Employment Litigation

While we always try to mitigate litigation risks through self-audits and personnel policies, our employment litigation attorneys know what it takes to win when disputes can’t be resolved. Our seasoned trial attorneys combine investigative tactics, savvy media relations, and effective negotiating strategies with the goal of achieving the best and most efficient outcome for you. We litigate large class and multiple plaintiffs actions, as well as individual lawsuits in both state and federal courts throughout the nation. This includes employee benefits litigation and actions related to non-compete and trade secret agreements. We regularly defend cases arising under the Employee Retirement Income Security Act (“ERISA”), Fair Labor Standards Act (“FLSA”), and matters that are brought before the Equal Employment Opportunity Commission (“EEOC”).

Recognizing that each client’s situation is different, we ensure that the strategy for each case matches your business objectives and budget. Whether the matter is a “bet the farm” dispute or a smaller one, we understand that one size does not fit all. The range and diversity of cases we defend gives us the experience needed to provide you with the personal attention necessary to limit your financial and reputational exposure.

How We Can Help

Defend Employers against Discrimination and Wrongful Discharge Claims

• Defend against race, age, gender, national origin, religious, and other discrimination claims
• Defend employers against whistleblower, retaliation, and other wrongful discharge claims
• Protect company secrets and business interests during litigation
• Establish coordinated and aggressive discovery plans and information management
• Budget cases for cost certainty and containment

Defend Employers against Class and Collective Actions 

• Represent employers in overtime and wage payment cases
• Defend class actions, mass discrimination, and disparate impact suits 

Defend against Government Actions and Investigations

• Significant experience handling charges of discrimination before the EEOC and similar state and local agencies 
• Prepare witnesses and gather documentary evidence
• Write position statements tailored to each individual matter
• Communicate with agency investigators to provide requested follow-up information and witness interviews
• Negotiate conciliation agreements
• Solid record of securing “no cause” findings in agency matters 

Alternative Dispute Resolution

• Design policies for mediation or arbitration of disputes
• Handle mediations and arbitrations throughout the country

What Sets Us Apart

• Ranked Tier 1 in 2025 U.S. News & World Report–Best Lawyers® “Best Law Firms” (Woodward/White, Inc.) nationally for Labor Law – Management and Litigation – Labor and Employment and in Philadelphia for Employee Benefits (ERISA) Law, Employment Law – Management, Labor Law – Management, and Litigation – Labor and Employment. Also ranked nationally for Employee Benefits (ERISA) Law and Employment Law – Management, and regionally for Employee Benefits (ERISA) Law, Employment Law – Management, Labor Law – Management, and Litigation – Labor and Employment.
• Chambers USA 2023 ranked Blank Rome for labor and employment in Pennsylvania. Editors write that Blank Rome’s Labor & Employment practice:
  • “Maintains a strong profile for its handling of complex trade secrets and restrictive covenant disputes. The team also offers experience across labor law matters such as contract negotiation and unfair labor practice disputes.”
  • “‘They are on top of recent trends and provide thoughtful advice and recommendations.’”
  • “‘The litigators at Blank Rome really know the law. Their preparation, advocacy and priority on attempting an amicable resolution if at all possible is impressive.’”
• We invest in long-term relationships and create client service teams to ensure effective and efficient delivery of legal services.
• We place an emphasis on preventive measures to preempt problems before they arise.
• We provide value-added services to our clients, including in-house training programs, CLE programs, legal briefings, and newsletters.