Representative Experience

Successfully represented global electronics company against former employee who stole trade secrets pertaining to a highly successful product line. All information was returned with defendants agreeing to permanent injunction.

Represented restaurant chain in wage and hour class action involving 3,000 class members. After four weeks of trial, obtained favorable settlement immediately prior to the close of plaintiffs’ case.

Represented large California employer in responding to DFEH Directors’ complaints investigating alleged classwide failures to comply with the state medical leave act and disability antidiscrimination laws, with the agency abandoning classwide claims.

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  • Employment Advice and Counseling
    • Regularly counseling companies with respect to accommodation requests for employees with disabilities while addressing the impact on the business.
    • Advising on the proper classification of workers (exempt and nonexempt) and independent contractors.
    • Counseling companies on the drafting of enforceable nonsolicitation and noncompetition agreements as well as the defense and enforcement of claims relating to these types of agreements.
    • Working with companies in responding to audits by state and federal agencies with respect to the classification of workers and defending companies in any litigation raising misclassification claims.           
    • Advising companies on their social media policies including the data security, discrimination and privacy risks associated with bring your own device (BYOD) policies.
    • Advising boards with respect to employment decisions involving the chief executive officer including the hiring and retention as well as any board initiated departures of current CEOs.
    • Regularly guiding government contractors through OFCCP audits and providing advice on affirmative action and other applicable requirements.
    • Reviewed the marketing function of a large UK-based retailer with a view to achieving efficiencies in terms of restructuring the employment arrangements and moving to a third-party management structure.
    • Advised pharmaceutical company on the acquisition of a competitor with employees in UK, France and Germany; realigned workforce, including relocations and transfers of employment under the TUPE Regulations.
    • Advised a large national retailer on restructuring its business in preparation for sale, advised on the implications of the TUPE Regulations, redundancies, changes in roles and managing the transitional process.
  • Unfair Competition and Trade Secrets
    • Defended genetic information company against allegations that it “stole” plaintiff’s employees to use its trade secrets to develop competing services and products. Matter dismissed for lack of personal jurisdiction.
    • Defended financial institution and certain of its employees against allegations that defendants illegally raided a local bank by hiring several of its employees and stealing trade secrets.
    • Represented a defense contractor in a six-week trade secrets trial alleging that a former executive misappropriated trade secrets involving 3-D imaging technology.
    • Represented employees of a semiconductor company in binding arbitration involving allegations that two of its employees violated a covenant not to compete arising from the sale of a business.
    • Assisted defense contractor in filing a lawsuit arising from defendant’s termination of a teaming agreement in the electronic warfare systems area, and the misappropriation of trade secrets and proprietary information.
    • Represented an online retailer in claims against a former manager who raided the company of its information technology employees for the benefit of his new employer.
  • Wage and Hour Disputes
    • Defended two companies, alleged to be joint employers, against class wage and hour claims including off-the-clock time, missed meal and rest breaks, and unpaid overtime. Settled with the named plaintiff on an individual basis and dismissal of all class and collective action claims.
    • Represented a restaurant chain in a putative class action alleging violations of meal and rest break requirements, improper deductions from wages, inadequate wage statements and other claims.
    • Represented a telecommunications company in a putative class action alleging failure to reimburse for business expenses. Denial of class certification was upheld on appeal.
    • Represented home health care company in four separate, but related, actions involving off-the-clock work and missed and/or late meal and rest breaks. Negotiated consolidated settlement of all cases.
    • Represented manufacturing company in a wage and hour PAGA-only representative action. Settlement was approved after the court requested additional guidance on novel legal issues presented by the PAGA-only claims.
    • Represented financial services firm in FSLA class action brought by former employees who sought to certify a nationwide collective action challenging the exempt status of thousands of financial advisers.
  • Workplace Privacy and Data Security
    • Represented hotel in class action alleging corporate ID badges were embedded with a barcode that contained employees’ social security numbers, which put employees at risk for identity theft.
    • Represented several employers in responding to the mistaken transmission of W-2 data to third parties in response to spoofed emails. Thieves used this information to collect fraudulent tax refunds.
    • Represented a global pharmaceutical company in connection with harmonizing the privacy polices relating to the collection and use of employee information in more than 40 countries.
    • Represented a telecommunications company in class actions claiming invasion of privacy and violations of state and federal wiretapping statutes involving an alleged conspiracy implicating several employees and a private investigator.
  • Whistleblower and Internal Investigations
    • Conducted internal investigation for national bank arising out of allegations of discrimination and inadequate compensation contained in a draft FINRA Statement of Claim submitted to legal department by former employee.
    • Represented restaurant chain in the termination of senior officer who was caught embezzling and taking other actions in contravention of his duties as corporate officer, director and trustee.
    • Represented a global trading and investment company in a whistleblower investigation involving allegations that the general counsel violated internal compliance policies and federal criminal law.
    • Handled a variety of Title IX matters from investigating individual student complaints to handling a class action audit by the Office of Civil Rights (OCR).
  • Discrimination, Harassment & Retaliation Claims
    • Represented academic medical center in employment discrimination and retaliation action involving former associate professor who claimed that due to her race and gender her appointment was not renewed.
    • Obtained judgment in favor of retail defendant following a high-profile disability discrimination and retaliation arbitration in North Carolina. Secured voluntary dismissal of plaintiff’s four other claims with various administrative agencies.

    • Defended a large retail store against allegations of sexual harassment, assault and battery, sex discrimination and retaliation brought by a former store manager. Negotiated a positive settlement on the eve of trial.

    • Won summary judgment for global law firm in a case alleging discrimination and retaliation under the Americans with Disabilities Act, Title VII, FMLA and ERISA. Affirmed on appeal.
    • Represented leading manufacturer of airplanes against a claim filed by a former employee with the Department of Labor alleging that he was fired in retaliation for making safety complaints.
    • Defended oil and gas company in jury trial where manager claimed he had been defamed by other employees knowledgeable about an internal company investigation and advised regarding subsequent termination of employment.
    • Represented publicly traded REIT sued by the Department of Justice for race discrimination. After more than 50 depositions, prevailed on summary judgment and secured an extremely favorable settlement.

Practice Area Highlights

BTI has placed Pillsbury in its “Awesome Opponents” tier of “highly regarded and fierce litigators.” The ranking was based on a survey of more than 300 general counsels and in-house lawyers.

Attained national, Tier 1 team recognition from 2017 U.S. News & World Report/Best Lawyers for Employee Benefits, as well as Tier 1 Employee Benefits honors in New York City and Washington, DC. The practice also earned Tier 1 status for Labor & Employment Litigation in Washington.