Labor and Employment

• Counseling clients on, and successfully defending, complaints on a national basis as filed by employees alleging wrongful discharge, retaliation, and harassment based upon, but not limited to, alleged disability discrimination, race discrimination, age discrimination, gender discrimination, sexual harassment, and whistleblower retaliation. Successfully defending employers against these types of claims before the EEOC, OSHA, DOL, various state agencies, arbitrators and courts.
• Representing and advising clients on all facets of OSHA and related regulatory compliance on a national basis, including in connection with investigations and litigation involving citations for alleged regulatory violations. Scott’s OSHA experience spans over 25 states and includes, but is not limited to, issues involving chemical exposures, emergency action plans, heat, hazardous biological exposures, chemical spills and response, pressure vessels, noise, compliance with design and build standards, construction, trenches, demolition, exit routes, engineering, powered industrial trucks, fall protection, training, safety policies, lockout tagout, crane and lift truck safety, loading and unloading of trucks, general duty, fire, and electrical standards.
• Counseling clients on, and successfully defending claims including both single plaintiff and class and collective actions, alleging a failure to pay appropriate wages in violation of the Fair Labor Standards Act and related state laws throughout the country.
• Counseling clients on, and successfully defending claims, alleging violations of collective bargaining agreements and unfair labor practices regarding issues of discharge, discipline, terms and conditions of employment, compensation, among other issues. Representing clients at arbitration hearings over alleged breaches of collective bargaining agreements. Successfully obtained dismissal and denial of numerous complaints, grievances and charges.
• Assisting clients with the negotiations of collective bargaining agreements with unionized workforces around the country.
• Advising clients on the use of artificial intelligence (AI) as it relates to all aspects of employment law including, but not limited to, hiring, discipline, terminations, and promotions considering the National Labor Relations Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Title VII of the Civil Rights Act, and other federal, state and local laws. Defending cases in litigation that involve the alleged misuse of AI on behalf of clients as it relates to employment decisions, including but not limited to terminations and failure to hire. Counseling clients on contracts with vendors that supply AI for use in employment practices to mitigate risk for clients and ensure compliance with applicable federal, state, and local laws.
• Representing client in connection with a labor arbitration involving alleged breaches of the collective bargaining agreement by company with respect to work performed by employees, related job classifications for the work, and alleged unpaid worktime.  Won case following arbitration hearing obtaining denial of grievance.
• Representing clients in federal court against wage and hour claims by current and former employees, asserting collective and class action status, involving alleged failure to pay for all hours worked, unpaid overtime, misclassification as exempt and other related claims. Successfully obtained dismissal of claims and also resolved claims for less than anticipated defense costs.
• Representing clients in court against employee claims of breach of contract. Successfully defended claims and resolved on terms favorable for clients.
• Counseling clients on, and successfully representing clients in court, on issues involving alleged violations of noncompete agreements and thefts of trade secrets.
• Representing client relating to the EEOC’s investigation of claim by employee that she was unlawfully discharged from her employment based upon her gender. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
• Representing client relating to the EEOC’s investigation of claim by employee that he was unlawfully discharged from his employment based upon his age and race. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
• Representing client relating to the EEOC’s investigation of claim by employee that she was unlawfully discharged from her employment after making complaints of sexual harassment. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
• Representing client before the Ohio Civil Rights Commission (OCRC) in connection with claim by employee that he was unlawfully discharged based upon his age. Successfully defended client in front of OCRC where after investigation, OCRC dismissed complaint.
• Providing national strategic advice to clients in an effort to minimize future related issues with alleged safety and health compliance with OSHA, intended to also reduce injuries and improve relations with government regulators, employees, unions (as applicable), public media (as applicable) and overall business operations.
• Representing client relating to OSHA’s investigation of claim by employee that he was unlawfully discharged from his employment for making claim of a safety issue to OSHA. Successfully defended client in front of OSHA where after investigation, OSHA dismissed complaint.
• Representing client relating to OSHA’s investigation of claim by employee that he was unlawfully discharged from his employment for participating in an OSHA investigation. Successfully defended client in front of OSHA where after investigation, OSHA dismissed complaint.
• Representing client relating to OSHA’s investigation of unanticipated collapse of a multilevel parking garage during construction resulting in multiple injuries. Client was responsible for building garage. After investigation, OSHA made no finding that client violated an OSHA standard causing collapse.
• Representing client relating to OSHA’s investigation of unanticipated collapse of a multilevel parking garage during construction. Client was involved with inspecting the processes relating to building this garage, preceding the collapse. After investigation, OSHA made no finding that client violated an OSHA standard causing collapse.
• Representing client relating to OSHA’s investigation of an unanticipated collapse of a bridge over an interstate highway during its demolition resulting in fatality and other injuries. After investigation, OSHA made no finding that client violated an OSHA standard causing collapse.
• Representing client relating to OSHA’s investigation of incident resulting in electrocution of worker while working around power transmission machinery. After litigation before the Occupational Safety and Health Review Commission, OSHA made no finding that client violated an OSHA standard causing electrocution.
• Representing clients in connection with the defense of alleged claims of employer intentional tort, contractor negligence claims, environmental and toxic torts, wrongful death and other serious injury claims in courts in connection with employee and contractor fatalities and/or serious injuries on job sites and elsewhere. Won cases on summary judgment.
• Representing client relating to claim of employer intentional tort in court that alleged wrongful death relating to a 23-ton steel coil dropping from a crane’s lifting device resulting in a fatality to employee. Won case on motion for summary judgment.
• Representing client relating to claim of employer intentional tort in court involving the employee’s development of cardiac issues and need for heart transplant from alleged work-place exposures to toxic chemicals. Won case on motion for summary judgment.
• Representing client against state agency in court over issue involving appropriate state unemployment tax rates after reorganization of company into multiple corporate entities. Won case on judgment.
• Representing client before state agency over issues involving alleged underpayment of state unemployment taxes. Won following hearing before state administrative agency law judge.
• Counseling clients on, and successfully defending, claims of alleged employee injuries and related extent of disability issues in connection with workers’ compensation claims before state agencies and in courts.

Business Litigation

• Representing clients before courts on breach of contract, tortious interference, fraud, and other business law claims.
• Representing client in federal court challenging program utilized by government entity to deny client an award of a construction contract. Won on summary judgment.
• Representing client before American Arbitration Association on claim of breach of contract relating to distribution agreement, including allegations involving breach of contract, fraud, breach of duty of good faith and fair dealing, tortious interference with contractual and/or business relationships, promissory estoppel, and unjust enrichment. Case resolved on terms favorable for client.
• Representing client on issues relating to alleged breach of intellectual property rights and distribution agreement subject to American Arbitration Association.
• Representing client before civil rights commission as relating to allegations of disability discrimination by reason of alleged failure to comply with state and federal law concerning handicap accessibility. Following hearing before civil rights commission, won judgment for client.
• Representing client in connection with claims that it violated the on Federal Telephone Consumer Protection Act, related state telemarketing act, consumer sales practice act, and invasion of privacy claims in federal court.
• Representing client in court in connection with claim that it is liable for damages under theory of product liability. Won on summary judgment.
• Representing client on claim of breach of contract against other partial owners of movie theatre chain in court, recovering full amount alleged to be owed, plus attorney fees and interest. Won on summary judgment.
• Representing client on breach of contract claim filed by construction contractor against client in court. Won on dismissal.
• Counseling clients on, and successfully litigating, issues relating to insurance coverage for liability claims. Successfully defending numerous cases subject to insurance coverage.
• Representing clients against claims of toxic tort. Won cases on summary judgment.
• Representing clients in connection with claims of breach of real estate agreements with associated claims for damages. Won cases at trial.
• Representing clients in connection with claims involving alleged intentional tort, negligence, premises liability, and other general liability theories in both court and before arbitrators. Won cases on summary judgment, following trial, and arbitration hearings.
• Representing clients in connection with issues involving government contracts, related compliance and alleged breaches.

Life Sciences

• Representing clients in connection with meeting regulatory compliance obligations for distribution and sales of life science products and services throughout United States, Europe, South Korea and other parts of Asia. This includes pharmaceutical, non-pharmaceutical, cosmetics, diets, bedding, among other products.
• Assisting clients in connection with growing business through negotiating, drafting, and securing contracts, products, and services with related protections of rights and meeting legal compliance obligations.
• Counseling clients on, and litigating issues relating to, development and distribution of laboratory animals and related products both in the United States and internationally. This includes assisting clients with obtaining trademarks, negotiating distribution agreements, technical transfer agreements, addressing and protecting patent rights, and application of international law.
• Counseling clients on issues relating to intellectual property and distribution rights for various life science products considering United States and international laws. These clients include companies and government agencies in the United States, Europe, South Korea and other parts of Asia.

International

• Counseling clients on the labor provisions of the United States-Mexico-Canada Agreement (USMCA) and related enforcement mechanisms, including but not limited to potential litigation avenues to ensure compliance by competitors as applicable.
• Representing clients, with operations around the world, in connection with their business relationships in the United States including distribution and other contractual agreements.
• Advising clients on global considerations, when considering employment policies implemented in the United States.
• Representing clients, based around the world, in connection with litigation matters in the United States.