Employment Litigation

Overview

Employers are faced with complex and sometimes contradictory laws and regulations that can have a dramatic impact on their ongoing business operations. Add to that the burden of state and federal interpretations of these laws and employers can be subject to devastating legal disputes that are not easily resolved. 

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 youWe 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

  • 2019 U.S. News & World Report—Best Lawyers (Woodward/White, Inc.) nationally ranks Tier 2:
    • Employee Benefits (ERISA) Law
    • Employment Law – Management
    • Labor Law – Management
    • Litigation – Labor & Employment
  • 2017 Chambers USA: ranked Blank Rome for labor and employment in the District of Columbia and Pennsylvania.
    • Chambers editors write that Blank Rome: “Maintains a strong profile for its handling of complex trade secrets and restrictive covenant disputes. Also offers experience across labor law matters such as contract negotiation and unfair labor practice disputes. Fields notable expertise in executive compensation and employee benefits matters, as well as large-scale wage and hour litigation.”
    • “Interviewees draw attention to the firm's broad capabilities, noting: ‘They certainly have a plethora of experts, and that's good when you need someone in niche areas.’”
  • 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.
     

Experience

We have an active litigation practice that has defended clients in federal and state courts, as well as before administrative agencies. These representations include:

  • A NYSE-listed multinational client, in multiple pieces of litigation.
  • Handled litigation in all states where national company operates, including cases involving alleged violations of the American with Disabilities Act (“ADA”), as well as others. Representation included a large healthcare institution, in a gender discrimination class action involving claims of disparate treatment, hostile work environment, retaliation, and “glass ceiling” barriers to promotion. 
  • Successfully obtained a court order precluding certification of nationwide class asserting race discrimination against Fortune 500 company.
  • Multiple plaintiff lawsuits in federal and state courts alleging discriminatory hiring practices in selection of new workforce.
  • A complete defense verdict in a federal jury trial involving allegations of sexual harassment.
  • A company and three individual managers, in a six-week jury trial involving claims of wrongful discharge, defamation, and other intentional torts by a former senior executive who was terminated following an internal investigation into allegations of sexual harassment and fraud.
  • Obtained summary judgment rulings rejecting sexual harassment, pregnancy discrimination, and retaliation claims filed by employee against employer and several superiors.
  • A large national film and broadcasting company, in a high-profile ADA case brought by a former employee who had AIDS.
  • Defended various sexual harassment, race discrimination, and retaliation suits for a variety of medical centers and community hospitals.

Team