Experience

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.

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.

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.

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.

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.

No Willful Violations in Case Involving Availability of Rescue Boat

Defended company in OSHA evidentiary hearing involving facility and availability of rescue boat. The Administrative Law Judge determined violation was not willful.

Favorable Result in FLSA Employee Misclassification Case

Achieved a favorable trial result in the United States District Court for the Western District of Texas on behalf of a client accused of misclassifying a significant portion of its workforce as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) after several years of litigation.

Defense Verdict in Jury Trial for School District

Obtained a defense verdict in a Jackson County, Missouri jury trial in favor of our client, a school district. The plaintiff alleged reverse race discrimination, harassment and retaliation related to his termination as a constructive services department manager. The court entered summary judgment on the harassment and retaliation claims just before trial. The jury returned a unanimous defense verdict on the reverse discrimination claim.

No Negligence in MSHA Mine Fatality

Persuaded MSHA to make a determination of no negligence in a mine fatality in which the employee was struck by equipment being hoisted.

Defended Publicly Traded Company in Cleanup of VOCs, Lead

Represented publicly traded company performing environmental cleanup of VOCs and lead under the Unilateral Administrative Order at a wildlife refugee in Illinois that was a WWII ordnance plant.

Successfully Defended Contractor in Arbitration Against Seven-Figure Claim

Defended general contractor in seven-figure claim brought by an asbestos contractor in arbitration. Arbitrator’s award to asbestos contractor was 5% of the amount sought and was less than the general contractor had offered in settlement.

Reduced Penalties for Dairy Farm in Fatalities Following OSHA SVEP Placement

Defended dairy farm in two separate fatality cases that resulted in repeat OSHA citations and placement on OSHA Severe Violator Enforcement Program (SVEP). At conclusion of negotiation, company was removed from SVEP and penalties were cut by 75%.

Summary Judgment in Employment Discrimination Case

Secured summary judgment in the Circuit Court of Cape Girardeau County, Missouri, for a university client in a heavily contested employment discrimination case. A former university coach claimed she was discriminated against based on gender stereotyping and implicit bias. Following numerous depositions and testimony from expert witnesses on both sides, the Court granted summary judgment for the university on all counts.

Obtained Favorable Ruling on Enforceability of Client’s Noncompete Agreement

Represented employer on motion for preliminary injunction concerning enforceability of noncompete agreement. Drafted opposition to employee’s motion, resulting in order finding that employee’s subsequent job would violate noncompete agreement with client employer.

Investigated, Counseled and Presented on Topics Related to Title IX

Conducted investigations concerning alleged violations of Title IX. Assisted in drafting, revising and advising on Title IX policies, and presented trainings to prepare higher education staff to conduct Title IX investigations.

Summary Judgment on Judicial Estoppel Grounds in Discrimination, Retaliation Case

Obtained summary judgment in the Circuit Court of Jackson County, Missouri, on judicial estoppel grounds to prevent a client’s former employee from proceeding with claims of discrimination and retaliation under the Missouri Human Rights Act. We persuaded the court that the plaintiff's failure to disclose the underlying charges of discrimination during his earlier Chapter 13 bankruptcy action constituted an inconsistent statement that prevented him from asserting such claims going forward.