Class, Collective Action and Complex Litigation

• Represents a nationwide retailer in statewide and nationwide wage and hour litigations.
• Represents a beverage manufacturer in a wage and hour lawsuit alleging off-the-clock work.
• Defended a financial services firm in a nationwide collective action challenging the independent contractor status of sales professionals.
• Represents a chemical manufacturer in collective bargaining arbitrations.
• Represents a large insurance company in lawsuits involving claims by independent contractor agents.
• Defeated collective action status on behalf of a sporting goods retailer in defense of collective action claims.
• Defended a construction company in a gender discrimination and retaliation lawsuit.
• Defended a consulting company against retaliation claims involving alleged complaints of discrimination.
• Represents numerous clients in federal and state occupational safety and health regulatory investigations and citation actions, including high-profile, “mega-fine” cases and criminal investigations, as well as advice-related matters.
• Represented a company and its founder in a dispute with an executive over the ownership interest in key division.

Restrictive Covenant Litigation and Disputes

• Represented a national retailer in lawsuit against a former executive for violation of a non-solicitation agreement.
• Represented a large cosmetics company in the successful hiring of a Chief Human Resources Officer (CHRO) from a main competitor despite the CHRO’s restrictive covenants.
• Defeated a motion for preliminary injunction by a hedge fund modeler seeking to start his own fund in competition with our client.
• Represented a national construction contractor in defeating a motion for a temporary restraining order (TRO) and preliminary injunction in the hiring of an executive from competitor.
• Successfully defended a national home improvement retailer on claims that it improperly poached employees from a competitor.
• Represented a defense contractor in the hiring of employees subject to non-competition restrictions from a competitor.
• Represented an energy contractor in a declaratory judgment action concerning a non-compete that the competitor sought to enforce; ultimately negotiated a limited application of the non-compete.
• Obtained an injunction blocking a renewable power executive from obtaining employment with a key competitor.
• Represented a retail chain in negotiating a limited application of a non-compete to hire its new Chief Executive Officer (CEO).
• Assisted a global food manufacturer in the successful hiring of chief food scientists from its main competitor, notwithstanding the employees’ non-competition agreement.
• Obtained an injunction blocking a former CEO of a national restaurant company from soliciting employees for a new employer.
• Defeated a motion for a TRO and preliminary injunction seeking to block a construction company from hiring a team from a competitor.
• Represent a global executive recruitment firm in competitive hiring and in enforcing its restrictive covenants with key personnel.
• Successfully negotiated a significant reduction in an investment banker’s non-competition restriction, allowing him to begin prompt employment with a competitor.
• Represent CEOs, corporate executives and companies in drafting, enforcing and seeking to limit application of restrictive covenants.

Advice-Related Matters

• Assists clients with reductions-in-force, employee counseling and separation and general workplace legal compliance issues.
• Assists clients in corporate transactions with labor and employment due diligence, transaction documents, union-management relations issues, employee separation and retention arrangements and other deal-related matters.