Profile

Phil Zimmerly is a partner in the Labor and Employment and Litigation Groups. His diverse practice has included cases involving employment law, business and contract disputes, intellectual property, trademarks, constitutional law, property disputes, and personal injury. He has represented clients during investigations by various administrative agencies and the NCAA, at administrative and court hearings, and at jury trials in both federal and state courts. He also has represented clients in appeals to the Indiana Court of Appeals, the Indiana Supreme Court, the Kentucky Court of Appeals, and the United States Court of Appeals for the Fourth, Seventh and Eighth Circuits.

Prior to joining Bose McKinney & Evans in October 2012, Phil served as a judicial law clerk for The Honorable Bobby Shepherd on the U.S. Court of Appeals for the Eighth Circuit and The Honorable Yvette Kane in the U.S. District Court for the Middle District of Pennsylvania. He was also legislative counsel for the ranking member on the U.S. Senate Judiciary Committee and the Subcommittee on Administrative Oversight and the Courts. During law school, Phil was a legal intern at the Department of Justice, Civil Rights Division. He graduated from the University of Alabama School of Law.

Education

University of Alabama School of Law (J.D., magna cum laude, 2008)

Order of the Coif; Alabama Law Review, Notes Editor and Managing Board; Moot Court Board, Chairperson, National Moot Court Team Member; Hugo L. Black Scholar; Bench and Bar Legal Honor Society

Gannon University (B.A., summa cum laude, 2005)

Student Government Association, President (2003-2004); Board of Trustees (2003-2004); The Archbishop John Mark Gannon Award (2005) (Awarded to Graduating Student with Highest GPA); Gannon University Medal of Honor (Awarded to Student for Character, Leadership, and Scholarship)

Honors / Awards

Indiana Super Lawyers® – Rising Stars Edition (2017-2018); Up and Coming Lawyer, Indiana Lawyer Leadership in Law (2016); Junior Achievement’s Best and Brightest Award Finalist in the Law Category (2016); U.S. District Court (S.D. Ind.) Honor Roll (2016, 2019)

Appearances / Publications

Indiana Continuing Legal Education Forum (ICLEF) – “Developing and Representing the Indiana Business: Employment Law Considerations” (September 10, 2020)

Indiana Banker’s Association HR Director’s Forum – “Risky Business: Fighter Jets, Handbooks, Interns, and Retaliation” (July 17, 2018)

Author: “Social Media and Section 7 Rights: Employers Under Fire” (Indiana Lawyer, October 9, 2013); Comment, “The Answer is Blowing in Procedure:  States Turn to Medical Criteria and Inactive Dockets to Better Facilitate Asbestos Litigation,” 59 Alabama Law Review 771 (2008)

On Topic Video – Marijuana Use and Employee Termination

On Topic Video – Employee vs. Independent Contractor: The IRS Test

On Topic Video – Employee vs. Independent Contractor: The DOL Text

On Topic Video – Employee vs. Independent Contractor: The Indiana Department of Workforce Development

Appointments / Memberships

Member: Indianapolis Bar Association (member); Seventh Circuit Pattern Civil Jury Instructions – ADA Instructions Subcommittee (member, 2017-present); Indiana State Bar Association (past member, American Citizenship Committee); Alabama Bar Association; Madison Fellow, The Heritage Foundation; Indianapolis Bar Association Bar Leader Series, Class XVI; Sagamore Inn of Court (Barrister, 2019-present)

Admissions

Alabama, Indiana, United States Court of Appeals for the Fourth Circuit, United States Court of Appeals for the Seventh Circuit, United States District Court for the Northern District of Indiana, United States District Court for the Southern District of Indiana