Experience

Sponsor Licence for Boutique Brasserie

Assisted boutique brasserie that wanted to expand business to pop-up and catering services with sponsor licence application. Assisted subsequently with application for chef to come to the U.K.

Successfully Defended University, Individual Against Missouri Human Right Act Claims

Secured a full defense verdict for a university and individual on multiple claims alleging violations of the Missouri Human Rights Act. After a one-week trial in the City of St. Louis Circuit Court, the jury returned verdicts in favor of our client on all counts.

Summary Judgment in $850,000 Employment Contract Dispute

Obtained summary judgment in Missouri state court on behalf of an employer in the health care and life sciences field. A former employee had sought over $850,000 in alleged unpaid bonuses.

Summary Judgment for Hospital in FMLA Retaliation Suit

Obtained summary judgment ruling for a hospital in the U.S. District Court for the Eastern District of Missouri. The lawsuit brought by former employee alleged retaliation under the Family and Medical Leave Act.

Defended Hospital and Executive Against Sex Discrimination Claims

Defended a hospital and its Chief Executive Officer in state court against claims of sex discrimination by the Chief of Anesthesia against the CEO and the Chief of Surgery.

Successfully Defended School District in Termination, Discrimination Suit

Successfully defended school district in a wrongful termination and age discrimination lawsuit.

Dismissal of Suit for Public Entity in the Education Industry

Won a dismissal after removal to federal court on behalf of a public entity and its employees for failure to exhaust administrative remedies with proper administrative agency.

Acquisition of Franchise Restaurants

Represented a private investment firm in its acquisition of franchise restaurant outlets across multiple states. Handled the acquisition agreement and other operative documents, due diligence, franchise documentation and licensing.

Secured Withdrawal of OSHA Citations for Manufacturing Client

Defended company that received two willful citations under OSHA lead standard when manufacturing with leaded brass. OSHA withdrew both willful citations.

Successfully Resolved Matter for Company in OSHA Severe Violator Enforcement Program

Defended company placed in OSHA Severe Violator Enforcement Program (SVEP) involving combustible dust explosion and serious injuries. The case was settled with no willful violations and the company was removed from SVEP.

Dismissal of Multi-State Unpaid Overtime Class Action Claims

Obtained dismissal of numerous state law class action claims based on lack of standing in a multi-state unpaid overtime lawsuit in the United States District Court for the District of Colorado, resulting in a substantial reduction in the potential size of the class and, accordingly, substantially reducing the company's potential exposure.

Dismissal of Claim for Unpaid Commissions

Successfully obtained dismissal of a former employee's claim for unpaid sales commissions in St. Louis County Circuit Court.

Resolution of Fraud, Wrongful Termination, Other Claims

Obtained a favorable result in a jury trial in the United States District Court for the Western District of Missouri on behalf of an international corporation that had been sued by a number of former employees for fraud, wrongful termination in violation of public policy, and a number of other tort claims. After trial, the remaining claims settled for a small fraction of the settlement demand, saving the client hundreds of thousands of dollars.

Defense, Resolution of Class Action Lawsuits under Fair Credit Reporting Act

Successfully defended and resolved a number of class action lawsuits against major corporations brought under the Fair Credit Reporting Act (FCRA) for alleged violations of the provisions of the FCRA applicable to employment background checks.

Summary Judgment, Dismissal of ‘Bet the Business’ Class Action Claims

Achieved motion for summary judgment and a dismissal of plaintiffs’ claims with prejudice in a “bet the business” class action brought by representatives of 200 former employees of a client in St. Louis County Circuit Court. The former employees sought sales commissions allegedly due and owing and millions of dollars in statutory penalties.

Representation in Class Action Involving Biometric Information Privacy Act

Represented corporate client in employment- related class action involving the Illinois Biometric Information Privacy Act.

Successful Enforcement of Agreements Against Former Staffing Firm Employees

Successfully pursued and enforced multiple confidentiality and customer nonsolicitation agreements, along with computer tampering claims in courts in Missouri, Illinois and Iowa, against former employees of national Fortune 500 staffing firm.

Obtained TRO for Major Grocery Chain in Noncompete Case

Obtained temporary restraining order (TRO) and consent permanent injunction against a former employee of a major grocery chain enforcing a noncompete agreement and requiring return and destruction of documents.

Representation of Labor Union Against Various Claims

Represented a labor union in connection with allegations of defamation, intentional infliction of emotional distress and related business torts.

Preliminary Injunction in Discrimination Investigation Matter

Obtained a preliminary injunction order in federal court enjoining the Missouri Commission on Human Rights from investigating allegations of discrimination filed against client.

Citations Vacated for Client in OSHA Evidentiary Hearing

Defended company in OSHA evidentiary hearing in which company asserted that installation of wood trusses constituted steel erection. Administrative Law Judge agreed and vacated the citations.

Defended Client in Waste Regulation Action Affirmed on Appeal

Defended client in an action against the Missouri Air Conservation Commission. The judge invalidated Missouri medical waste, industrial waste and sewage sludge incinerator regulations in the first of the “no stricter than” cases brought under the Missouri Clean Air Act. The decision was affirmed on appeal by the Missouri Court of Appeals.

Representation of Manufacturing Company in Soil and Groundwater Cleanups

Represented manufacturing company in soil and multi-plume groundwater cleanups of PCBs and solvents in Missouri. Persuaded EPA to pursue separate source of groundwater contamination. Site is located in close proximity to drinking water wellfield.

Favorable Ruling for University Granting 11th Amendment Immunity

Obtained favorable ruling in U.S. District Court for the Eastern District of Missouri granting employer 11th Amendment immunity from future litigations.

Partial Summary Judgment in FLSA Misclassification Action

Obtained partial summary judgment on behalf of a client in a Fair Labor Standards Act (FLSA) misclassification collective action, reducing the potential scope of class and the client's potential exposure by over 90%.

Defended Company Performing Cleanup at Superfund Site

Defended company who performed $28 million environmental cleanup of PCBs, asbestos and TCE at Superfund site, formerly used for automotive manufacturing, under Administrative Settlement Agreement and Order on Consent. The site is located in a residential area and will be transformed into a recreational facility.

No Negligence in MSHA Fatality

Persuaded MSHA to make a determination of no negligence in a mine fatality in which an employee became pinned inside a piece of equipment.

Defeated Manufacturer's Attempt to Obtain TRO Enforcing Noncompete

Defeated manufacturer’s attempt to obtain a temporary restraining order (TRO) in U.S. District Court for the Eastern District of Missouri enforcing a noncompete agreement against a former plant manager. This resulted in a complete victory for the plant manager, allowing him to work for his new employer in the same industry.

Withdrawal of Unfair Labor Practice Charge Against Manufacturer

Successfully defended a pet food company against an unfair labor practice charge filed with the National Labor Relations Board. In filing the charge, a union alleged the client unlawfully disciplined and discharged one of its employees because of his support for the union during its organizing campaign. Following a vigorous defense against the allegation, the union withdrew the charge.