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Katherine Witherspoon Fry

Principal

Wilmington Office

Contact

Email: kwitherspoonfry@offitkurman.com

Phone: 302.351.0902

Fax: 302.351.0915

Mailing: 222 Delaware Avenue

Suite 1105 Wilmington , DE 19801

Linkedin: Katherine Witherspoon Fry

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PRACTICE FOCUS

For over 25 years, Katherine has provided her clients with robust representation in matters of employment and related business law. Katherine represents and counsels employers and executives in all facets of the employment relationship, including hiring, termination, discrimination, non-competition, Fair Labor Standards Act matters, issues regarding Family and Medical Leave and other leaves, whistleblowers' complaints, and regulatory matters. As a litigator, she is well aware of the nuances of law necessary to draft effective restrictive covenants, severance agreements, and employment contracts. Along with her over 250 colleagues, she represents companies and non-profit organizations of all sizes. She has defended companies under investigation by both U.S. and state Departments of Labor and handled multiple matters before the EEOC. Katherine is a seasoned member of the Delaware bar. As such, her practice has a nationwide reach due to the broad jurisdiction of Delaware’s courts over a large number of Fortune 500 companies. She also litigates on behalf of and advises clients throughout the U.S., as needed.

Katherine assists executives in negotiating severance agreements and employment agreements; review of other corporate agreements; and resolving disputes of all kinds with employers.

Katherine also has developed expertise in education law, counseling private and charter schools as well as parents in special education, disciplinary matters, Title IX complaints, bullying issues, and breach of contract matters. She gained significant experience in this practice area by serving as outside counsel to a large school district for 11 years.

Expedient resolution of disputes prior to trial or hearing is a strength for Katherine. As a certified mediator and arbitrator and court-appointed hearing officer herself, she understands the immense value of alternative dispute resolution and early settlement of controversies. Nevertheless, when called upon to do so, she has pursued cases all the way to the U.S. Supreme Court as well as the Third Circuit Court of Appeals and the Delaware Supreme Court.

Katherine welcomes the opportunity to consult with prospective clients without any obligation regarding their legal needs.

REPRESENTATIVE CASES

Employment litigation and administrative actions:

Successfully defended a client’s judgment in an Americans with Disabilities Act case to the U.S. Supreme Court.
Sued ex-employees for theft of trade secrets in a California federal district court and a Florida federal district court, obtaining favorable settlements for employer clients.
Defended executive ex-employees in claims of breach of restrictive covenants in the Delaware Court of Chancery.
Successfully moved to dismiss Title VII discrimination claims brought against employer clients in Delaware federal district court.
Negotiated numerous settlements of discrimination charges before the EEOC and Delaware Human Relations Commission.

Education matters:

Defended a school district and charter schools in claims brought pursuant to the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, including successfully arguing an appeal to the Delaware Supreme Court.
Represented a graduate student alleging national origin discrimination against a university in Delaware federal district court.
Defended numerous students in disciplinary and Title IX hearings at universities nationwide.
Brought complaints on behalf of students and parents against schools for issues such as special education violations and bullying.

SPEAKING ENGAGEMENTS

“Attracting and Keeping Quality Employees: How to Prevent a Great Resignation” Association of International Metallizers, Coaters and Laminators, April 5, 2022 (Presenter)
“What the Biden Administration’s Agenda Means for the Workforce” Wilmington University, Webinar, September 28, 2021 (Presenter)
"The 'Workplace' Environment – How to Manage and Be Prepared for the Challenges Faced by Employers" Mid-Atlantic CFO Roundtable, Webinar, May 20, 2021 (Presenter)
"Labor and Employment Issues Regarding COVID-19" Breakfast Bar Speaker Series, Webinar, May 6, 2021
"The New Normal: Managing Legal Risks of COVID-19" Wire Association International, Webinar May 5, 2021 (Presenter)
"The New Normal: Managing Legal Risks of COVID-19" Association of International Metallizers Coaters and Laminators, Webinar, March 2021 (Presenter)
“The New Administration: What Employers Need to Know,” Lyons Insurance Co., Webinar, February 11, 2021 (Presenter)
“The Employment Review: What the New Year and New President Mean for Your Workforce,” Offit Kurman Webinar, January 12, 2021 (Presenter)
“Current Employment Law Topics,” Rotary Club of Columbia Patuxent, December 17, 2020 (Presenter)
“Employment Law Risks in the Time of COVID-19,” Wilmington University, September 9, 2020 (Presenter)
“Workplace and Personal Stress in the Pandemic,” The Alternative Board, July 30, 2020 (Presenter)
“The Employment Review: The Social Justice Movement,” Offit Kurman Webinar, July 22, 2020 (Presenter)
"Returning to Work During COVID-19 What’s the New Normal?" Offit Kurman/ Belfint Briefing with Belfint Lyons & Shuman, June 2020 (Presenter)
"Preparing You for the “New Normal” in a COVID-19 Job Market," YWCA Workwise Wand and the Workwise Group, June 2020 (Presenter)
"Re-Opening During COVID-19," SCORE/YWCA, June 2020 (Presenter)
"Maximizing Loan Forgiveness Under the Paycheck Protection Program," The Executive Dialogue Group, May 2020 (Presenter)
"Returning to Work During COVID-19: What’s the New Normal?" The Alternative Board International, May 2020 (Presenter)
“The Employment Review: Getting Back to Work During COVID-19: What's the New Normal?” Offit Kurman Webinar, May 14, 2020 (Presenter)
"Avoiding Legal Liability for COVID-19 Related Reasons," 'Money and Politics in Delaware' WILM radio, May 2020 (Interviewee)
"The Paycheck Protection Program and Forgiveness," Delaware State Chamber of Commerce, April 2020 (Presenter)
"What You Need to Know About the CARES Act and FFCRA," The Alternative Board-Baltimore Chapter, April 2020 (Presenter)
"Families First Coronavirus Response Act and CARES Act," 'Money and Politics in Delaware' WILM Radio, April 2020 (Interviewee)
"Implementing COVID-19 Policies," Aspire Wealth Planners, April 2020 (Presenter)
"COVID-19 Legal Liabilities and Policies," Delaware State Chamber of Commerce, April 2020 (Presenter)
"The CARES Act" Aspire Wealth Planners, April 2020 (Presenter)
"What You Need to Know About the CARES Act and FFCRA," The Alternative Board-Baltimore Chapter, April 2020 (Presenter)
"Families First Coronavirus Response Act and CARES Act," New Castle County Chamber of Commerce, April 2020 (Presenter)
"Coronavirus Sick Leave Laws," Aspire Wealth Planners, April 2020 (Presenter)
"Families First Coronavirus Response Act and Liability," MySherpa, April 2020 (Presenter)
"Families First Coronavirus Response Act," Delaware State Chamber of Commerce, April 2020 (Presenter)
"Work-Life Balance," Delaware Women’s Leadership Conference, November 2019 (Presenter)

POINTS OF DISTINCTION

Best Lawyers in America, Employment Law – Management, 2023

Practice Areas

Education & Admissions

New York University School of Law, 1994, Moot Court Board
Duke University, B.A., cum laude, 1989

Delaware, 1995
U.S. Court for the District of Delaware, 1995
U.S. Circuit Court for the Third Circuit, 1998
U.S. Supreme Court, 2015

Activities

Adjunct Professor, University of Delaware Lerner School of Business
Chair, Employer Advocacy Committee, Delaware State Chamber of Commerce, 2021-22
Professional Speaker
Delaware State Bar Association, Alternative Dispute Resolution Section Current Vice-Chair
Delaware State Bar Association, Labor and Employment Section (Previous Secretary and Chair)
American Bar Association, Labor and Employment Section (Rights and Responsibilities Committee)
National Association of Women Business Owners
Delaware Women’s Leadership Conference (Planning Committee and Moderator)
Delaware State Bar Association, Women and Law Section
Delaware State Chamber of Commerce (Employer Advocacy Committee)

Videos Resources

Webinars

Getting Back to Work During COVID-19: The New Normal from an Employment Attorney’s Perspective

June 16, 2020

WEBINAR HELD Tuesday, June 16th, 20208:30 a.m. – 9:45 a.m. This live webinar is eligible for 1 Hour of CPE!…

Posts

"New Federal Contractor Rule"

The question of who’s an employee with protections and benefits under labor law and who is a contractor not covered…

"Delaware Non-Compete Update"

As you may know, I provide employment law advice to our teams here at Offit Kurman, assisting our clients in…

"Monitoring Employee Email for Unionization Activity"

We’re all noticing that increased unionization is the national trend. With new Democratic-appointed National Labor Relations Board members, the Board…