Employment

Representative Experience

  • Lead counsel in investigating a series of alleged gender bias claims against certain executives of a regional energy provider, working in tandem with the company’s internal ethics program.
  • Secured additional defense costs coverage for the benefit of an indigent care fund following the filing of multiple, related lawsuits filed by physicians against the wind-down entity holding the fund.
  • Lead counsel securing summary judgment on class representative standing in a nationwide putative class action brought in Pennsylvania under the Fair Credit Reporting Act addressing the sufficiency of disclosures given to applicants for employment.
  • Lead counsel in performing company-wide audits of wage and hour practices, benefits programs and other company human resources practices, focusing on potential waste and inefficiency, in addition to regulatory compliance.
  • Primary outside counsel and national coordinating counsel for several providers of self-insured benefit plans and providers of reference based pricing benefit plans in nationwide litigation, including in California, Kansas, Ohio, Oklahoma, Pennsylvania and Texas.
  • Provide employment-based counsel related to temporary visas (i.e., H-1Bs, Ls, TN, Os) and labor certifications (i.e., PERM) for immigrant petitions.
  • Represent U.S.-based employers in government audits and investigations related to Form I-9 and E-Verify compliance and the hiring of a legal workforce.
  • Lead arbitration counsel securing a complete defense verdict in in favor of a leading, international IT solutions provider against the gender discrimination and retaliation claims brought by a former high-ranking female executive after she was terminated following an internal investigation into allegations that she was engaging in discriminatory hiring practices. Through detailed e-discovery efforts, we discovered evidence proving that the executive was using code words for her hiring preferences – evidence that shattered her credibility.
  • Lead arbitration counsel securing a complete defense verdict at trial in favor of a nationwide employee benefits provider, against breach of contract claims brought by a former sales executive who was seeking over $4 million in damages.
  • Lead counsel in a series of internal investigations of retaliation and Code of Conduct claims brought against various executives of a national energy company.
  • Lead counsel successfully representing a nationwide information service provider in an arbitration brought in Rhode Island seeking to bring the company’s practices within the ambit of the Fair Credit Reporting Act.
  • Lead counsel successfully resolving a portfolio of claims against a consumer reporting agency, the majority of which pre-litigation, including claims in California, Georgia and Texas.
  • Lead counsel for the nation’s leading hospital linen service provider in the multi-phase restructuring of its twenty-plus state workforce, including providing management training, risk analysis, and handling all transactional aspects of the restructuring, including for its union and non-union workforce. No lawsuits were filed by any employees displaced by this restructuring.
  • Lead counsel in conducting a series of comprehensive audits of a national energy company’s human resources, salary and compensation and benefits practices, including developing proactive plans to address issues discovered in the audits and to promote best practices on a going forward basis.
  • Lead counsel for a national supplier of motor fuels in its workforce integration and combination of several businesses, including providing guidance on various changes in control plans, union restructuring and related dispute avoidance.
  • Lead counsel successfully representing an international manufacturer of graphic films secure the recovery of earn out payments and defeat claims in excess of $50 million brought by the former President of one of its divisions following years of litigation and arbitration in California.
  • Lead trial counsel securing a jury verdict in favor of a national pipeline company its defense of an age discrimination lawsuit brought by a senior engineer following his termination, with no resulting appeal. The jury needed less than an hour to deliberate and decide in favor of the company despite the sympathetic plaintiff and millions of dollars at stake.
  • Lead counsel successfully resolving, on very favorable terms, a proposed nationwide putative class action brought in Georgia under the Fair Credit Reporting Act against a company providing payroll agent services under various public health programs.
  • Lead counsel defending a national nursing home company in three company-wide putative actions brought in Pennsylvania and North Carolina under the Fair Labor Standards Act focusing on meal break and related timekeeping practices.
  • Obtained favorable settlement for four former employees of the nation’s largest provider of building HVAC controls, equipment, and services, including successfully moving to dismiss claims based on employee restrictive covenants found by the court to be unenforceable under Georgia law.
  • Advised and assisted national energy distribution company with self-correction under the Internal Revenue Service’s Employee Plans Compliance Resolution System (EPCRS) of an operational failure of its 401(k) plan.
  • Obtained full defense summary judgment on employee’s claims of race discrimination, pay disparity, and retaliation on behalf of specialty foods distributor, which was affirmed on appeal.
  • Represented NIIT in connection with global immigration requirements, including visa and work permit processing; managing the immigration consequences of mergers,acquisitions and compliance.
  • Assisted in representation of Angelica Textile Services Co. in the multi-phase restructuring of its twenty-plus state workforce, including providing management training, risk analysis, and handling all negotiations and transactional aspects of the restructuring, including for its union and non-union workforce. No lawsuits were filed against Angelica by any employees displaced by this restructuring.
  • Assisted in conducting a series of internal investigations of retaliation and Code of Conduct claims brought by several human resources employees against the Vice President of Human Resources of our client following a restructuring the department.
  • Assisted in conducting a series of comprehensive audits of a national energy company’s human resources, salary and compensation and benefits practices, including developing proactive plans to address issues discovered in the audits and to promote best practices on a going forward basis.
  • Advised client in establishing plan governance structure for multiple employee benefit plans, including providing ERISA compliance and fiduciary responsibility advice for plan committee operations.
  • Successfully served as lead counsel for local school board and certain of its employees in action under Americans with Disabilities Act. A judgment was entered in favor of clients after a bench trial. Ellerbee v. Cobb County Public Schools (N.D. Ga.)
  • Represented the Atlanta Committee for the Olympic Games, Inc. in connection with global immigration matters, processing thousands of visas in the areas of broadcasting, IT, culture and the arts, and athletics.
  • Representing a medical practice and real estate development company in the analysis of Stark, federal anti-kickback, state certificate of need rules and corporate practice of medicine rules in conjunction with an analysis of various equity investment options to be made available to physician-investors in a $15 million medical office building and subsequent tenant-based health care service providers (e.g., laboratories, imaging centers).
  • Represented national bank lenders in evaluating the financial viability of numerous leveraged ESOP loans involving sufficiency of loan collateral, borrower guarantees, ERISA due diligence and post-loan borrower structure.
  • Represented NIIT, an India-based technology company, in connection with global immigration requirements, including visa and work processing.
  • Prepared several Responses to Requests for Evidence from the USCIS on nonimmigrant and immigrant visa petitions, resulting in the final approval of those petitions.
  • Processed several visas in categories of B, H, L, E and O as well as labor certification and green card petitions in employment based categories.
  • Provided counsel and strategic advice to the background screening industry on employment and tenant screening issues before the U.S. Congress and multiple federal agencies.