Overview

Miriam J. McKendall is an attorney in Holland & Knight's Litigation and Dispute Resolution Practice and is a member of the firm's Labor, Employment and Benefits Group. Ms. McKendall also serves as co-chair of the firm's National Education Team. She concentrates her practice in employment law, education law and related litigation.

Ms. McKendall defends clients in employment and education related litigation and agency proceedings, such as claims of discrimination and retaliation, including Title IX, non-payment of wages and employee misclassification, as well as tort claims and breach of contract claims, pending at the Massachusetts Commission Against Discrimination (MCAD), U.S. Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor (DOL), the Office for Civil Rights (OCR), U.S. Department of Education (ED), and state and federal courts. In addition to defending claims, Ms. McKendall works with clients to assess and navigate threatened claims to avoid litigation and achieve early and effective resolutions of disputes. She leads clients through complex negotiations and resolution of claims involving high level personnel, reputational issues and high media exposure. Ms. McKendall's work also includes workplace investigations, ranging from advising clients as they conduct investigations internally to conducting investigations herself and leading comprehensive investigations, in particular of allegations of employee and faculty misconduct.

For educational institutions, Ms. McKendall provides advice in the areas of student discipline, student disability, Title IX and sexual misconduct matters, campus security and Clery Act compliance, tenure and faculty governance issues, as well as advises presidents and boards of educational institutions on matters of high impact.

Ms. McKendall advises clients on achieving and maintaining legal compliance, including the development of workplace policies, training of managers, exempt and non-exempt employee classifications, employee lay-offs and furloughs and related compliance issues, and implementing preventative strategies for containment of potential claims. She works closely with client leadership on crisis management issues, in order to align legal strategies to best serve the mission and objectives of the client. Ms. McKendall frequently presents to leadership personnel on legal obligations, student and academic matters, policy development and compliance issues.

Credentials

Education
  • Boston University School of Law, J.D.
  • Brown University, B.S., magna cum laude
Bar Admissions/Licenses
  • Massachusetts
  • Rhode Island
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Rhode Island
  • All State Courts in Massachusetts
  • All State Courts in Rhode Island
Memberships
  • American Bar Association
  • Massachusetts Bar Association
  • National Association of College and University Attorneys
  • Federal Bar Association, District of Massachusetts, past Officer
  • National Association of Women in Construction, Boston Chapter, former Director
  • Brown University Club of Boston, former Director
Honors & Awards
  • The Best Lawyers in America guide, Education Law, Employment Law - Management, 2009-2020
  • Chambers USA - America's Leading Business Lawyers guide, Labor & Employment, 2013-2020
  • Massachusetts Super Lawyers magazine, 2006, 2010, 2011, 2018, 2019
  • Boston's Best Lawyers
  • Boston Bar Association, Co-Chair, College and University Section, 2009-2011
  • Center for Excellence in Higher Education Law and Policy, Stetson University College of Law, International Advisory Board
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Publications

Speaking Engagements

News