We are – first and foremost – seasoned trial litigators. We have thousands of depositions and motions hearings, as well as hundreds of arbitrations, evidentiary hearings, and trials under our collective belt. This experience provides us with unique perspectives not only in handling litigation but also in counseling, negotiating, and every other aspect of our practice:
- Drafting policies and contacts;
- Advising employers and executives concerning challenging terminations;
- Conducting or representing clients in internal investigations; and
- Handling administrative charges, audits, arbitration, and litigation.
Our litigation expertise allows us to mitigate the risk of litigation and meet the business and professional goals of our clients.
We have particular expertise counseling employers and boards and investigating and litigating executive or employee whistleblower claims. When an employee blows the whistle, clients are confronted with a conundrum: how can they investigate properly the allegations of misconduct, while maintaining the confidentiality and protecting the whistleblower from retaliation? Particularly when allegations of illegal conduct are involved or the employer is a regulated entity, clients must turn to outside counsel to conduct an effective investigation and/or provide advice concerning the handling of potential retaliation claims. We serve as outside counsel in these challenging and delicate matters, providing experience with federal and state whistleblower laws as well as deep litigation expertise. We are the authors of the first and only published law review article concerning whistleblower law: Sarbanes-Oxley: The Next Whistle Stop for Whistleblowers.
We have over three decades of litigation and arbitration experience, handling all genres of employment-related litigation, including:
- Disputes concerning noncompete agreements and trade secrets;
- Claims involving sexual or racial harassment, discrimination or retaliation before federal and state agencies and in state and federal court;
- Disputes concerning employment, equity and partnership agreements and other employment-related contracts;
- Claims between partners and owners and business “divorces;”
- Claims concerning stock options and long-term incentive plans; and
- Investigating, negotiating and litigating whistleblower and retaliation claims.
- Prosecuting claims on behalf of former President and CEO of California-based logistics company against former employer alleging breach of equity agreements, acquisition agreements, and retention and employment agreements.
- Represented international private property developer in litigation challenging distribution of partnership proceeds for multi-family housing developments.
- Defending manufacturer based in Massachusetts in Sarbanes-Oxley whistleblower action in proceedings before OSHA and district court and on appeal before the United States Court of Appeals for the First Circuit.
- Successfully represented a Chicago-based Fortune 50 food distributor in multi-jurisdiction litigation prosecuting claims for trade secret theft, breach of contract and breach of the duty of loyalty and defending numerous claims. And defended claims under Sarbanes-Oxley and the False Claims Act involving executives’ efforts to set up the CEO for termination.
- Obtained dismissal of whistleblower claims of an employee of a major government contractor by asserting defenses and claims (resulting in monetary sanctions) based on the former employee’s misconduct in Afghanistan, including the theft of trade secrets, spoliation of evidence and conversion of property.
- Successfully defended a DC-based international investment fund against claims by a CEO in the UAE alleging wrongful discharge and contract claims and successfully asserted counterclaims for theft and trade secrets.
- Represented a Virginia-based government contractor in False Claims Act whistleblower action pending in federal court, resulting in dismissal and monetary sanctions against the plaintiff based on his spoliation of evidence in discovery.
- Represented large investment advisor in class action lawsuit alleging wage and hour and gender discrimination claims in California, resulting in dismissal and settlement of claims.
- Represented a major DC-based employer in an action by in-house counsel alleging gender discrimination and retaliation, prevailing on summary judgment and obtaining an award of sanctions.
- Represented a major New Hampshire-based government contractor in False Claims Act and trade secret litigation in federal court, obtaining summary judgment, a significant damages award, and an award of sanctions.