James ("Jef") Edward Fagan, III is a seasoned first-chair litigator and counselor with over twenty-five years of experience as a practicing attorney. He represents both small and large companies and has spent half of his career as an in-house counsel to two large governmental entities. He brings a mature and measured approach to legal matters, and his primary objective is the prompt and efficient resolution of disputes and legal concerns.
Labor and Employment
Jef’s labor and employment practice focuses on litigation and counseling for public and private employers on a wide variety of employment issues, including employment discrimination, wage and hour, employment agreements and restrictive covenants, recruitment, discipline, termination, and compliance with civil rights laws. Jef also has extensive experience in the representation of management in traditional labor matters on issues involving union avoidance, union management, collective bargaining, and unfair labor practice charges.
Jef supports his government contracting clients in many areas including matters involving the National Labor Relations Act, the Service Contract Act, prevailing wage, project labor agreements, ethics, OFCCP compliance, bid protests and related litigation, as well as state and local cooperative purchasing.
As general counsel to a large public-school system, Jef routinely handles all legal matters in the areas of education, employment, procurement, finance, special education, virtual learning, public records, local and federal legislation, and general local government matters. He is able to use this experience in representing public, independent and charter schools throughout the country.
Gaming and Sports Betting
As an active member of the American Gaming Association, Jef tracks sports betting and gaming legislation throughout the nation as the legal and regulatory landscape changes at a frenetic pace. He is well positioned to advise both companies and individual investors, as well as entrepreneurs in this emerging market.
Cybersecurity and IT
Jef is an active member of the Information Systems Audit and Control Association (ISACA) and provides advice to his clients on issues related to state and federal privacy laws, data protection and retention obligations and government contracts compliance issues in the evolving cyber and IT world.
PUBLICATIONS & SPEAKING ENGAGEMENTS
- The Rise of Opioids, Legal Marijuana and Other Drugs in the Workplace: Webinar, May 2019.
- Department of Labor PAID Program: Amnesty Provision or Wolf in Sheep’s Clothing? : published on NetAssets (Advancing Business and Excellence in Independent Schools), May 2108.
- Preparing for a Compliance Visit Under a Department of Justice Settlement Agreement, August 2014.
- Municipal Classified Employees and the Virginia Conflicts of Interest Act, August 2014.
- Municipal Purchasing Procedures and the Virginia Public Procurement Act, June 2013.
- Federal Investigation into English Language Learners Program, Virginia Local Government Attorneys presentation, March 2012.
- Search and Seizure in Public Schools in the Age of Bring your Own Device, September 2012.
- Managing Requests for Records under The Virginia FOIA and Federal FERPA, March 2011.
- Workplace Leave – Updates to the ADA and the FMLA, May 2011.
- Sovereign Immunity and the Obsession with the Eleventh Amendment, The Journal of Local Government Law, Virginia State Bar, Vol. X, No. 4, June 2000.
- The Fair Labor Standards Act and the Loss of the 7(k) Exemption, Virginia Local Government Attorneys presentation, Spring 1998.
Pursuant to the Universal Paid Leave Amendment Act of 2016 (“Act”), all covered employers will be required to pay into…
On Tuesday February 19, 2019, the DC Council passed the Sports Wagering Lottery Amendment Act of 2018 (B 22-944), which permits retail, online and mobile sports gambling in the District. While the bill is subject to mayoral and Congressional review and approval, there were emergency measures also passed that will kick things into gear today.
Sports betting is a multi-billion-dollar industry. But outside of the casinos in Las Vegas, Nevada, it has traditionally been run and controlled illegally by the criminal underworld or shady offshore enterprises. That all changed when the Supreme Court determined...View All
The Rise of Opioids, Legal Marijuana
and Other Drugs in the Workplace
DOL Paid Program
Amnesty Provision of Wolf in Sheep's Clothing?