Practice Areas
- Class Action Litigation
- Employee Benefits
- ERISA Litigation
- Labor Relations
- Litigation; Employment Litigation Prevention and Defense
- Wage and Hour Compliance and Litigation
Practice Emphasis
- Employment Litigation
- ERISA Litigation
- Covenants Not to Compete/Trade Secrets
- Employee Fraud & Embezzlement
- Whistleblower Litigation
- Employment Taxes
- WARN Act Compliance
Bar & Court Admissions
- North Carolina, 2005
- United States District Court for the Eastern District of North Carolina
- United States District Court for the Middle District of North Carolina
- United States District Court for the Western District of North Carolina
- United States Tax Court
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the District of Columbia Circuit
Education
Wake Forest University School of Law, Winston-Salem, NC
- J.D., cum laude, 2005
- Order of the Coif
- James F. Hoge Scholar
- Wake Forest Law Review, Staff Member (2003-2005)
- ATLA Trial Team, Member (2003-2005)
- Moot Court Board (2003-2005)
State University of New York (SUNY) at Geneseo, Geneseo, New York
- B.S., Accounting, summa cum laude, 2002
- Minor in Philosophy
- NYSSCPA Outstanding Senior Award
Blog
News
“Do you not know that in a race all the runners run, but only one gets the prize? Run in such a way as to get the prize.”
--Paul, 1 Corinthians 9:24
Mr. McMahon represents employers in a broad range of litigation involving covenants not to compete and misappropriation of trade secrets, employee fraud and embezzlement, whistleblower matters, employment discrimination, wage and hour issues, employment tax disputes (including allegations of independent contractor misclassification), and employee benefit disputes under ERISA. In an era when very few cases actually go to trial, Mr. McMahon nonetheless has significant trial experience, having represented clients in bench and jury trials in state and federal courts, including the the United States Tax Court. He also routinely counsels management on all aspects of labor and employment law with an eye towards compliance and avoiding litigation in the first place, including advising employers on the their obligations under the federal and state WARN Acts.
In his noncompete/trade secret practice, Mr. McMahon assists employers with obtaining temporary restraining orders and preliminary and permanent injunctions to stop former employees who are in violation of their restrictive covenants. He also defends employers (and their newly recruited employees) against unenforceable noncompetes and unfounded allegations of trade secret misappropriation. A substantial portion of his practice in this area is also dedicated to assisting employers with drafting enforceable noncompete/nonsolicitation agreements and advising management on the intricacies of the various states’ laws in this area.
Mr. McMahon maintains a substantial employment discrimination practice, both at the administrative agency level and in federal and state court. He has successfully defended employers against single and multi plaintiff cases involving Title VII of the Civil Rights act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), and the North Carolina Retaliatory Employment Discrimination Act (REDA), among others. Mr. McMahon has also represented public employers in First Amendment freedom of speech retaliation actions.
In 2010, Mr. McMahon began serving as an Adjunct Professor of Law at Wake Forest University School of Law, where he teaches Employee Benefits & Pension Law. He also serves as a Summer Bar Prep Coach at Elon University School of Law.
Publications/Presentations
- Sports: Cyclist Sues Team Officials Under False Claims Act, Labor and Employment Law - American Bar Association Section of Labor and Employment Law Newsletter (Vol. 39, No. 1, Fall 2010)
- Motions in Limine - Employment Law Trial Tactics, The DRI Defense Library Series (January 2010)
- Sports: State Statute Trumps NFL’s Collectively Bargained Drug Policy, Labor and Employment Law – American Bar Association Section of Labor and Employment Law Newsletter (Vol. 38, No. 3, Spring 2010)
- Sports: Baseball’s DNA Testing: Fraud Prevention or GINA Violation?, Labor and Employment Law – American Bar Association Section of Labor and Employment Law Newsletter (Vol. 38, No. 1, Fall 2009)
- Oliver v. NCAA: Court Knocks Down “No Agent” Rule, Sports & Entertainment – N.C. Bar Association Sports & Entertainment Law Section Newsletter (November 2009)
- Out of State, Out of Luck: Sawyer v. Market America, Inc. and the Application of the N.C. Wage and Hour Act to Non-Residents, Labor & Employment – N.C. Bar Association Labor & Employment Law Section Newsletter (September 2009)
- The Fair Debt Collection Practices Act in the Workplace, PEO Insider (February 2009)
- Be Careful What You Ask For: Choosing Whether to Arbitrate After HallStreet Associates, L.L.C. v. Mattel, Inc., The Litigator - N.C. Bar Association Litigation Section Newsletter (February 2009)
Mr. McMahon regularly presents at seminars on employment law topics. Recent examples include the following:
- Emerging Trends in ERISA/Employee Benefits Litigation, The Employers Association (April 2010)
- Employee Off-Duty Conduct, CAI (November 2009)
- Employment Discrimination Update, Triad Compensation Association (September 2009)
- Internal Investigations, The HR Group (April 2009)
- Update on ERISA Breach of Fiduciary Duty Claims, NAIFA – Greensboro Chapter (February 2009)
- Employment Discrimination and Retaliation Claims, Lorman Education Services (January 2009)
- Managing Employee Competition: Using Covenants Not to Compete and Protecting Trade Secrets, NCACPA Annual Symposium (November 2008)
Awards & Recognition
- Business North Carolina magazine "Legal Elite" in category of "Young Guns," (best attorneys under age 40), 2008
- North Carolina Super Lawyers "Rising Star," 2009-2011
- North Carolina Lawyers Weekly "Emerging Legal Leader," Finalist, 2010
Professional Activities/Associations
- American Bar Association (Litigation, Labor & Employment, and Tort Trial and Insurance Practice Sections)
- North Carolina Bar Association (Labor & Employment Law and Sports & Entertainment Law Sections)
Civic/Charitable Activities/Associations
- Catalyst Church – Greensboro, NC
- Twin City Track Club – Winston-Salem, NC
Other Personal Background Information and Interests
- Bill loves spending time with his wife, Amy, and daughters, Carolyn and Julie. He is a serious runner, continuing to compete in all events ranging from sprints to marathons. Bill is also an avid fan of Major League and Minor League Baseball.
