Employment Litigation

• Successfully defended construction company in FLSA class action involving overtime wages and piecework claims.
• Negotiated favorable settlements of individual and putative class action FLSA claims involving misclassification, overtime and meal break issues.
• Obtained successful outcome in a bench trial for transportation communications corporation in a suit brought by former chief executive officer alleging contract and tort claims arising from his termination and alleged breach of executive compensation agreement.
• Successfully defended a workers’ compensation retaliation claim filed by a former employee.
• First chair jury trial experience in sex discrimination, retaliation, breach of contract and misappropriation cases.
• Obtained directed verdict on an age discrimination claim asserted against a hospital by a former employee.
• Obtained voluntary dismissal of a multi-count employment discrimination complaint filed against a client without filing answer or motion to dismiss.
• Prevailed at arbitration on behalf of an employer who sued a former employee for tortious interference.
• Regularly defend employers against claims of discrimination (sex, age, race, disability, national origin), sexual harassment, retaliation and whistleblower claims.
• Represented a former general counsel in ADEA and ERISA suit against a union-employer and obtained favorable settlement and dismissal of counterclaims.
• Successfully negotiated favorable settlement of ERISA and ADEA claims alleged by a former Chief Executive Officer of a non-profit corporation.

Non-Compete/Trade Secrets

• Defended a former employee and obtained denial of TRO in Action involving a non-compete agreement.
• Obtained temporary restraining order against former employee who breached restrictive covenants and misappropriated trade secrets.
• Frequently advise clients, and draft or revise non-competition, non-solicitation and confidentiality agreements.
• Successfully represented numerous clients seeking enforcement of non-competition and confidentiality agreements against former employees.

Employment Counseling, Training and Regulatory Practice

• Frequently represent clients in investigations, audits and regulatory proceedings related to FLSA, Title VII and other statutes in proceedings involving the U.S. Department of Labor, the NLRB, the EEOC and state regulatory agencies.
• Advised and counseled human resource professionals and in-house legal counsel on a wide variety of employment-related matters, including employee handbooks, social media policy, severance arrangements, executive employment agreements, non-competition agreements, EEO matters, FMLA compliance, employee discipline and discharge, ADA accommodations, affirmative action, hiring best practices, FLSA compliance and arbitration agreements.
• Counsel employers regarding implementation of reductions-in-force, downsizing efforts and early retirement incentives, including compliance with OWBPA and WARN.
• Frequently conduct training on employment issues, such as harassment, diversity and inclusion, workplace investigations and ADA compliance.
• Developed a sexual harassment prevention policy for a paper manufacturer and presented training sessions at all corporate and manufacturing locations.

TCPA, ADA and Consumer Class Action

• Defended Fortune 500 communications company in TCPA class action seeking over $100 million in damages.
• Negotiated favorable settlements in dozens of TCPA junk fax and texting cases.
• Obtained dismissal of national retailer in purported class action asserting FACTA violations.
• Obtained voluntary dismissal of fax broadcaster from TCPA class action without payment of any settlement funds.
• Advise clients on ADA website accessibility and compliance issues and defend businesses in related individual and class action claims.
• Regularly consult with companies and develop TCPA (junk fax and text) compliance programs.
• Regularly defend companies and individuals in consumer class actions brought for alleged violations of FACTA and TCPA.

Commercial Litigation

• Obtained favorable settlement for former officers and directors in a fraudulent conveyance action.
• Obtained voluntary dismissal of fraud and RICO claims in a mortgage industry case.
• Prevailed on summary judgment in an environmental insurance coverage matter resulting in the dismissal of millions of dollars in claims against the insurer.