Advised on Overseas Employment and Intra-Transfers
Advised overseas parent company and their U.K. subsidiaries in connection with the employment of new employees from overseas or intra-transferees.
Defense of Global Oil and Gas Company Facing Employment Discrimination Claims
Defended global oil and gas company against claims of discrimination and retaliation stemming from its Utah refinery operations.
Defending Employment Tribunal Claim for Whistleblowing
Assisted a global technology provider with defending an employment tribunal claim for automatic unfair dismissal and wrongful dismissal. The facts of the case were complicated and spanned across several years, with the claimant seeking losses in excess of £350,000. The claim settled for a fraction of the compensation sought.
Advising Retailer on Large-Scale Restructure
Assisted an international retailer on a large-scale restructure involving over 70 redundancies across various sites in England. The restructure successfully completed ahead of schedule, with no follow-up proceedings issued in the employment tribunal.
Advising School on Complex Disciplinary Proceedings
Advised a school on managing a disciplinary process for an employee with serious conduct and performance issues. The work included advising on the investigation and disciplinary process (including the employee’s suspension), drafting documents and assisting with settlement discussions.
Advising Private Individual on Discrimination
Advised an employee on discrimination on the grounds of pregnancy and maternity leave. Successfully negotiated and secured a settlement package which exceeded the client’s expectations, together with a suitable reference that enabled the client to seek alternative employment.
Advised a National Corporate in Bringing High Court Injunction Proceedings
Advised a national corporate in bringing High Court injunction proceedings to prevent an employee from commencing work for a competitor, in breach of restrictive covenants contained in their employment contract. The High Court issued an interim injunction and costs order in our client’s favour, preventing the employee from working for a competitor and recovering a sum towards legal costs. After the interim injunction order, we successfully negotiated a favourable settlement for our client.
Advised Leading U.K. Food Manufacturer in Relation to Chief Executive’s Exit
Advised a leading U.K. food manufacturer/supplier in relation to the exit of the company’s Chief Executive Officer. This was a particularly complicated, high-risk and high-value termination, given the seniority of the employee involved.
Advised a Recruitment Business on TUPE Transfer Process
Advised a recruitment business on the TUPE transfer process, where over 30 staff were transferred into its business. As a result of careful planning and working closely with the client, the process ran smoothly with successful integration of the staff into the client’s business.
Advised a Leading International IT Services Provider in Defending Employment Tribunal Claims
Advised a leading IT services provider in defending an Employment Tribunal claims brought by ex-employees for unfair dismissal (by reason of whistleblowing), as well as for race discrimination.
Advised a Well-Known National Retailer on a Restructuring Project
Advised a well-known national retailer on a redundancy and restructuring project at their head office and multiple retail outlets, involving collective and individual consultation processes.
$3.5 Million Allowed Claim Against Debtor Estate in Whistleblower/Wrongful Termination Action
Counsel for a former employee in a whistleblower/wrongful termination action in a Chapter 11 bankruptcy case, which resulted in a $3.5 million allowed claim against the debtor’s estate.
Dismissal from a Putative Class Action Lawsuit
Secured dismissal from a putative class action in the Eastern District of New York for the client, an au pair organization. The plaintiff asserted minimum wage and overtime violations of the Fair Labor Standards Act, the New York Labor Law, and the wage and hour laws of all other states; and sought to represent a nationwide FLSA collective action and a nationwide state wage-and-hour law class action. After moving to compel arbitration or dismiss, the plaintiff dismissed the client from the lawsuit.
Summary Judgment for Defendant in FLSA Worker Misclassification Case
Secured summary judgment in a Fair Labor Standards Act case, in U.S. District Court for the District of Colorado. The plaintiff asserted FLSA misclassification, retaliation and common law invasion of privacy claims. The court granted the defendant’s motion for summary judgment and denied the plaintiff’s cross motion for summary judgment with prejudice.
Outside General Counsel to Nonprofits Across a Wide Range of Legal Needs
Counsel to various nonprofits, including service as a general counsel to a national nonprofit trade group, in all aspects of operations, including employment (volunteer and employee handbook), governance, and leading the wind-down under state law of two large nonprofits after a crisis resulted in insolvency.
$1 Million-Plus in Tax Liability Avoided
Secured several releases for employment and tax-related claims against a client. Inaccurate tax advice had led the company’s board of directors to issue options that did not comply with Section 409A of the Internal Revenue Code. We were able to avoid tax liabilities for the client and option holders without triggering IRS action, and obtained release agreements from all option holders.
Defense Verdict Regarding Unpaid Overtime Allegations
Secured a defense verdict in a Jackson County, Missouri, jury trial regarding a former employee's allegations of unpaid overtime, in violation of the Missouri Minimum Wage Law.
Decertification of Collective Action, Denial of Class Certification, Partial Summary Judgment in Overtime Misclassification Complaint
Secured collective action decertification and denial of class certification for a client in U.S. District Court for the Eastern District of Missouri, regarding a complaint in which current and former employees asserted overtime claims based on alleged misclassification as exempt employees under the Fair Labor Standards Act and under the wage and hour laws of the states of Missouri and Washington.
Defended Fortune 500 Retailer in Gender Discrimination Suit
Successfully defended a Fortune 500 retailer from employment gender discrimination suit filed in the U.S. District Court for the District of Colorado seeking more than $1 million in damages. Won all contested motions in the case and garnered favorable settlement for client.
Defended Company Performing Cleanup at Superfund Site
Defended company who performed $28 million environmental cleanup of PCBs, asbestos and TCE at Superfund site, formerly used for automotive manufacturing, under Administrative Settlement Agreement and Order on Consent. The site is located in a residential area and will be transformed into a recreational facility.
Representation of Higher Education Institution in Development of Training, Reporting Procedures
Represented higher education institution in development of training and reporting procedures related to Title IX sexual assault misconduct policies.
Representation of Manufacturing Company in Soil and Groundwater Cleanups
Represented manufacturing company in soil and multi-plume groundwater cleanups of PCBs and solvents in Missouri. Persuaded EPA to pursue separate source of groundwater contamination. Site is located in close proximity to drinking water wellfield.
Six Citations Vacated for Electrical Equipment Manufacturer
Defended manufacturer of electrical equipment in OSHA evidentiary hearing where issues all involved possible electrocution hazards associated with high voltage equipment. The Administrative Law Judge vacated all six citations that were issued.
Successful Outcome in Cases Related to Misinterpretation, Misapplication of Lockout/Tagout Standard
Defended numerous employers in cases in which OSHA was persuaded that it misinterpreted or misapplied the lockout/tagout standard.
Successfully Defended School District in Termination, Discrimination Suit
Successfully defended school district in a wrongful termination and age discrimination lawsuit.
Defended Health Care Network from Employment Disability Discrimination Claim
Successfully defended network of assisted living and long-term care facilities from employment disability discrimination claim filed with the Colorado Civil Rights Division and the U.S. Equal Employment Opportunity Commission, resulting in favorable settlement for client and resolution of all claims.
Withdrawal of Unfair Labor Practice Charge Against Manufacturer
Successfully defended a pet food company against an unfair labor practice charge filed with the National Labor Relations Board. In filing the charge, a union alleged the client unlawfully disciplined and discharged one of its employees because of his support for the union during its organizing campaign. Following a vigorous defense against the allegation, the union withdrew the charge.
Summary Judgment for Client on Failure to Accommodate Medical Restriction
Obtained summary judgment for client in federal district court on allegations the client had improperly failed to accommodate a medical restriction for an employee. After the summary judgment was reversed on appeal, we petitioned for and obtained a hearing en banc, where the Eighth Circuit vacated the panel’s adverse opinion and affirmed summary judgment in favor of the client.
Summary Judgment for Hospital in FMLA Retaliation Suit
Obtained summary judgment ruling for a hospital in the U.S. District Court for the Eastern District of Missouri. The lawsuit brought by former employer alleged retaliation under the Family and Medical Leave Act.
Dismissal of Race Discrimination Case
Secured summary judgment in a race discrimination case before the U.S. District Court for the District of Kansas. The plaintiff alleged discrimination under Title VII of the Civil Rights Act and sought approximately $300,000 in damages. The court said the plaintiff had not presented evidence to support her claims.
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