Brennan Barger is a trial lawyer and former federal law clerk who focuses his practice on the representation of employers and management in all phases of labor and employment law, including litigation in state and federal courts, arbitration proceedings, and before regulatory and administrative agencies, including the U.S. Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC). His litigation practice involves the defense of clients in a broad range of disputes, including claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), and other federal and state laws governing the workplace.
As a litigator with significant hands-on experience navigating the Federal Rules of Civil Procedure, managing discovery, and preparing for trial, Brennan is frequently called upon to handle written discovery, oversee document production, resolve complex discovery matters regarding electronically stored information (ESI), take and defend depositions, draft and argue dispositive motions, present at hearings in state and federal court, and prepare cases for trial.
As part of his counseling practice, Brennan advises employers across numerous industries on a broad range of day-to-day matters arising out of the employer-employee relationship, including discrimination and harassment prevention, wage and hour matters, the proper classification of employees, leave and accommodation issues, discipline and termination, policies and procedures, drug and alcohol testing, arbitration provisions and programs, restrictive covenants, reductions in force, workplace investigations, and best practices for minimizing the risk of employment-related litigation. He also assists clients with drafting and reviewing employee handbook policies as well as a broad range of employment-related agreements, including employment contracts, confidentiality agreements, separation and severance agreements, independent contractor agreements, and restrictive covenants.
A portion of Brennan’s practice is devoted to representing both plaintiffs and defendants in complex business and commercial disputes.
Brennan’s achievements have earned him inclusion in Best Lawyers: Ones to Watch in America (commercial litigation; insurance law; labor and employment – management; litigation – labor and employment; oil and gas law) and in Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s up-and-coming attorneys.
Prior to joining McAfee & Taft, Brennan served for more than two years as a law clerk to the Honorable Scott L. Palk, district judge in the U.S. District Court for the Western District of Oklahoma. Prior to that, he spent three years as a civil litigation associate for an Oklahoma-based law firm, where he handled matters involving complex business and commercial disputes, insurance defense, and corporate investigations and white-collar defense.