexual and all other forms of unlawful harassment), union avoidance (prior to any secret union card campaign) and workplace injury reducton.
General Counsel & Secretary (Former HR Manager), Steel Technologies Inc.1996-2008
Promoted from Corporate Counsel in 1996 to Counsel/Secretary/Human Resources Manager in 1997 to General Counsel & Secretary in 2001 overseeing a three-person legal department. Designated Executive Officer in 2007. Responsible for closing of five acquisitions resulting in growth from 7 plants with $300M in sales to 25 plants with over $1.3B in sales. Negotiated legal aspects, and responsible for SEC and DOJ acceptance, of $532M sale agreement to Mitsui and successfully completed closing in 2007. Major Contributions: • Established, implemented and maintained Proactive Prevention program at corporate office and plants. • Identified and obtained over $2M in government incentives and state tax savings. • Successfully obtained recovery of $500k in 12 year-old written-off collection suit. • Brought and recovered $750k in design defect lawsuit despite unfavorable contract terms. • Completed successful Secondary Offering and Private Placement raising $97M. • Instrumental in development of, and long-time executive officer of, offshore captive insurance co-op which grew from 12 to over 200 member companies and saved the company a total of over $5M in premiums. • Implemented corporate structure reorganizations resulting in over $2M in state tax savings. • Responsible for legal aspects of SOX compliance including Code of Conduct and whistleblower. • Instituted program of union avoidance resulting in no campaigns since 1999. • Successful campaign resulting in the decertification of union at plant near Gary, Indiana. • Through various joint ventures, experience with international as well as certified minority companies. • Created environmental compliance program for 15 plants. • Strategy formulation and hands-on participation in the successful resolution of all company lawsuits including arguing before the Sixth and Seventh Circuit Federal Courts of Appeals. • Drafted annual Proxy Statements as well as a Shareholder Rights Plan and a Restricted Stock Plan approved by the Board of Directors and adopted by shareholder resolution.
Assistant General Counsel, Tosco Corporation1993-1996
Created law department for start-up company following the $700M purchase of a New Jersey refinery from Exxon including negotiation of successor agreement with Teamsters resulting in significantly reduced workforce. Addressed several patent issues related to the transition of the refinery from Exxon to Tosco.
Attorney, Exxon Corporation1986-1996
Trial Attorney, Houston, TX Judgment of $2,400,000 obtained and collected for a counterclaim in a strategically critical lawsuit. Trial attorney assigned to property damage, personal injury, antitrust, and Jones Act cases. Assisted Professor Charles Allan Wright, author of Wright & Miller treatise series, in Fifth Circuit Oral Argument. Oil and Gas Attorney, New Orleans, LA Successfully unitized contested natural gas field in Jackson, Mississippi. Drafted legislation in Mississippi that was adopted into law. Refinery Attorney, Linden, NJ Closed $700M sale of environmentally-sensitive oil refinery in New Jersey. Successfully handled two NLRB hearings and several arbitrations against the Teamsters.
Education
SchoolFocusDegreeYear
Cornell UniversityJ.D.1986
University of Massachusetts - AmherstManagementB.B.A.1982
Honors: Summa Cum Laude
Professional Activities
ActivityOrganizationStart YearEnd Year
PresidentJK Success Enterprises LLC2008
Details: A legal/management inspirational/educational speaker/consulting firm. Our focus is on workplace proactive prevention programs (harassment, union and injury) and conducting leadership/management and other skills training (success, negotiation and dealing with adversity) emphasizing humanistic values as critical components of maintaining an organizationâs healthy culture while, in the process, enhancing the bottom line. Available for interactive presentations, more interactive workshops, and consulting. See our updated websites at LearnSuccessToday.com, ProactivePreventionCulture.com and TheInspiringEsquire.com
Adjunct ProfessorUniversity of Louisville2006
Details: UNIVERSITY OF LOUISVILLE COLLEGE OF BUSINESS, Louisville, KY 2006-Present, Commercial Law 301, Legal Environment of Business, 2010-2011: Teaching five classes with a total of 250 students.
Advisory DirectorThorntons, Inc.20022008
Awards
AwardOrganizationYear
Most Inspiring Professor Scholar Athlete Recognision Dinner2009
The scholar athlete of the year selected John Baumann as her most inspiring professor.
Professional Affiliations
PositionYears
Chairman of the Board, Make-A-Wish Foundation, Kentucky Chapter2004-Current
Activities: Grant wishes to children with life-threatening conditions.
Director, Kentucky Chamber of Commerce2004-2008

Publications

Publications
TitlePublisherPublished
Learn Negotiation Today
University of Louisville
Learn Success Today
BB&T, University of Louisville, others
Proactive Prevention
Kentucky Bar Association, Marcus Evans General Counsel Summit, ALFA seminar
Remaining Non-Union
Kentucky Chamber of Commerce
Adopt a Proactive Prevention Program and Enhance Bottom Line ProfitsAmerican Management AssociationJanuary, 2010
Can anything really be done to actually prevent workplace harassment, prevent union card campaigns and reduce injuries? The answer may be seen in the example of one company with 15 steel processing plants and 1,500 employees, of which 1,200 are on industrial plant floors. You would expect this type of organization to be involved with several harassment lawsuits per year. With a typical settlement likely to conservatively be in excess of $100,000 and the typical defense attorney fees to be an even higher amount, the unnecessary expense is substantial. However, since 1999, this organization has experienced no employment-related lawsuits. Throw into the mix a diverse workforce (various religions, races, and national origins), and add women working on the plant floor, the record becomes even more impressive. Even more incredible is the fact that these plants are not limited to traditionally non-litigious locations, but this company’s largest plants are in Detroit, Cleveland, northern Indiana and Ohio. This organization also had two of its plants vote in a union in 1995. From 1998 to 1999, unions also obtained enough cards for an election to be held in two additional plants. In 1999, this organization won the election in one plant, the union withdrew before the election in the other, and the employees decertified one of the 1995 elected unions. This was all done at great expense, not only in dollars, but also in employee time, productivity, and morale. Since 1999, this organization has been subjected to no union card campaigns. In 1999, this organization recorded 300 workers compensation claims. Ten years later, with 50% more employees, there were less than 70 claims filed. That's over 200 to 500 injuries that did not happen. Real live people that went home to their families intact and could work the next day.

Blogs

Twitter & Social Networks

Videos

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