Experience

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.

Counsel to Multiple Fortune 500 Companies on Noncompete, Trade Secret Matters

Provided regular national noncompete and trade secret counsel to multiple Fortune 500 corporations across industries. Provide risk assessment in the hiring of employees from competitors, enforcement of restrictions against departing employees, and implementation of policies and procedures related to noncompetes and protection of confidential information.

Dismissal of Multi-State Unpaid Overtime Class Action Claims

Obtained dismissal of numerous state law class action claims based on lack of standing in a multi-state unpaid overtime lawsuit in the United States District Court for the District of Colorado, resulting in a substantial reduction in the potential size of the class and, accordingly, substantially reducing the company's potential exposure.

Enjoined Misappropriation of Trade Secrets for Specialty Food Manufacturer

Successfully enjoined misappropriation of trade secrets in the Circuit Court of Madison County, Illinois, for a major specialty food manufacturer, and obtained a consent judgment prohibiting the solicitation of major customers for a significant period, although the former high-level employees did not have employment agreements.

Obtained TRO for Major Grocery Chain in Noncompete Case

Obtained temporary restraining order (TRO) and consent permanent injunction against a former employee of a major grocery chain enforcing a noncompete agreement and requiring return and destruction of documents.

Representation in Class Action Involving Biometric Information Privacy Act

Represented corporate client in employment- related class action involving the Illinois Biometric Information Privacy Act.

Representation of Labor Union Against Various Claims

Represented a labor union in connection with allegations of defamation, intentional infliction of emotional distress and related business torts.

Successful Enforcement of Agreements Against Former Staffing Firm Employees

Successfully pursued and enforced multiple confidentiality and customer nonsolicitation agreements, along with computer tampering claims in courts in Missouri, Illinois and Iowa, against former employees of national Fortune 500 staffing firm.

Summary Judgment for Client Over Retaliation, Section 1981 Claims

Obtained summary judgment in the Eastern District of Missouri for a Fortune 100 client in a lawsuit alleging retaliation and Section 1981 claims. A former high-level manager claimed he was demoted due to racial discrimination. We were able to present evidence showing the demotion was the result of ongoing performance issues.

Summary Judgment in $850,000 Employment Contract Dispute

Obtained summary judgment in Missouri state court on behalf of an employer in the Health Care and Life Sciences field. A former employee had sought over $850,000 in alleged unpaid bonuses.

Resolution of Employee Complaint to State Labor Commissioner

Resolved an employee complaint for a client with the Office of the Nevada Labor Commissioner, in which an employee alleged violations of multiple crucial state employee statutes. The office closed the file on the complaint in less than 48 hours after receiving our response.

Defense, Resolution of Class Action Lawsuits under Fair Credit Reporting Act

Successfully defended and resolved a number of class action lawsuits against major corporations brought under the Fair Credit Reporting Act (FCRA) for alleged violations of the provisions of the FCRA applicable to employment background checks.

Dismissal of Wrongful Termination Suit for University

Obtained dismissal of lawsuit brought in the U.S. District Court for the Eastern District of Missouri by the former employee of a university, who claimed wrongful termination in violation of the Americans with Disabilities Act and Missouri Human Rights Act.

Favorable Result for Company Cited in Violation of OSHA Silica PEL

Defended company that received citation alleging exceedance of OSHA’s silica PEL.  Convinced OSHA the sample results were invalid, resulting in withdrawal of citation.

Favorable Ruling for University Granting 11th Amendment Immunity

Obtained favorable ruling in U.S. District Court for the Eastern District of Missouri granting employer 11th Amendment Immunity from future litigations.

Secured Withdrawal of OSHA Citations for Manufacturing Client

Defended company that received two willful citations under OSHA lead standard when manufacturing with leaded brass.  OSHA withdrew both willful citations.

Secured Withdrawal of OSHA Citations Relating to Hexavalent Chrome Standard

Defended company that received 14 citations under OSHA's hexavalent chrome standard, including alleged exceedance of PEL. OSHA withdrew 12 of 14 citations.

Enforced Arbitration Agreement for Securities Company

Successfully enforced an arbitration agreement against a current employee of a large securities brokerage company in St. Louis County Circuit Court, resulting in withdrawal of the employee’s attorney and dismissal of the employee’s claims.