$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.
Acquisition of Franchise Restaurants
Represented a private investment firm in its acquisition of franchise restaurant outlets across multiples states. Handled the acquisition agreement and other operative documents, due diligence, franchise documentation and licensing.
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.
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