Experience

Obtained Defense Verdict in Four-Week Federal Jury Trial

Obtained a defense verdict following a four-week federal jury trial concerning claims of sexual harassment and gender discrimination against a printing equipment manufacturer.

Negotiated Plant Closure Agreement and Relocation of Union-Represented Manufacturing Facility

Negotiated a plant closure agreement regarding the relocation of a union-represented manufacturing facility to a non-union manufacturing facility in another state.

No Willful Violations for Publicly Traded Company

Defended publicly traded company in a two-week OSHA evidentiary hearing involving multiple alleged willful violations at a meat plant. At the conclusion of the hearing, the Administrative Law Judge determined there were no willful violations.

Successful Resolution in Noncompete Dispute

Following the grant of a motion for a preliminary injunction, successfully negotiated a resolution of a noncompetition dispute barring Plaintiff’s hire by a competitive entity.

Summary Judgment for Biopharmaceutical Company on Wage Law Claim

Represented biopharmaceutical client in defending against complaint by former employee alleging violation of Massachusetts Wage Act and breach of contract. Briefed and argued motion for summary judgment, resulting in judgment for client on all counts.

Defended Magnesium Recycler in EPA Cost Recovery Action

Defended magnesium recycler in EPA cost recovery action in Pennsylvania including negotiating consent decree and private party allocation.

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.

Defense of Appeal of Unemployment Benefits Determination

Represented employer against complaint seeking judicial review of decision denying unemployment benefits. Drafted and argued appeal, resulting in judgment affirming underlying denial.

Negotiated Successor CBAs for Two Unions

Negotiated initial and successor collective bargaining agreements with two unions representing production employees at a newly constructed railroad car assembly plant.

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.

Finding of Lack of Probable Cause on Discrimination Claim Affirmed on Appeal

Represented hotel in preliminary hearing on appeal of claim alleging retaliation and discrimination based on sex, race, and color. Massachusetts Commission Against Discrimination affirmed determination of lack of probable cause.

Favorable Settlement of Religious Discrimination Claim

Represented employer against administrative charge alleging discrimination based on religion. Negotiated favorable settlement for client.

No Prosecution for Client in Multiple Fatality Case Referred to the U.S. Attorney

Defended a company in a multiple fatality case that resulted in an OSHA referral to the U.S. Attorney for prosecution. After meeting with the U.S. Attorney, no prosecution resulted.

Scope of Massachusetts Workers Compensation Act’s Exclusivity Provision

In a case of first impression, successfully represented a food production facility before the trial and appeals courts, which both held that the exclusivity provision of the Massachusetts Workers Compensation Act barred the employee of a staffing company, who was injured performing services for our client, from suing our client.

Citations Vacated for Client in Fatality Involving Construction Crane

Defended company in an OSHA evidentiary hearing involving a fatality on a crane. At the conclusion of the hearing, the Administrative Law Judge vacated all citations.

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.

Multimillion-Dollar Settlement for Executive in Wage and Commission Litigation

Successfully represented a corporate executive in a federal court litigation concerning wage and commission payments which, following initial motion practice, resulted in a $2.4 million settlement for our client.

Successfully Resolved EEOC Class Action

Successfully represented IT services company in class action lawsuit filed by the Equal Employment Opportunity Commission (EEOC).

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.

Multimillion-Dollar Settlement for Publicly Traded Railroad Facing Environmental Claims

Obtained multimillion-dollar settlement for a publicly traded railroad in environmental claims involving diesel fuel and PCB spills, and numerous signal battery disposal sites against predecessor in interest.

Successfully Defended Used Oil Recycler Following Alleged Sale of Contaminated Oil

Defended used oil recycler in sale of alleged contaminated oil to customer. Jury awarded recycler all costs for unpaid shipments of oil, and awarded $3,000 to customer after four-day trial.

Obtained Injunction Enforcing Nonsolicitation Agreement

Represented staffing company in enforcing a nonsolicitation agreement that prevented former employees, who started a competing business, from diverting multimillion-dollar contract to their new business.