Overview

Brittany E. Bard is a labor and employment attorney who has represented both employers and employees in a broad range of workplace matters including discrimination & retaliation and workplace investigations. Her experience representing both sides of employment disputes gives her a practical understanding of how workplace claims are evaluated, defended, and resolved, and allows her to approach each matter with a strategic understanding of what it takes for a plaintiff to receive a favorable result. Brittany understands that an employee is often afraid to take on their employer and approaches each case with empathy and individualized attention.

Brittany defends clients in investigations that involve complicated factual and legal issues with her significant experience in complex employment litigation. Brittany understands the internal processes employers use to investigate complaints, evaluate performance, make employment decisions, respond to EEOC charges, and defend litigation. She leverages that knowledge to identify weaknesses in an employer’s position, develop effective strategies for her clients, and pursue meaningful resolutions to workplace disputes.

Prior to joining Nesenoff & Miltenberg, Brittany represented clients in various employment matters and assisted in OSHA compliance, union negotiations, trade secrets issues, a wage and hour class action, and international business matters.

In addition to her work in these areas, Brittany represents clients in intellectual property matters. As an avid reader and writer, she appreciates the arts and enjoys working with creative people. Brittany is passionate about protecting their ideas and their work and ensures that a client’s vision becomes a reality. She has worked with authors, musicians, film writers, Tik Tok influencers, and businesses ranging from start-ups to well-established businesses.

Notable Work

  • Successfully established equitable tolling in a novel Covid-era EEOC case involving religious accommodation. The plaintiff, a former employee of Mercedes-Benz USA, sued the company for religious discrimination in the Northern District of Georgia after she was terminated for declining a COVID-19 vaccination.  The case presented an unusual procedural issue involving the EEOC’s Covid-era operations and the timing of the charge.  Brittany successfully argued that the plaintiff should be allowed to proceed to discovery, and the court agreed.  Following summary judgment, the Eleventh Circuit ordered mediation where the client received damages for her termination.
  • Secured a settlement in an Eighth Circuit ADA matter through strategic evidentiary advocacy. When the district court permitted admission of a settlement offer, despite protection under the Federal Rules of Evidence, Brittany filed a motion in limine and challenged the evidence on hearsay grounds. After the court indicated that the evidence was most likely to be excluded, the case was successfully settled just days before trial.  
  • Guided Bosch Tool Corporation in complex employment litigation across multiple jurisdictions. Brittany’s extensive defense work on employment matters including pregnancy discrimination, gender discrimination, race discrimination, sexual harassment, age discrimination, disability discrimination under the ADA, religious discrimination, and whistleblower retaliation has allowed her to represent plaintiffs zealously, giving her the edge to anticipate the defense’s steps.
  • Advocated for a plaintiff after company attempted to take ownership of his intellectual property.  The former employee wrote a book and through advocacy and guidance, he was able to avoid litigation and able to obtain his ownership rights.
  • Secured numerous trademarks, even after being rejected by the USPTO. Since 2021 Brittany regularly counsels individuals and businesses ranging from start-ups to well-established businesses on their intellectual property.  She has assisted a well-known musical artist in protecting her music through copyright, obtained multiple trademarks for Tik-Tok sensation Reesa Teesa and ensures that her clients’ IP is protected by monitoring and enforcing their rights well after being registered including counseling them on emerging artificial intelligence issues.
  • Assisted a film maker in Los Angeles in protecting his IP rights to his film script.  When this filmmaker wrote a movie script, he needed assistance with a contract that would protect his ownership rights before the film was made, and Brittany researched and drafted the agreement ensuring he could move forward with the making of his movie.

Education & Admissions

Education

  • J.D., Atlanta’s John Marshall Law School, Atlanta, Georgia, 2020—Cali Award for Legal Writing and Research
  • B.A., Journalism, concentration in public relations, minor in English, Georgia State University, cum laude, 2008

Admissions

  • State Bar of Georgia
  • State Bar of Massachusetts – pending
  • U.S. District for the Northern District of Georgia

Practice Areas

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