Our employment lawyers defend public and private companies in lawsuits alleging discrimination and/or harassment on the basis of a protected class (including but not limited to race, color, religion, sex (including pregnancy and sexual orientation and transgender status), national origin), retaliation, or any other protections afforded under federal, state, or local laws. We also routinely defend clients against discrimination or retaliation claims made under the ADA, ADEA, and FMLA. We also represent employers in executive compensation and executive contract disputes related to commission payments, employment terms, bonuses, wrongful discharge, and other related contract disputes. Our team counsels employers on enforcing restrictive covenants, non-compete agreements and protecting valuable trade secrets, such as customer lists and other proprietary information. We also have extensive experience handling cases involving e-discovery [link to page] and can oversee the review and production of substantial documents. Furthermore, we know how to tactfully navigate the public relations challenges that can accompany these matters and work to resolve matters discreetly for all parties.

We have experience with wage and hour cases brought under the Family Medical Leave Act (and state and local counterparts). We counsel other lawyers when they are handling such cases and assist business clients with wage and hour audits. Our team also has considerable experience with Employment Practices Liability policies and performing services for clients who are covered by such policies. Our team members have negotiated EPLI policy terms for clients, including advising clients on various issues, particularly selection of counsel and settlements. With respect to handling matters covered by EPLI, we have considerable experience as members of our team have spent years working predominantly on employment matters insured by various multinational insurance carriers. As a result, we are also familiar with the budgeting and reporting requirements under which outside counsel work in this context.

We regularly advise and train corporate clients on various employment matters as part of their risk management strategy, including reviewing, drafting, and updating workplace policies and employee handbooks. We also counsel clients on handling employee performance concerns and recruiting and retaining executives and key personnel. We advise on all aspects of HR compliance, executive retention, and compensation, guiding our clients through events like employment changes, personnel downsizing, or changes of control. Our attorneys develop and review executive compensation plan arrangements and programs, consulting services contracts, and severance arrangements, including deferred compensation, equity-based compensation and incentive compensation arrangements, stock option and variable compensation arrangements, as well as change in control and bonus arrangements. We also routinely negotiate confidential separation agreements between employers and employees.

Our team’s knowledge of developing employment trends and case law by jurisdiction allows us the flexibility and dynamism to engage and educate employees of all backgrounds and experience levels. Our training programs cover issues relating to discrimination and sexual harassment, social media usage, independent contractors, works-for-hire, and non-compete/non-solicitation agreements for employees ranging from C-Suite level leadership to front-of-house staff.

When employment disputes arise, the individuals involved are wary of the potential impact on their careers and reputations. We understand the importance of addressing discrimination, harassment, and retaliation and devising an exit strategy that allows our clients to move on to new opportunities without the taint of a public battle. We vigorously negotiate severance agreements that compensate clients for the financial consequences of employment disputes while preserving their professional options going forward. We counsel law firm and professional services partners, managers and associates, General Counsel and in-house lawyers, doctors and medical professionals, and C-Suite level executives and business partners on how to navigate a challenging work environment while working towards a resolution, including recovering from harm caused by wrongful discharge or breach of an employment contract.