Arnold and Porter is committed to providing labor and employment representation of the highest quality and greatest integrity on terms that make good business sense. Our international practice includes labor and employment lawyers resident on the East and West Coasts and in Europe. On a daily basis, we provide advice to help clients navigate the ever-changing landscape of labor and employment laws and achieve their business objectives.
Employment Litigation
With our combined litigation and substantive experience, we have expertise handling the range of employment cases, from the typical single-plaintiff case to the complex, "bet the company" class action lawsuit. We have litigated extensively before administrative agencies, arbitrators and state and federal courts, from the National Labor Relations Board to the United States Supreme Court. Our clients have regularly called on us to handle difficult and complicated legal issues on appeal in situations where they cannot afford to gamble. And while we stand ready to litigate vigorously and routinely try cases where appropriate and necessary, we also recognize that full-scale litigation is not always desirable. For that reason, we strive to negotiate favorable settlement agreements and to find creative solutions to resolve formal disputes while preserving each client's goodwill with customers, employees, labor unions and governmental agencies.
We have handled nearly every type of employment case filed today, including those involving discrimination based on race, gender, disability, age, sexual orientation, religion, and worker's compensation protection, as well as those alleging wrongful termination, state law torts, whistleblower claims, wage and hour, business torts, restrictive covenants, and trade secret actions.
Arnold & Porter is also unique in our traditional labor law experience. While the percentage of management labor and employment attorneys who devote a large portion of their practice to handling traditional labor law matters has dwindled, we devote a significant part of our practice to traditional labor matters. Over the last ten years, our attorneys have negotiated dozens of collective bargaining agreements and handled hundreds of labor arbitration hearings and related NLRB matters.
Litigation Areas of Focus
- Employment discrimination and harassment
- Trade secrets
- Unfair competition
- Business torts and breaches of restrictive covenants
- Wage and hour regulations
- Leaves of absence and reasonable accommodations
- National Labor Relations Act, Railway Labor Act and other union matters
- Wrongful termination and whistleblower actions
- Appellate litigation
- Class actions and other multi-plaintiff litigation
- ERISA litigation
Corporate Transactions
Our employment attorneys routinely provide support and guidance on employment issues in merger, acquisition, divestiture and similar transactions. In that capacity, we perform due diligence services in drafting and negotiation of definitive agreements which are directly or collaterally impacted by employment law concerns. Our employment team is involved in the transaction planning and negotiations, workforce analyses, and pre- and post-closing personnel management. For example, we might investigate the possible WARN Act, severance payments, and restrictive covenant implications of the deal, as well as any issues arising from the presence of a unionized workforce.
We regularly negotiate high-level employment contracts and separation agreements for employers and senior executives.
Counseling and Advice
Our Employment team counsels clients on the full range of employment law compliance issues. We provide clients with advice on how to comply with the ever-expanding regulatory and statutory framework of federal and state employment laws, including the FMLA, ADA, ADEA, Title VII, COBRA, ERISA, WARN Act, FEHA, CFRA and FLSA. We routinely review and develop employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents and frequently advise on the emerging employment law issues related to social media.
Arnold & Porter also assists clients in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets. Since a company's exposure can be diminished significantly by careful planning and early action before litigation, we work closely with our clients in advance and strive to position them favorably should litigation arise.
REPRESENTATIVE ENGAGEMENTS
- We prevailed on all claims on behalf of a major electronics company in a multi-plaintiff race and national origin discrimination case brought by a prominent San Francisco plaintiffs' counsel.
- We represented a major healthcare management products company in the appeal of the largest employment discrimination jury verdict in California history. We were successful in reducing the jury's verdict from approximately $19 million to approximately $4 million.
- We compelled arbitration, and then prevailed at arbitration, in a gender discrimination and harassment suit on behalf of a major broadcasting company.
- We represented an airline company against a group of international aviators based in Los Angeles who alleged that the company failed to pay them in accordance with California wage and hour laws. We obtained summary judgment on the grounds that California law did not apply extraterritorially and would violate the dormant commerce clause of the U.S. Constitution. The case was affirmed on appeal.
- We represented a specialized professional technical services and engineering firm as lead trial counsel in non-compete litigation brought against two former employees (obtained unanimous jury verdict against defendants).
- We represented a high-profile Division I men's basketball coach in negotiating his separation from employment.