LABOR & EMPLOYMENT

While it may be a cliché, people are your most important resource. How you manage that resource can mean the difference between business success and failure. The depth of our experience and creative problem-solving let us help you achieve practical, cost-effective solutions that help you build and maintain a better workforce.

  • Represented the nation's largest cable television and Internet provider in a ten-day unfair labor practice trial before the NLRB involving allegations brought by the Teamsters Union.
  • Successfully litigated a state court restrictive covenant/raiding claim on behalf of a nationwide private security service company against three former employees and a competitor company resulting in a stipulated six figure judgment and lengthy injunction prohibiting the defendants from competing.
  • Obtained a summary judgment in the United States District Court for the District of New Jersey for a senior care company against two plaintiffs alleging age discrimination.
  • Obtained favorable results for numerous clients in response to administrative charges alleging employment discrimination and retaliation under various state and federal statutes.
  • William E. Hynes v. USAir, Inc., et al., Civil Action No, 95-1086, U.S. District Court for the Western District of Pennsylvania (age, and violations of several common law torts including libel, slander, defamation and negligent infliction of emotional distress).
  • Obtained summary judgment for a national communications company. The former employee alleged that the employer had failed to honor her request for a reasonable accommodation under the Americans with Disabilities Act and then constructively discharged her in retaliation for her request. The former employee also alleged that the employer had retaliated against her by giving a bad reference to her subsequent employer.
  • Successfully defended several clients against claims of employment discrimination.
  • Successfully resolved claims alleging unpaid time worked and overtime.
  • Obtained consensual Temporary Restraining Order and ultimately full, consensual final Order on behalf of an insurance agency prohibiting ex-insurance salesperson and her new employer from soliciting former customers. As part of negotiated settlement, client was reimbursed $140,000 for 100 percent of attorneys fees plus the value of lost clients plus loss of goodwill.
  • Served as national labor counsel to a transportation industry employer, including a wide range of services such as grievances/arbitrations, union election campaigns, sexual harassment training and the successful resolution of nationwide wage and hour law claims.
  • Successfully represented a company in establishing that a government contract was not subject to the Services Contract Act. The primary purpose of the unique contract was to manufacture material (as per the Walsh-Healey Act) and the service aspect of the contract was incidental to that primary purpose.
  • Successfully represented a Delaware school district in one of the first challenges of a state regulation issued under the No Child Left Behind Act in the Delaware Court of Chancery.
  • Authored the prevailing brief in an appeal to the Delaware Supreme Court on behalf of a stevedoring company charged with unemployment liability in conjunction with its implementation of federal security measures.
  • Defended nationwide collective actions involving, among other things, fluctuating workweek method of overtime payment, automatic meal-break deduction policies, allegations of uncompensated pre- and post-shift work related activities, misclassification of exempt employees and compliance with Pennsylvania, New York and California state wage and hour laws.
  • Defended national sports and fitness specialty retailer against a purported nationwide FLSA collection action comprised of a class of non-exempt employees who had allegedly been denied wages under a holiday pay policy. Court granted a Rule 12 motion to dismiss the holiday pay claim.
  • Represented a major broadcasting company in a jury trial in Allegheny County on breach of contract and WPCL claims brought by a former executive, including a victorious argument where the Court granted a compulsory non-suit.
  • Successfully prosecuted, on behalf of a national commercial roofing company in multi-jurisdictional dispute, a claim that its ex-roofing salesman in Georgia had violated post-employment obligations when working for a competitor, resulting in an agreement barring roofing activities in a restricted territory and the solicitation of customers. As part of the settlement, the ex-employee paid $35,000 to reimburse attorneys fees expended on prosecution and agreed to sign a letter to be distributed to current employees admitting he breached his employment agreement, paid significant monetary damages and apologized.
  • Reviewed, updated and drafted new restricted covenants, nondisclosure agreements and trade secret protection policies for a nationwide private security services company, a nationwide pharmaceutical distribution company and a local insurance firm.
  • Counseled clients and drafted policies regarding social media policies and considerations.
  • Assisted with the development of drug and alcohol policies and their interaction with the FMLA.
  • Regis H. Stepp v. FairPoint Communications, Inc., Marianna and Scenery Hill Telephone Company, Terry Stauffer, Michelle Murray & Lori L. Engel, Civil Action No. 06-00576, U.S. District Court for the Western District of Pennsylvania (age, retaliation, hostile work environment).
  • Successfully obtained a temporary restraining order in federal court on behalf of a brokerage firm to enforce confidentiality, non-disclosure and non-solicitation obligations of a former employee.
  • Defended regional transportation company in FLSA collective action alleging wrongful classification of drivers. Case resolved at close of discovery in settlement approved by U.S. District Court for the Western District of Pennsylvania.
  • Defended a global employer in a series of cases alleging a racially hostile work environment.
  • Obtained summary judgment in the United States District Court for the Eastern District of Pennsylvania for a service contractor against a female electrician alleging sex discrimination and retaliation.
  • Defended an independent, public entity from a lawsuit involving Section 1983 and breach of contract claims, including a victorious decision by the district court dismissing the lawsuit and the Third Circuit affirming that decision.
  • Served as primary client contact and counsel to human resources managers, executives, and corporate officers on matters such as employee investigations, personnel actions, reductions in force and contractual post-employment restrictions.
  • Served as the principal author of briefing for appeals before the Fifth Circuit Court of Appeals and the Austin Third Court of Appeals in a lawsuit brought by a former employee alleging discrimination, retaliation, breach of contract, negligent misrepresentation and fraud.
  • Successfully established inventors' ownership in their joint patents against the claims of two international power technology companies. One such company had claimed rights in the patents pursuant to assignments and the other company had claimed rights in the patents pursuant to an employee patent agreement.
  • Obtained summary judgment in the United States District Court for the District of New Jersey for a rail carrier in a jurisdictional and labor dispute under the Railway Labor Act.
  • Won defense verdict in favor of Nike, Inc. following a weeklong jury trial in federal court in case alleging reverse gender discrimination, hostile work environment and retaliation. Jeffrey Paich v. Nike, Inc., Civil Action No. 06-1442, U.S. District Court for the Western District of Pennsylvania.
  • Obtained summary judgment for the defense in an Americans with Disabilities Act (ADA) case involving non-work related injuries suffered in an automobile accident. 2011 WL 2690358 (W.D. Pa.)
  • Defended a religious organization in a FLSA retaliation and wrongful termination case brought by a former employee, including a victorious decision from the Third Circuit to affirm a successful result in the lower court.
  • Blocked conditional certification in proposed nationwide collective action involving satellite television technicians alleging unpaid overtime in automatic meal-break deduction case.
  • Guided a client through the successful acquisition of a large number of employees. Even though the transition necessitated several layoffs, the client was able to avoid any litigation.
  • Obtained summary judgment in the United States District Court for the District of New Jersey for a grocery retailer against a plaintiff alleging race discrimination.
  • Assisted and advised on corporate governance, board committee charters, codes of ethics, director independence matters, stock exchange listing requirements and Sarbanes-Oxley issues.
  • Served as lead attorney in multiple mediations involving employment-related disputes resulting in favorable settlement of claims for clients.
  • Obtained an arbitration award in favor of a satellite television provider against a plaintiff alleging disability discrimination.
  • Defended a significant mutual fund manager in a FLSA collective action and WPCL class action that resulted in a dismissal of the case from federal court.
  • Obtained summary judgment for a national communications company. The former employee alleged that she had been terminated because of her race and gender.
  • Represented rail carriers on labor aspects of transactions subject to approval by the U.S. Surface Transportation Board and in negotiation or arbitration of implementing agreements pursuant to approved transactions.
  • Todd Elliott Koger v. Robert Half International, Robert Half Legal, Aparna Sharma, Civil Action No. 05-0859, U.S. District Court for the Western District of Pennsylvania (race). Plaintiff appealed to the U.S. Court of Appeals for the Third Circuit at No. 07-1746, and the Third Circuit denied the appeal.
  • Defended national mortgage company in nationwide FLSA collective action alleging wrongful classification of loan officers as non-exempt. Case resolved at close of discovery in settlement approved by U.S. District Court for the District of Minnesota.
  • Defended a mortgage company in a FLSA collective action involving hundreds of plaintiffs against claims that the company had misclassified its loans officers.
  • Resolved a disability discrimination claim by developing alternative accommodations for the employee which achieved client efficiencies.
  • Worked closely with internal corporate attorneys regarding issues related to mergers and acquisitions, stock purchase agreements and energy related transactions.
  • Successfully defended a client against a Department of Labor (DOL) Family Medical Leave Act claim.
  • Successfully resolved a claim brought by the DOL, Occupational Safety Health Administration Review Commission, against a client in a manufacturing industry. The client was able to avoid a potential shutdown of operations as well as the imposition of fines and penalties.
  • Defended national insurance company against a purported nationwide FLSA collective action comprised of independent contractor agents alleging they were actually employees of the Company who were due overtime. Through early successful case management, initial discovery was limited to named plaintiff only. Case was dismissed when defendant was awarded summary judgment by proving named plaintiff was an independent contractor and not an employee.
  • Defended a significant mutual fund manager in a NASD arbitration involving breach of contract, defamation, and other various tort claims.
  • Defended a large research and development organization in a national origin and retaliation lawsuit, resulting in a victorious district court decision granting summary judgment and Third Circuit decision affirming summary judgment.
  • Obtained full Temporary Restraining Order on behalf of national sports and fitness specialty retailer following a hearing in federal court enjoining its ex-senior buyer from going to work for a competitor pursuant to the terms of a noncompete agreement.
  • Represented a major Pennsylvania-based roofing company in preventing its former employees from violating a non-solicitation agreement by performing work for its customers, which included an injunction hearing in Allegheny County Court of Common Pleas.
  • Defended a financial service company and a large research and development organization from multiple lawsuits involving ADA-compliance issues.
  • Represented employers in matters governed by "neutrality" and "card check" agreements, including interest arbitration.
  • Authored a submission to a Public Law Board for a national rail carrier resulting in dismissal of the a union's claim for reinstatement of a student locomotive engineer.
  • Asserted breach of fiduciary duty and breach of the duty of loyalty claims to sue a group of former employees who had not signed restrictive covenants. As a result of the lawsuit, the employees agreed not to start a competing business until a certain period of time had passed, and the main defendant paid a substantial sum to cover our client's future losses.
  • Assisted in representation of a national insurance provider in an arbitration proceeding alleging employment discrimination and retaliation by in-house counsel.
  • Obtained defense verdicts in two trials in two different cases brought by female executives alleging gender discrimination in promotion decisions.
  • Obtained both injunctive relief and a damages award on behalf of a major stock brokerage firm in an unfair competition claim litigated in the FINRA arbitration forum.
  • Defended an international recruiting firm in a race discrimination and retaliation lawsuit, resulting in a victorious district court decision granting summary judgment and Third Circuit decision affirming summary judgment.
  • Obtained dismissal in Pennsylvania state court for a supermarket chain in a case alleging wrongful termination and other violations of state law.
  • Conducted training sessions with human resources professionals and employee managers regarding issues ranging from Fair Credit Reporting Act compliance to anti-harassment policies.
  • Obtained a temporary restraining order and preliminary injunction order in federal court to prevent a high-level executive from working for a competitor of a large steel distributor.
  • Obtained comprehensive Temporary Restraining Order and Preliminary Injunction Order on behalf of international secondary steel company following a hearing in federal court enjoining its ex-executive and her new employer from soliciting its customers and other post-employment restrictions.
  • Defended a regional healthcare provider in a qui tam action, initiated by former employees, involving claims under the False Claims Act and various tort claims.
  • Successfully obtained judgment notwithstanding the verdict following a state court trial against a government employer involving employee's claim for breach of alleged employment agreement.
  • Successfully represented medical device company against claims by former employee over ownership and inventor status following sale of device with issues being decided by the Third Circuit Court of Appeals and, after oral argument, by the Federal Circuit Court of Appeals. Ultimately summary judgment was granted on all counts to defendants.
  • Represented a Pennsylvania-based manufacturer in preventing its former employee from violating his employment agreement by capitalizing on a business method that the manufacturer client owned.
  • Won precedent-setting appeal to the U.S. Court of Appeals for the Third Circuit in a case involving an employer's right to discriminate against potential employees on the basis of bankruptcy under Section 525 of the Bankruptcy Code.
  • Served as a key part of a team that represented a large, multinational technology client in a series of lawsuits against corporate executives involving stock option claw back agreements, unfair competition and covenants not to compete.
  • Defended against UMWA organizing campaigns and unfair labor practice charges.
  • Prevented the filing of class action litigation involving the misclassification of jobs.
  • Krishnaswamy Sampath v. Concurrent Technologies Corporation, Civil Action No. 03-264J, U.S. District Court for the Western District of Pennsylvania (national origin, retaliation). Plaintiff appealed to the U.S. Court for Appeals for the Third Circuit at No. N.. 08-2370, and the Third Circuit Court of Appeals issued its opinion affirming the Order of the District Court. Plaintiff then filed a petition with the Supreme Court of the United States for writ of certiorari. The Supreme Court denied the petition.
  • Obtained a temporary restraining order in federal court preventing a senior buyer from working for a competitor of a retail merchandising client.
  • Obtained full Temporary Restraining Order on behalf of national sports and fitness specialty retailer enjoining its ex-senior buyer from going to work for a competitor pursuant to the terms of a noncompete agreement.
  • Represented employers covered by prevailing wage legislation such as the Davis-Bacon Act, the Service Contract Act, and analogous state and municipal laws governing negotiation of collective bargaining agreements for employers party to public contracts, classification of workers under prevailing wage determinations, and representation of employers in reimbursement disputes involving employee classification.
  • Defended a broadcasting company in a federal court jury trial involving allegations of reverse race discrimination, sex discrimination and retaliation by a former employee.
  • Successfully defended two former executives of a cold storage facility against action brought by former employer attempting to stop them from operating a competitive facility. After successfully arguing, Company was obligated to advance and then reimburse the former executives for their attorneys fees in defending themselves against former employer based upon interpretation of the Company's By-Laws, case settled on very favorable terms with no competitive restrictions.
  • Counseled and assisted clients with determining and complying with affirmative action obligations under federal and state law.
  • Obtained a favorable Third Circuit ruling for an employer in a case of first impression addressing the prima facie case in a pregnancy discrimination claim (Geraci v. Moody-Totrup, 82 F.3d 578 (3d Cir. 1996)).
  • Obtained Third Circuit affirmance of summary judgment in favor of the employer in an age discrimination case that is frequently cited [Kautz v. Met-Pro Corporation, 412 F.3d 463 (3d Cir. 2005)].
  • Obtained dismissal in the United States District Court for the District of Eastern Pennsylvania for a manufacturing company in a case alleging violations of the Family and Medical Leave Act, Americans with Disabilities Act and WARN Act.
  • Prevented the filing of a sexual harassment claim against a client in the transportation industry by conducting a thorough examination and providing the appropriate and necessary training to managers.
  • Represented employers under both the NLRA and RLA in lawsuits enforcing statutory and contractual dispute resolution procedures, especially those involving mandatory arbitration and no-strike obligations.
  • Successfully defended an independent financial consultant in emergency injunctive proceedings in which her former firm attempted to enforce restrictive covenants.
  • Obtained a jury verdict in New Jersey Superior Court in favor of a senior care company against a plaintiff alleging disability discrimination.
  • Acted as lead attorney representing a Fortune 500 Corporation in a lawsuit by a former employee and argued numerous motions, including Motion for Summary Judgment resulting in dismissal of all claims.
  • Granted Rule 50 Motion at completion of one week jury trial awarding defense verdict on all claims in defense of Pittsburgh Public School System in lawsuit filed by former teacher alleging constitutional breaches related to her discipline for "assisting" grade school students on standardized tests. Prior to entering appearance and substituting as counsel for a prior firm, the court had awarded partial summary judgments for Plaintiff on liability which was then vacated at conclusion of trial. Beth Lynn Boysza v. John W. Thompson, individually and in his capacity as Superintendent of the City of Pittsburgh School District, the Pittsburgh Board of Public Education and the City of Pittsburgh School District, Civil Action No. 03-1526, U.S. District Court for the Western District of Pennsylvania.
  • Defended a distributor of petroleum products in employment litigation in West Virginia involving claims of age discrimination, retaliation, and various tort claims.
  • Served as special labor counsel in bankruptcy matters involving the purchase or sale of assets and the amendment and/or rejection of collective bargaining agreements.
  • Helped prepare, draft and implement a succession planning program for the senior executives of a client.
  • Obtained attorneys fees and costs from the plaintiff following a bench trial with a verdict in favor of the plan. Foley v. Bethlehem Steel Corporation, 30 F. Supp. 2d 366 (WDNY 1998), 22 Employee Benefits Cas. 1586, Pens. Plan Guide (CCH) P 23946V (1998)
  • Successfully handled prevailing wage claims for a national telecommunications company.
  • Prevailed at arbitrations involving the discharge of hospitality employees for covertly threatening a supervisor, patient neglect and poor performance.
  • Represented the subrogation lien interests for workers compensation benefits paid for a large employer in a product liability case in order to secure reimbursement of medical and wage loss benefits paid to workers.
  • After successfully representing a client through two union elections, the union filed a third petition, which it won. We then helped the client negotiate an initial five-year agreement, which not only maintained many of the client's management rights to operate the plant, but kept its labor costs lower than anticipated.
  • Advised a major regional bank on improving its strategies and protocol for protecting its customer and proprietary information, including development of enhanced employment agreements, confidentiality agreements and privacy policies.
  • Represented a client in a class action alleging violation of Section 510 of ERISA; successfully defended the claims in the District Court and was involved with the appeal to the Third Circuit which subsequently reversed. Gavalik, et. al v. The Continental Group, Inc., et al. (United States District Court for the Western District of Pennsylvania)
  • Established enterprises that provide the best immigration platform possible for the transfer of key employees between companies.
  • Provided strike preparation and planning advice for clients in connection with expiring collective bargaining agreements in unions in several states across the country.
  • For the last major china manufacturer in the United States, we persuaded an arbitrator that shipping products to an intermediate warehouse where non-bargaining unit employees packed and shipped specific orders was permissible.
  • Guided a theft of time investigation that resulted in the successful termination of 12 of 18 department employees and won all but two of the discharge arbitrations. We also successfully defended the company's decision to contract out the department's bargaining unit work as well as numerous related unfair labor practice charges.
  • Obtained summary judgment dismissing a malicious prosecution claim against a health care client.
  • Helped employers make and implement decisions about employee discipline and termination.
  • Obtained summary judgment in a Section 1981 and Title VII race discrimination and retaliation case against a national recruitment and placement company.
  • Represented a variety of manufacturing and production services companies in union certification and decertification elections.
  • Resolved a dispute with a former president and part-owner of a client company that not only allowed payments to be made over a favorable time frame, but also allowed the client to obtain favorable tax treatment for some of the payments.
  • Defended a unit clarification petition which sought to join a recently acquired group of non-union employees into a union-represented unit that performed identical work.
  • Defended unfair labor practice charges and avoided NLRB complaint alleging that the employer unlawfully implemented its last, best and final offer.
  • Successfully litigated, through arbitration and on appeal, to the Surface Transportation Board and Court of Appeals, a dispute concerning application of New York Dock labor protective conditions.
  • Represented funds and employers in defense of claims alleging that plan amendments caused impermissible forfeitures.
  • Helped a mining industry client negotiate two labor agreements that materially changed medical benefit plans for active and retired employees.
  • Reviewed arrangements to ensure non-employees doing work for clients are treated as independent contractors, not as employees, and have drafted numerous agreements to help protect the client's position.
  • Conducted numerous all-day training sessions on behalf of a national training institute on the interplay between the FMLA, ADA, workers' compensation, pregnancy leave and employer leave policies.
  • Resolved a dispute with an individual who was claiming part ownership of several related companies. The resolution allowed our client to maintain the most profitable business, take favorable tax treatment of certain liabilities, and provided for certain payments to be made with product, rather than cash, to the benefit of the client.
  • Negotiated a revision of the applicable labor agreement to permit a split of the bargaining unit and then drafted the labor/benefit provisions of the asset sales agreements.
  • On behalf of a large European manufacturer, petitioned for E-2 treaty investor nonimmigrant visa, enabling it to transfer business personnel to the U.S. for extended periods of time to oversee or work in a related U.S. enterprise.
  • Obtained defense verdict after a five-day jury trial in United States District Court on race discrimination claims filed against multiple defendants by a former in-house lawyer.
  • Completed the negotiation of the first collective bargaining agreement for a financially troubled health care employer while the employer unilaterally implemented numerous changes to avoid bankruptcy and avoided a NLRB complaint on all related unfair labor practice charges.
  • Defended claims for breach of fiduciary duty against a former executive of a large hospital.
  • Helped to incorporate two new companies, and then prepared service and supply contracts between the two new companies and the client to reduce the risk that the new companies would be covered by the client's collective bargaining agreement.
  • Briefed and argued a case before the United States Court of Appeals for the Third Circuit, making new law regarding the scope of responsibility of former fund fiduciaries. Glaziers Funds v. Janney Montgomery Scott
  • Advised a client experiencing an attendance problem on how to deal with numerous employees who were claiming that they could not work more than eight hours per day or 40 hours per week, or who could not perform certain job duties, as a result of various alleged physical limitations.
  • Defeated an FLSA collective action against a national retail client related to several other such actions and five threatened state court wage payment actions.
  • Defended approximately 50 grievances protesting management’s decision to contract out bargaining unit work, which involved millions of dollars of lost wage opportunity claims for bargaining unit employees.
  • Represented a client before the Appellate Division of the Superior Court of New Jersey, which ruled that the plaintiffs were not entitled to home care benefits sought because they had not given the client prior notice of the hiring of non-preferred providers and had not obtained the client's approval for services rendered outside of New Jersey. In addition, the use of uncertified and unsupervised individuals to provide the alleged home care precluded benefits. Wood v. First Option Health Plan.
  • Over the past 15 years, we have handled more than 60 subcontracting arbitrations with the USW for a mining and soda ash processing facility in Wyoming.
  • Represented defendant service provider (fund accountants) in suits brought by funds and by class of fund beneficiaries as a consequence of investment manager misconduct. Masters, Mates and Pilots Litigation
  • Provided claim management services to a large employer to assist with its safety and return-to-work programs in order to reduce insurance ratings.
  • Defended an ERISA lawsuit in the Eastern District of Michigan, where a retired employee claimed he was not receiving the total amount of benefit he was due under the retirement plan; and that the company violated the terms of the plan and federal regulations by failing to notify him that he would not receive benefits until he actually retired, since he was working past the normal retirement age of 65. The Eastern District granted summary judgement and dismissed the case, holding: (1) the employer's construction of the plan and calculation of the employee's benefits was consistent with the plans' terms and basic ERISA concepts; (2) the employee had not demonstrated that he had forfeited any benefits by waiting until age 67 to retire; and (3) the employee had constructive notice that he would not receive retirement benefits until he actually retired. The employee has appealed to the Sixth Circuit.
  • Defended a mining industry client in an ERISA class action and defeated class certification and obtained summary judgment.
  • Represented a major steel company in several subcontracting arbitration cases dealing with the contracting out of janitorial services, installation of new systems based on the purchase of capital equipment, and plant and equipment repairs.
  • Prevailed at a federal trial involving defamation and age discrimination claims brought against a hospital.
  • Demonstrated the supervisory status of numerous employees prior to representation elections in industries such as acute care, long-term care, manufacturing and chemical production.
  • Represented a plaintiff in connection with alleged breaches of fiduciary duty pertaining to the professional advice given by an insurance broker who sought funding vehicles for a pension plan; vicarious liability of Kansas City Life for action of the broker in claims based upon federal law. Case presently pending. The Mars National Bank v. Kansas City Life Insurance Company and John Utz (United States District Court for the Western District of Pennsylvania).
  • Obtained a jury verdict in a breach-of-contract claim based on the provisions of an employee handbook, on behalf of a national retailer.
  • Helped a major manufacturing company review and reclassify its jobs.
  • Represented a coal company in a class action lawsuit under the WARN Act and negotiated a favorable settlement.
  • Represented a major utility in a series of arbitrations with the IBEW involving contracting out of meter reading work and transfer of bargaining unit work to related entities where there is no union representation.
  • Helped guide clients through numerous investigations regarding employee threats and allegations of substance abuse.
  • In the chemical manufacturing field, successfully obtained lawful permanent residence for an R&D Chemist of a well-known chemical manufacturer, based on her outstanding and unique achievements in the field.
  • Defended a class action brought by a steel manufacturer's salaried retirees alleging that the company had breached the terms of the plan and the settlement agreement which settled the original Eardman v. Bethlehem Steel Corporation class action in 1985. See Eardman, Heck et al on behalf of themselves and as representatives of a class v. Bethlehem Steel Corporation, Employee Welfare Benefit Plans, Secretary of the Insurance Boards.
  • Represented funds, employers and service providers in disputes over scope of fiduciary policies and in disputes over scope of SIPC's obligations to funds for losses stemming from investment manager defalcations.
  • Regularly reviewed, revised, drafted, and helped employers develop handbooks and employment policies.
  • Developed immigration policies and reimbursement agreements for corporate clients.
  • Represented a large trucking company's interests in a case litigated to the Supreme Court to establish case law regarding independent contractor and employer/employee relationships.
  • Assisted a number of clients facing the overwhelming task of responding to media inquiries related to fatalities within the workplace, including providing advice regarding federal, state and local criminal investigations.
  • Represented a leading global communications company in the successful withdrawal of four union petitions and the defeat, by a large margin, of five union elections in cities across the nation.
  • Counseled multiple health-care employers during union organizing drives.
  • Represented a health care employer in multi-bargaining unit petitions involving nurses, service maintenance, skilled maintenance, office/clerical and technical employees. Handled numerous bargaining unit issues including supervisory status and the appropriate slotting of employees into the appropriate bargaining unit positions.
  • Represented international organizations that wish to bring foreign nationals to the United States to participate in U.S. government-approved exchange-visitor programs allowing the foreign nationals to engage in studies, research and training in certain fields.
  • Conducted numerous sessions for supervisor and manager training on best practices for conducting investigations of employee issues and discipline, which involve mock interviews and audience participation.
  • Helped to structure an asset sale to comply with the WARN Act.
  • Drafted new restrictive covenants for a marketing and promotions firms and designed new procedures and policies to safeguard internal customer information and contact database software and systems.
  • Conducted a wage and hour audit for a hospital to ensure compliance with the FLSA.
  • Represented carriers in a common-situs labor dispute involving both RLA and NLRA issues.
  • Argued lead operators out of the bargaining unit as statutory supervisors and led employer to election victory by 3-1 ratio, thus avoiding the obligation to recognize the union as a bargaining agent.
  • Served as a mediator, arbitrator and special master, by appointment of federal and state court judges in more than 75 cases, including complex class action, employment, and other civil litigation matters, and a court-authorized "neutral" for all forms of alternative dispute resolution.
  • Defended a Department of Labor (DOL) investigation of a trucking company which allegedly was failing to pay overtime to its drivers. As a result of our investigation and legal arguments made to the DOL, we were able to convince the Agency not to issue a complaint regarding the allegations.
  • Represented a major trucking firm in a systemic hiring case brought by the EEOC in federal district court alleging gender bias, which also included an intervenor class action claim under state law.
  • Represented the plaintiff over alleged violations of fiduciary duties. Successful settlement of case for plaintiff. Greer Industries, Inc., v. Huntington National Bank (United States District Court for the District of Ohio)
  • Avoided union representation following multi-plant acquisition and implementation of employee benefit reduction of medical and retirement benefits during union organizing campaign.
  • Assisted corporate counsel in a multimillion-dollar stock transaction by negotiating the transition of our clients from owners to employees of the buyers.
  • Successfully assisted a client address cutting-edge issues related to the "host employer" doctrine in response to a workplace fatality.
  • Represented a major utility company in connection with alleged breaches of fiduciary duty regarding inappropriate amendments to a pension plan. Americo Dicioccio, et al. v. Duquesne Light Company (United States District Court for the Western District of Pennsylvania)
  • Defended a contracting-out grievance that saved the company millions of dollars.
  • Guided a chemical client whose entire workforce signed union membership cards in support of union organizing efforts.
  • Led numerous programs for lawyers on drafting and enforcing executive employment agreements and restrictive covenants.
  • Represented one of the nation's largest life insurance companies in a nationwide collective action coupled with state law claims.
  • Represented a subsidiary of a large national bank in an action to protect the company against misappropriation of its trade secrets and unfair competition by a group of seven former employees. Successful resolution of litigation hinged upon forensic recovery of electronic and other evidence of the defendants' misappropriation of trade secrets and unfair competition.
  • Represented the largest university in Pittsburgh in contracting out issues where work was moved from one bargaining unit to another to take advantage of more favorable terms and conditions for performance of the work.
  • Provided multiple training sessions over the course of several months for all of a client's managers on harassment, interviewing and hiring employees, and managing performance.
  • Handled all of the labor and benefit aspects of a venture capital fund's acquisition of a unionized company from an ESOP.
  • Represented a client in a nationwide class action alleging violations of Section 510 of ERISA and Section 1961 of RICO. One of three trial lawyers responsible for the defense of this matter which consumed over eight years of litigation prior to settlement being reached. McLendon, et al. v. The Continental Group, Inc., et al.
  • Defeated class certification in an ERISA severance pay action and then won summary judgment on the underlying claim.
  • Secured the dismissal of a wage payment claim filed by a terminated executive alleging breach of contract.
  • Successfully assisted a client with the contest of allegedly "egregious" and willful OSHA citations.
  • Served as carrier counsel before Presidential Emergency Board Nos. 237, 238 and 239.
  • Negotiated a shutdown and subcontracting of a hospitality employer's in-house laundry operation.
  • Drafted intra-company service agreements among numerous affiliated companies.
  • Negotiated various collective bargaining agreements for real estate management companies.
  • Helped a chemical company acquire plants in several states that involved complicated temporary leasing arrangements.
  • Advised a client on how to structure the hiring and employment of a series of employees being hired from a much larger competitor who had signed restrictive covenants with the competitor.
  • Represented health care organizations, universities, colleges and corporations seeking “national interest waivers,” in order to permanently employ foreign nationals in the United States as nurses, physicians, researchers and scientists.
  • Oversaw the due diligence efforts related to labor and employment matters on a series of related asset purchase deals, identified and analyzed various risks and handled post-transaction group terminations.
  • Defended a suit brought by MEWA and a related trade association against benefits consultant stemming from collapse of MEWA.
  • Defended a discharged case where the employee had been terminated for a reason that was critical to the employer’s business. The evidence was based, in large part, on the testimony of fellow union employees.
  • Obtained a judgment under the Federal Arbitration Act vacating a $250,000 arbitration decision in favor of a former employee.
  • For Ford Motor Company, summary judgment granted in favor of the Plan. Faso v. Ford UAW Retirement Plan and Ford Motor Company UAW Retirement Board of Administration, 96 CV-724 (WDNY 1998).
  • Won a jury verdict dismissing all claims against our clients, who were accused of wrongfully terminating their chief financial officer for purported whistleblowing and of failure to pay him for accrued vacation.
  • Negotiated a consumer directed health plan as part of the single corporate health plan for all union-represented employees covered by numerous collective bargaining agreements.
  • Defended a class action claim for donning and doffing pay.
  • Achieved summary judgment and argued that the plaintiff's case was pre-empted by ERISA and that ERISA provided no remedy. Davis v. Bethlehem Steel Corporation, General Pension Board of Bethlehem Steel Corporation, and Michael P. Dopera, Plan Administrator et al, 97-CV-0346E(M), 1998 WL 15956 (W.D.N.Y.).
  • Assisted a mining client determine whether OSHA or MSHA applied to a project for a construction company.
  • Prepared a request for reconsideration of a multimillion-dollar demand for withdrawal liability for an employer in the construction industry involving a control group and alter-ego issues. We also helped a family business address succession issues in light of potential control group liability implications.
  • Conducted supervisor training throughout the country for supervisors and managers of clients on staying union free.
  • Prevailed on claims by former employees for vacation pay.
  • Negotiated an early retirement package that led to reduction of nearly one-half of the bargaining unit. Negotiations also included the remaining operations.
  • Successfully litigated a case to enforce the RLA's major dispute resolution procedures.
  • McCarrick v. The Social Insurance Plan of Bethlehem Steel Corporation
  • Retained to represent the defendant in claims alleging violation of Section 510 of ERISA after successful defense of the Gavalik and Jakub cases. Amaro v. The Continental Group, Inc. (United States District Court for the Southern District of California)
  • Acted as an investigator in several sexual harassment investigations when the matter was high-stakes or when the client did not have a trained staff member to serve in that role.
  • Obtained multiple summary judgments dismissing disparate treatment, harassment, retaliation, defamation and FMLA claims.
  • Guided a broad investigation into employee workplace drug use that resulted in the termination of 16 employees and the successful defense of numerous discharge grievances.
  • Handled all of the labor and benefit aspects of several large stock and asset acquisitions by a large mining company.
  • Obtained a defense verdict after four-day jury trial in West Virginia State Court in a case alleging race discrimination filed against multiple defendants.
  • Defended a major Wall Street investment bank against unfair competition claims related to the hiring of multiple sales traders from a competitor's fixed income division.
  • Prevailed in a federal lawsuit brought against a health insurance plan for alleged improper claims processing.
  • Guided a client through a temporary replacement of its workforce. We successfully defended and avoided NLRB complaints of related unfair labor practice charges and obtained 10(j) injunctive relief in federal court to end union-related violence.
  • Guided a temporary employment agency to a satisfactory resolution of a Department of Labor audit, and helped the client restructure its relationships to avoid future issues.
  • Obtained defense verdicts in cases alleging sexual harassment, racial harassment, national origin discrimination and retaliation claims.
  • Helped an employer structure a supervisory training program that combined hourly bargaining unit work with college classes.
  • Represented the interests of employers and insurers to obtain approval of Medicare set-aside agreements for workers' compensation settlements.
  • Assumed the defense and negotiated a favorable settlement on behalf of an Internet service company against whom a preliminary injunction was issued for alleged misappropriation of a competitor's trade secrets (state court - Pennsylvania).
  • Negotiated a three-year collective bargaining agreement with a two-year extension contingent upon the completion of the acquisition of a competitor.
  • Restructured employer-related costs by negotiating the termination or freezing of retiree medical benefits and defined benefit pension plans, wage rates and job consolidations in manufacturing, health care, chemical, mining, public utility and automotive parts supply industries.