Experience

Successfully Resolved Matter for Company in OSHA Severe Violator Enforcement Program

Defended company placed in OSHA Severe Violator Enforcement Program (SVEP) involving combustible dust explosion and serious injuries. The case was settled with no willful violations and the company was removed from SVEP.

1st Circuit Win in Multimillion-Dollar Lawsuit Over Executive Bonus Agreement

Obtained favorable 1st Circuit ruling upholding summary judgment win against former biotech executive’s claim seeking $2.1 million in stock for breach of implied covenant of good faith and fair dealing in connection with executive’s termination before his achievement of the milestones on which the stock grants were premised.

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.

Dismissal of Claim for Unpaid Commissions

Successfully obtained dismissal of a former employee's claim for unpaid sales commissions in St. Louis County Circuit Court.

Resolution of Fraud, Wrongful Termination, Other Claims

Obtained a favorable result in a jury trial in the United States District Court for the Western District of Missouri on behalf of an international corporation that had been sued by a number of former employees for fraud, wrongful termination in violation of public policy, and a number of other tort claims. After trial, the remaining claims settled for a small fraction of the settlement demand, saving the client hundreds of thousands of dollars.

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.

Summary Judgment, Dismissal of ‘Bet the Business’ Class Action Claims

Achieved motion for summary judgment and a dismissal of plaintiffs’ claims with prejudice in a “bet the business” class action brought by representatives of 200 former employees of a client in St. Louis County Circuit Court. The former employees sought sales commissions allegedly due and owing and millions of dollars in statutory penalties.

Representation in Class Action Involving Biometric Information Privacy Act

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

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.

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 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.

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.

Preliminary Injunction in Discrimination Investigation Matter

Obtained a preliminary injunction order in federal court enjoining the Missouri Commission on Human Rights from investigating allegations of discrimination filed against client.

Citations Vacated for Client in OSHA Evidentiary Hearing

Defended company in OSHA evidentiary hearing in which company asserted that installation of wood trusses constituted steel erection. Administrative Law Judge agreed and vacated the citations.

Defended Client in Waste Regulation Action Affirmed on Appeal

Defended client in an action against the Missouri Air Conservation Commission. The judge invalidated Missouri medical waste, industrial waste and sewage sludge incinerator regulations in the first of the “no stricter than” cases brought under the Missouri Clean Air Act. The decision was affirmed on appeal by the Missouri Court of Appeals.

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. 

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.

Partial Summary Judgment in FLSA Misclassification Action

Obtained partial summary judgment on behalf of a client in a Fair Labor Standards Act (FLSA) misclassification collective action, reducing the potential scope of class and the client's potential exposure by over 90%.

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.

No Negligence in MSHA Fatality

Persuaded MSHA to make a determination of no negligence in a mine fatality in which an employee became pinned inside a piece of equipment.

Defeated Manufacturer's Attempt to Obtain TRO Enforcing Noncompete

Defeated manufacturer’s attempt to obtain a temporary restraining order (TRO) in U.S. District Court for the Eastern District of Missouri enforcing a noncompete agreement against a former plant manager. This resulted in a complete victory for the plant manager, allowing him to work for his new employer in the same industry.

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.

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.

Defeated OFCCP in Wage Discrimination Case

Successfully represented technology company in Office of Federal Contract Compliance Programs (OFCCP) wage discrimination case.

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.

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.

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.

Obtained Arbitration Judgment in Excess of $7 Million, Upheld by VA Supreme Court

Obtained arbitration judgment in excess of $7 million on behalf of IT services company, after the defendants wrongfully terminated a contract with our client and conspired with former employees of our client to divert a multimillion-dollar government contract.  Successfully represented our client before the Virginia courts in proceedings to vacate the arbitrators’ award, which was ultimately upheld by the Virginia Supreme Court.

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.

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.

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Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
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Boston, Massachusetts
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
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Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
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Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
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Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
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Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
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Kansas City, Missouri
Las Vegas, NV
1980 Festival Plaza Drive, Suite 750
One Summerlin
Las Vegas, NV 89135
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Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
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Miami, FL
355 Alhambra Circle
Suite 1250
Coral Gables, FL 33134
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New York, NY
7 Times Square, 44th Floor
New York, NY 10036
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Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
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Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
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Princeton, New Jersey
Salt Lake City, UT
201 South Main Street
Suite 750
Salt Lake City, UT 84111
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St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
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Washington, D.C.
1050 Connecticut Avenue NW
Suite 500
Washington, DC 20036
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Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
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Wilmington, Delaware