Representative Experience

Representative Class Actions

  • Defense of a national bank in a putative class action alleging that the bank violated New York law by refusing to hire applicants based on their criminal history. After oral argument, the federal court (E.D.N.Y.) granted the bank’s motion to dismiss, ruling that Section 19 of the Federal Deposit Insurance Act authorized the bank’s actions.
  • Defense of a national telecommunications company on appeal against class action claims alleging that the company forfeited all white-collar overtime exemptions by implementing several reduced workweeks with commensurate reductions in salary. An Illinois appellate court affirmed the bench trial judgment that dismissed all claims.
  • Defense of a national staffing services company in a putative class action alleging that the company’s vacation pay policy resulted in a forfeiture of earned vacation pay in violation of California law. The federal court (S.D. Cal.) granted the company’s motion for summary judgment. The plaintiff appealed and subsequently agreed to very favorable settlement terms.

Representative Trade Secrets and Restrictive Covenants Cases

  • Defense of a 3D printer and CAD software reseller and its new employee against a competitor’s attempt to enforce a non-competition covenant. After a three-day preliminary injunction hearing focusing on the competitor’s allegations that its business information was a trade secret, the federal court (N.D. Ill.) refused to enforce the non-competition covenant.
  • Defense of a health care industry e-learning company and its new employee against trade secret claims alleging that the employee downloaded and used his former employer’s client information. After a multi-day preliminary injunction hearing focused on forensic computer expert testimony, the federal court (N.D. Ill.) denied all relief, and the plaintiff voluntarily dismissed the case.
  • Representation of a leading ethnic beauty products manufacturer in the prosecution of trade secret and breach of non-compete claims against a former research chemist. After a five-day preliminary injunction hearing focused on expert chemist testimony, the state court in Cook County, Illinois, enjoined the defendant from working for a competitor.
  • Representation of a Fortune 100 financial services company alleging trade secret misappropriation, breach of a non-compete, and employee raiding claims against a competitor. After four weeks of hearing testimony, a FINRA arbitration panel found for the company and awarded $20 million in combined damages and punitive damages.

Employment Matters

  • Defense of a national staffing services company against Title VII race discrimination and FLSA retaliation claims. The federal court (S.D. Tex.) granted the company’s motion for summary judgment. The plaintiff appealed, and the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment.
  • Defense of a national insurance company against federal and state age discrimination claims asserted by a former in-house counsel. The federal court (D. N.J.) granted the company’s motion for summary judgment. The plaintiff appealed, and the Third Circuit affirmed summary judgment.
  • Defense of an international manufacturing company against an FMLA termination claim. After oral argument, the federal court (C.D. Ill.) granted the company’s motion for summary judgment and awarded costs against the plaintiff.