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Overview

The recent financial crisis continues to impact the practices of labor and employment lawyers across the United States. Employee benefit plans constitute the largest sources of equity capital and undisclosed corporate liabilities in the world. Plans, their employer sponsors and their fiduciaries are being targeted at an increasing rate. The best Employee Retirement Income Security Act (ERISA) litigators must have knowledge of labor, employment, securities, healthcare and insurance law at their fingertips to be able to advise on every aspect of this highly complex area of law. Cases range from challenges to 401(k) plan fee structures and suits over plan investments in proprietary mutual funds to suits over 401(k) plan investments in company stock, including Employee Stock Ownership Plans (ESOPs) and modifications to retiree welfare benefits. Firms must deal with disputes concerning medical care reimbursement mechanisms, conversions to cash balance pension plans, severance and termination pay disputes arising from M&A and suits over defined benefit plan amendment and benefit computation. Further areas of expertise required in this field include advising on disputes concerning worker classification issues and challenges to ESOP transactions. The firms in this table have embraced the area in different ways; either as part of a wide-ranging employment litigation practice or as part of a specialist employee benefits practice. Whatever their approach, the practices listed concentrate on the defense and arbitration of ERISA claims on behalf of companies, and are assessed on their size, depth and national reputation as well as the range and complexity of caseloads.

Immigration lawyers continue to be busy, advising companies on a variety of counselling, specialized projects and nuts and bolts transactional work. The recession and the beginnings of the recovery brought a particular variety of contrasting work ranging from assisting with the immigration implications of reductions in force, to assisting companies with hiring groups of specialized foreign nationals in order to manage the resumption or initiation of major projects. At the same time, the sharp increase in government enforcement, as the new administration found its footing, generated extensive work in connection with government audits and investigations led by both the Department of Homeland Security (DHS) and the Department of Labor (DOL). In another trend, as major financial services companies repaid bailout (TARP) funds, immigration lawyers were called on to counsel them on the immigration implications and on how to ensure that enhanced statutory restrictions would no longer apply to them. Immigration practices range in size from global offerings to just a handful of partners, yet the nature of the work involved means that it is not the size of the team, but the type of clients serviced which really demonstrates the quality of a practice. The firms listed are those which have performed high-level or complex work in this area, and which clients have highlighted as particularly worthy of recognition.

The number and scope of employment-related class actions has increased dramatically in recent years, especially in the areas of wage and hour, discrimination, and most recently, employee benefits. In the last few years alone, class and collective actions, at both the federal and state levels, as well as other multi-party lawsuits, have cost employers hundreds of millions of dollars in judgments and settlements. There continues to be a growing divide in the market between full-service firms who offer particular strength in employment litigation on one hand, while on the other, there are boutique firms whose sole concentration is labor and employment law. There are benefits and drawbacks to both approaches, but it should be noted that there are some concerns that in their rush to expand into major cities, often by subsuming smaller firms, some boutiques have not maintained the same level of quality across all offices. The boutique firms listed are those clients have judged to offer the best possible balance between lower fee structures and high-quality representation.

The convergence of a pro-labor US government and the global economic meltdown has created considerable friction between businesses and their workforces. This challenging area of law is changing. By way of example, President Obama has already implemented a number of pro-labor executive orders that include: Executive Order 13496 (Notification of Employee Rights Under Federal Labor Laws), Executive Order 13495 (Nondisplacement of Qualified Workers Under Service Contracts), Executive Order 13494 (Economy in Government Contracting) and Executive Order 13502 (Use of Project Labor Agreements for Federal Construction Projects). Many US firms have turned their backs on traditional labor law, favoring employment law instead. As a result there are only a few with a strong national presence able to take advantage of these developments. Those that have maintained a significant traditional labor practice have been dealing with an increase in corporate campaigns aimed at management. In addition to training employers on the possible consequences of the Employee Free Choice Act, they represent clients in collective bargaining, arbitrations and unfair labor practice proceedings before the National Labor Relations Board. The practices listed in this table have been assessed on the range and complexity of their labor work along with feedback from clients.

Recently there has been a sharp rise in the number of reductions in force and restructurings, with companies requiring advice on how to target potential layoffs in order to avoid claims of adverse impact on any single group of employees. The need for counseling on wage and hour, Sarbanes-Oxley whistleblower and equal employment opportunity issues shows no sign of slowing down. Firms have also been advising their clients on the likely developments in employment and labor law under the Obama administration. In particular, it has been noted that safety and health issues are at the centre of the Obama administration’s commitment to greater workplace regulation and enforcement. Every labor and employment lawyer in the US offers, to some degree, counseling to his or her clients. The firms and individuals mentioned in this section though offer a dedicated counseling service, attested to by their clients. These rankings should be read alongside the ‘Labor and Employment Litigation’ section, since the issues that arise in the courtroom are often those on which clients are looking for additional guidance in order to reduce their potential exposure.


ERISA litigation

Index of tables

  1. ERISA litigation
  2. Leading lawyers

Leading lawyers

The ‘fantastic’ team at Morgan Lewis continues to impress peers and clients alike with its breadth of expertise. Its ‘very client-oriented’ labor and employment law and employee benefits lawyers handle some of the most complex Employee Retirement Income Security Act (ERISA) litigation across the United States. ‘The overall level of service is excellent. I believe that it clearly has the most depth in the ERISA practice area of any US firm. It is obvious that the firm devotes significant resources to its ERISA practice group’. ‘The people in the group are both knowledgeable in the subject area of ERISA, but are also skilled litigators. Response time is excellent, and while no top-notch firms are cheap, it is good value’. The team is ‘knowledgeable and aggressive in its defense approach’. Highlight work included representing Tellabs in the second post-Enron ERISA stock-drop case to go to trial. In 2010, the firm continued to act as defense counsel in Kanawi v Bechtel Corp, one of a wave of 20 ERISA class actions that are pending against Fortune 500 companies. Other representations have included the defendants in Quan et al v Computer Sciences Corporation, et al, where the Ninth Circuit resolved inconsistent rulings in its prior decisions and affirmed a district court judgment in favor of CSC and its plan fiduciaries. In another recent case, this time involving COBRA premium calculations, the firm secured a favorable class settlement for the defendants in Owen v Methodist Hospitals of Dallas, Inc (d/b/a/ Methodist Health System), et al.First rate lawyer’ Charles Jackson ,who has ‘serious trial experience in this area’, co-chairs the ERISA litigation group with Philadelphia-based Brian Ortelere. ‘Their strength is the breadth and depth of knowledge, together with their litigation skills’. Another high-flyer from this ‘excellent’ firm is Gregory Braden, who is described by clients as their ‘first choice’. Depth of ability is key to the firm’s success; individuals that deserve high praise include Sari Alamuddin and Deborah Davidson in Chicago, and ‘very knowledgeable’ Jeremy Blumenfeld in Philadelphia. In 2010 Ward Kallstrom left the firm’s San Francisco office to join Seyfarth Shaw.

O’Melveny & Myers LLP’s ERISA litigation lawyers achieved a number of important victories for its clients in 2010. The ‘excellent’ team provides its clients with keen insight into what events trigger litigation, how courts interpret fiduciary obligations, and what best practices to employ to minimize liability risk. Put simply, one client attests that ‘it is the best ERISA firm I have ever worked with’. A recent example of work the firm has undertaken is its representation of Edison International and Southern California Edison. The suit was part of a number of class actions brought by the same St Louis-based plaintiffs’ firm against companies with large 401(k) retirement plans. These cases have all generally alleged that 401(k) plans breached their fiduciary duties and committed prohibited transactions by charging excessive fees to plan participants, including through the use of retail mutual funds as plan investment options. The court had previously dismissed the vast majority of plaintiffs’ claims via summary judgment. What was left – claims that the inclusion of six mutual funds in the Edison 401(k) Plan constituted breaches of fiduciary duty and that the inclusion of a money market fund was also a breach of fiduciary duty – proceeded to a bench trial in October 2009, followed by further briefing in 2010. In the July order, the court found that the defendants did not breach their fiduciary duty of loyalty by selecting any of the six mutual funds in question. Other representative clients include Bank of America Corporation, Ford Motor Company, Fidelity Investments, Humana and Prudential. Practice chair Robert Eccles, one of the doyens of ERISA litigation, is ‘a perfect gentleman, fantastically brilliant and instills the confidence in clients that they will prevail’. He is ‘steady, prudent and a pre-eminent ERISA litigator’. Also recommended is his colleague Gary Tell, who before joining the firm, spent several years with the Department of Labor’s Office of the Solicitor, where he assisted the Employee Benefits Security Administration with investigations and handled ERISA litigation across the United States. Brian Boyle also has considerable experience in ERISA litigation.

Responsible, responsive and easy to deal with’, Proskauer Rose LLP provides an ‘excellent, knowledgeable service with depth and a wealth of experience in this area’. The 20-strong, dedicated ERISA litigation team has ‘very broad and deep expertise on the legal issues and developments in the area as well as historical and current knowledge of pension plan issues and practices. This really allows it to connect the dots quickly and gives strategic benefits over less experienced plaintiffs’ class counsel. The firm has seen its fair share of Fortune 500 companies requiring defense in bet-the-company employee benefits lawsuits. Recent cases that the firm took on where the sums at stake were on or around $1bn include Allen v Honeywell and Raetsch v Lucent. The firm has also recently represented clients in two significant stock-drop cases – Gearren v The McGraw-Hill Companies, Inc and Allen v Wachovia Corporation – which arose from the recent economic turmoil, and successfully obtained dismissal of all claims in two different Circuits. In another case, the firm represented Foot Locker Inc and the Foot Locker Inc Retirement Plan in a putative class action lawsuit relating to the conversion of the Foot Locker Inc Retirement Plan to a cash balance formula; it also assisted Citigroup in the defense of a putative cash balance class action lawsuit alleging a series of cutting-edge claims that challenged the validity and operation of the Citigroup Cash Balance Plan, including claims of age discrimination and violation of ERISA’s minimum accrual and notice rules. Howard Shapiro is ‘the kind of guy you want to listen to – he is creative, aggressive, and above all knowledgeable.His dynamism fills the room, and he always knows the answer. Meanwhile, Myron Rumeld is ‘a superb practitioner. Very smart, very practical. A real problem solver.He does not allow emotions to interfere with sound decision-making and is a good buffer between client defendant and plaintiff. He tends to want to explore settlement options if feasible and reasonable and is persistent in digging to get to essential facts. Amy Covert is also recommended.

Steptoe & Johnson LLP is an ‘excellent’ firm, with ‘great expertise in ERISA litigation. Work highlights in recent months included major victories for clients at the motion to dismiss stage in the employer stock drop arena, a victory for a leading trade association on an important ERISA pre-emption question, and a continued leading role in defense of excessive fees litigation. Specifically, the firm is representing American Express Company, its board of directors, and other individual defendants in a putative class action alleging that defendants breached their ERISA fiduciary duties by imprudently allowing the company’s 401(k) plan to acquire and hold company stock, failing to provide certain information to plan participants, and related claims. The firm also serves as co-lead defense counsel for the defendant Bear Stearns Companies Inc in the ERISA stock drop portion of the In Re Bear Stearns Companies, Inc. Securities, Derivative and ERISA Litigation. The firm also represents the Pharmaceutical Care Management Association in a case that seeks to enjoin the enforcement of a District of Columbia law that regulates certain practices of pharmacy benefit managers on the ground that the law is pre-empted by ERISA and violated certain provisions of the US Constitution. The group also recently obtained the dismissal of ERISA fiduciary breach claims alleged against the former CEO and chairman of the board of a pharmaceutical company in an employer stock drop case. Other clients include BP and the firm is ERISA fiduciary panel counsel for both Chartis and Chubb. Paul Ondrasik leads the ERISA litigation practice. He is ‘a keen intellectual who has breadth and depth in his scope of knowledge.He knows every angle of ERISA law. Eric Serron and Morgan Hodgson both have extensive experience in this area of law and are also recommended.

Covington & Burling LLP provides ‘intellectual horsepower, and incredible subject matter expertise. The firm achieved an important victory for Xerox in the Supreme Court on the role of plan administrators, secured in the Seventh Circuit the first-ever appellate decision reforming mistaken language in an ERISA plan and secured important victories in the Second and Third Circuits on ERISA § 502(a)(2) claims and class certification under ERISA. The firm also has an impressive track record in the appellate courts. The victory for Verizon defeated a claim for $2bn in additional pension benefits that included a $1.67bn drafting error. Although there was no reported case during the ERISA’s 36-year history where a court had reformed such an error in a pension plan, Jeffrey Huvelle’s team persuaded the district court to correct the error, which it did last November, in a 100-page opinion. The Seventh Circuit affirmed the decision unanimously. The firm also successfully defended UTC in a 401(k) excessive fees case, achieving one of the first victories in such a case based on a full evidentiary record, and secured a ruling by the Second Circuit rejecting such a claim. The victory for Schering-Plough in the Third Circuit in December 2009 vacated a class certification ruling, and paved the way to a favorable settlement that is currently awaiting final court approval. Individuals that are singled out for praise by clients include Thomas Cubbage, Robert Long, Eric Bosset, Robert Wick and Richard Shea. Collectively, the team has ‘a great deal of expertise and knowledge in this area.

Gibson Dunn fields ‘very smart lawyers who are responsive and produce good written work’. The ERISA group is small, but the quality of the work undertaken is irrefutably high. Of note, recently the Supreme Court granted certiorari in CIGNA Corporation v Amara. The Court will determine the showing that an ERISA plan participant must make to recover benefits based on an alleged inconsistency between the Summary Plan Description and the plan itself. The firm prepared the successful petition for a writ of certiorari on behalf of CIGNA Corporation and the CIGNA Pension Plan. In another case the team successfully brought a petition for permission to appeal pursuant to Federal Rule of Civil Procedure 23(f) in the United States Court of Appeals for the Seventh Circuit in Spano v Boeing. This petition challenges the ability of plaintiffs in ERISA cases involving 401(k) plans to obtain certification of a class under FRCP Rule 23(b)(1)(B). The group is currently representing Boeing in two other ERISA matters, Harkness v Boeing, in the United States District Court for Kansas, and UAW v Boeing, on remand to an arbitrator from the Seventh Circuit Court of Appeals in a decision issued this year. Other examples of representative work include assisting First Reserve Corporation, Hamilton Lane and New York Life on ERISA plan asset issues raised by their respective investment funds. William Kilberg is ‘especially strong on strategic and tactical thinking’ while of counsel Paul Blankenstein is ‘good on research and motion and brief writing. Michael Collins also has impressive experience in advising on ERISA cases as part of his employee benefits and executive compensation practice.

McDermott Will & Emery LLP’s Nancy Ross is ‘very engaging and experienced’. ‘She is exceptionally skilled in handling complex benefits litigation, is very practical and has in-depth knowledge of the law. Ross and her team have extensive experience representing employers, boards of directors, plan fiduciaries and trustees in pension and welfare benefit plan disputes and frequently represent directors who are named as defendants in ERISA litigation and counsel employers seeking to reduce their retiree health benefits exposure. Wilber Boies also represents benefit plan sponsors and fiduciaries in ERISA class action litigation. Several health benefits class actions he has won resulted in court-approved savings to employers valued at more than $100m, and he has defeated several class actions based on company stock price declines in benefit plans. In Orange County, Chris Scheithauer is also recommended. The firm recently secured an important victory for Chrysler when the US District Court for the Eastern District of Michigan preliminarily approved a class action settlement that resolves Chrysler’s retiree medical obligations to its union retirees and their families and won a major victory for Northrop Grumman in a high-stakes ERISA class action suit with potential exposure of more than $1bn. In another complex case, the firm recovered class action defense fees for State Street Bank. In 2010, the district judge rejected all of the plaintiffs’ arguments and ordered that State Street recover its full $2.5m of lawyers’ fees and related expenses. Other representative clients include Eastmen Kodak, Kretek International and AXA Equitable.

Sidley Austin LLP’s ERISA litigation group, led by Anne Rea, has more than 40 lawyers who devote a substantial amount of time to ERISA litigation, with a special focus on class action and other multi-party cases. The group represents employers, pension plans, board members, trustees, administrators, broker-dealers and other clients in trial and appellate courts throughout the country, including the Supreme Court. Of particular note, the firm won significant victories in an ERISA case for Exelon Corporation in the Northern District of Illinois and the Seventh Circuit and prevailed before the Ninth Circuit in a high-profile challenge to a cash balance plan adopted by the Southern California Gas Company, a subsidiary of Sempra Energy. The firm has also handled three lawsuits that challenged the design of various pension plans sponsored by Bank of America or its predecessors, and the team is representing AT&T and its Management Pension Plan in a class action raising multiple challenges under ERISA and the Age Discrimination in Employment Act to a cash balance plan conversion, including claims for age discrimination, backloading, § 204(h) notice and summary plan description disclosures, and disparate impact based on the Supreme Court’s decision in Smith v City of Jackson. Other key clients include PepsiCo, Duke Energy Corporation, Owens Corning and Tribune Company. From a talented group of partners that specialize in this area, Priscilla Ryan is singled out by her competitors for being ‘a superstar’ who has ‘great technical ability.

At Alston & Bird LLP, the ‘terrific’ Douglas Hinson is a ‘fine lawyer’ and the leader of the firm’s ERISA litigation group. He and his team’s representative experience includes serving as lead defense counsel in more than a dozen 401(k)/employer stock class actions, including matters in the Districts of Oregon, New Jersey, Maryland, Eastern Kentucky, Eastern North Carolina, and Middle Florida – winning five on motions to dismiss, defeating class certification in two and resolving all others before motions to dismiss were decided, three on terms that did not require monetary compensation to the settlement class. The firm also recently represented a major airline in multi-district ERISA class actions filed in Boston, Los Angeles, New York, Cincinnati, Albuquerque and East St Louis pertaining to the actuarial value of lump sums and alleged cutbacks in pension benefits for active and retired pilots. Patrick DiCarlo is also recommended, particularly for his expertise on the ERISA and securities issues that arise in the retirement plan context.

Groom Law Group garners high praise from its clients. The firm ‘knows its stuff, more importantly the advice it provides is practical and tailored to our unique circumstances.Advice and more importantly, results are exceptional. ‘ Michael Prame, who ‘is without question one of the best litigation strategists’, leads a team which includes the talents of Gary Ford, Thomas Gigot, Lonie Hassel and Lars Golumbic. ‘ Ted Scallet has a rare skill among attorneys; he understands the objective and is always thinking ahead three to five steps whenever working through an issue or situation. Recently, the firm obtained dismissal of a putative nationwide class action lawsuit against Paychex challenging its receipt of fees from mutual fund companies in which Paychex’s 401(k) plan clients invest. The firm is currently defending a putative class action lawsuit against New York State United Teachers (NYSUT) and the NYSUT Member Benefits Trust challenging the receipt of fees in connection with an endorsement of a particular group annuity product.

Jones Day’s practice head Evan Miller and Steven Sacher are the firm’s ERISA litigation big hitters. The group has been busy, and recent representative highlights include representing Paris-based energy company TOTAL, SA and its US-sponsored pension plan in putative class action under ERISA. The firm is also representing Xerox Corporation and several officers in a putative class action alleging breaches of fiduciary duty and asserting a claim for benefits in connection with changes in the benefit structure in a retiree health care plan. The firm is also currently acting for retail company Macy’s Inc, its board of directors, and certain senior executives in a putative class action under ERISA. In this case, the plaintiffs claim that the defendants violated fiduciary duties under ERISA in connection with notice to retirees of pension amounts.

Paul, Weiss, Rifkind, Wharton & Garrison LLP is a ‘terrific’ firm, which is ‘cost effective, and fields excellent talented lawyers. Lewis Clayton ‘is one of the best.He is not just analytically smart, but also has sound judgment’, and is building a national reputation for the work he is undertaking in New York. Recently, he and his team achieved a victory for Citigroup, CGMI and certain Citigroup directors in a putative class action brought by current and former employees of Smith Barney alleging that certain provisions of their employment agreements with Smith Barney violated California’s Unfair Competition Law. The firm also advised Conexant, a semiconductor manufacturer, in an ERISA suit and securities fraud class action challenging disclosures related to the integration of an acquisition. In addition, the firm assisted AIG in an ERISA stock drop litigation that was settled and ING in an ERISA class action which is pending in federal court in New York.

Seyfarth Shaw is ‘at the top in terms of technical expertise and it doesn’t back down or give up’. The firm boosted its ERISA litigation capability at the end of 2010 with the hire of Ward Kallstrom from Morgan Lewis. The firm has recently handled a range of ERISA class actions, including stock drop litigation, cash balance and other pension plan design cases, 401(k) plan fees litigation, and retiree medical benefits litigation. Brian Cousin and Ian Morrison’s group has also developed an expertise in challenging withdrawal liability assessments under Title IV of ERISA. ‘The overall level of service is outstanding’. It has high in-depth knowledge of the specific technical area, its advice has been balanced, its written motions are phenomenal and it is very thorough in preparing witnesses’. Examples of the caliber of client that the firm assists include Accenture, Alliant Energy Corporation, BP Corporation North America, Caterpillar, Chartis Insurance, Kraft Foods Global, Motorola and Solar Turbines. Ronald Kramer and Neil Capobianco are also highly recommended.


Immigration

Index of tables

  1. Immigration
  2. Leading lawyers

Leading lawyers

Berry Appleman & Leiden LLP is an immigration law powerhouse, and fields over 280 professionals from offices in Atlanta, Dallas, Houston, McLean, New York, San Francisco and Washington DC. The firm is highly praised by clients and competitors alike. ‘We receive phenomenal service from BAL. Its professionalism, responsiveness, breadth of knowledge, industry/policy knowledge, and general savvy makes it an invaluable partner’. ‘The value added service we receive from BAL is unbelievable’. ‘I have found its service to be far superior than that of other firms we have used. It is as though it is an extension of our company’. ‘In terms of responsiveness, confidence and customer service, there is absolutely no comparison to our positive experience with BAL’. The firm’s primary focus is to ease the workload of human resources departments and accelerate the employment prospects of foreign nationals. As an example of the firm’s capabilities, it recently led the intake of immigration casework resulting from a multibillion-dollar acquisition by one of Silicon Valley’s largest software publishers. This acquisition presented an especially challenging timeline due to the impending close of the prior corporation’s legal entity. The intake required a total of 850 new filings made within weeks of the acquisition. A particular strength in Washington is the government relations practice which represents clients before Congress and the executive branch agencies, to address problems that can only be resolved at policy level. Washington DC partners also specialize in “additional” services when complex or high-priority individual cases are not being resolved through the regular government adjudications process. Of particular note, Warren Leiden is ‘very knowledgeable, reliable, and is expert with communicating complex immigration issues, challenges to employees and managers’, while ‘ Jeremy Fudge’s ability to speak in layman’s terms to employees, while still calming their fears or reassuring them of a course of action, is unparalleled. He is our secret weapon in disarming difficult employees or resolving “impossible” situations’. Daryl Buffenstein is very highly regarded and Frieda Garcia is ‘an expert in her field’.

Fragomen, Del Rey, Bernsen & Loewy is ‘excellent’ and clients attest it ‘is considered a premier law firm with many offices, large staff of lawyers and very well-respected in the field of business immigration’. The firm is another giant in the US and global immigration law market and employs over 1,000 legal and immigration professionals worldwide. It advises on every aspect of this speciality, whether a client requires assistance in addressing compliance issues, benchmarking against industry standards, assessing the immigration impact on a corporate reorganization, or determining whether a business visa is an appropriate option. In addition to providing clients with immigration services, the firm also has dedicated practice groups that deal with compliance, export controls and investment visa services. Managing partner of the firm’s Northern California practice, Cynthia Lange leads the firm’s high-tech practice. In New York, Michael Patrick is highly regarded, not just for his private practice, but also for pioneering the development of the firm’s pro bono practice that includes immigration advocacy and support for Sanctuary for Families, and the establishment of the firm’s partnership with the New York City Bar Justice Center, providing support to low-income families with immigration matters. Andrew Greenfield is the managing partner of the firm’s Washington DC office. He and his team recently partnered with a multinational financial management consulting firm with over 15,000 employees to establish a worldwide immigration program centrally managed from Washington DC, with regional centers in Asia and Europe. The team also successfully represented a global professional services firm charged with citizenship status discrimination before the Department of Justice’s Office of Special Counsel for Unfair Immigration-Related Employment Practices. In Philadelphia, office managing partner Jonathan Adams is also recommended, particularly for his experience in global workforce mobility. His recent casework includes the integration of over 1,000 foreign workers employed in the United States to new US employers, following the dissolution of one of the country’s largest companies. Michael Turansick is also highly regarded.

Baker & McKenziehas the right mix of knowledge and experienced team members’ and the firm’s lawyers are ‘knowledgeable, very responsive and produce excellent results’. In December 2009, the firm’s immigration practice welcomed Paul Virtue, formerly the Executive Associate Commissioner and General Counsel of the US Immigration and Naturalization Service under the Clinton Administration and then a leading practitioner at what was Hogan & Hartson LLP. The firm has designed an immigration service model to address the trend of heightened regulatory scrutiny and the needs that its clients identified as essential to their business operations, including top performance levels, one-stop account management, customized IT solutions, and 24/7 access to its people and resources. Representative work and key client lists are impressive. The firm represented Intelsat in obtaining federal legislation allowing the newly privatized entity to retain special international-organization visas for its managerial and special skills employees, and continues to assist in the regulatory implementation of the new law, conforming company immigration practices to its new privatized status, and provides ongoing global migration services to the new entity. The firm was also selected to manage Invensys’ worldwide immigration program, including visa and work permit filings in 60 countries. Another example of the work the firm has undertaken is its representation of Radio Free Europe/Radio Liberty. The firm advised the federally-funded broadcasting organization on the implementation of special legislation that provides US permanent resident status for broadcasters, many of whom have risked their lives to bring unbiased news reporting and commentary from war zones. Elizabeth Espin Stern leads the worldwide immigration practice. She has ‘high level understanding of the domestic immigration structure and is able to advise on all situations’ and is ‘not only a great technical lawyer, but a great business person’. The ‘quite outstanding’ Carl Hampe, who has ‘excellent knowledge and experience’, and Betsy Morgan, a founding member of the firm’s global migration and executive transfers practice, are also highly recommended.

Founded by name partners Charles Foster and Gordon Quan, Foster Quan, LLP is an immigration law boutique that has offices in Houston, Austin, Mexico City, San Antonio, Rio Grande Valley and Washington DC. With regard to US immigration, the firm offers a broad range of services, including advice on temporary work visas, US Permanent residency, litigation, and naturalization and citizenship. The firm’s global immigration practice covers work authorization, international business traveler services, and global immigration compliance management. The firm is also well versed in employer compliance, advising on E-Verify assistance, Form I-9 audits and employer sanctions. Based in Houston, Rebecca Burdette, Kelly Cobb and Robert Loughran are all recommended.

Greenberg Traurig LLP’s full-service business immigration and compliance group represents businesses, organizations and individuals from around the world. ‘Service is consistently excellent and the team has in-depth knowledge and provides quick response time and superior customer service’. ‘This is a thoroughly professional and knowledgeable team that has consistently served my company and helped us achieve our immigration goals. I also use it to coordinate some outbound work as I have global responsibility for the immigration function and have been very satisfied with its global partners as well’. The group has extensive experience in advising multinational corporations on a variety of employment-related issues, particularly I-9 employment eligibility verification and Department of Labor H-1B audit matters. The business immigration and compliance practice group regularly develops immigration-related compliance strategies, programs and training as well as internal I-9 compliance reviews. The group also counsels on a variety of I-9 issues including penalties for failure to act in accordance with government regulations, anti-discrimination laws and employers’ responsibilities upon receiving social security number “no-match” letters. In addition, the group has successfully defended businesses involving large-scale government raids and audits. Clients include businesses across industries including national fast food chains, restaurants, landscape, construction, pallet manufacturing, agricultural, defense contractors, apparel, and pharmaceutical companies in both internal and government audits. Recent examples of work undertaken include the representation of TechServe Alliance against the United States Citizenship and Immigration Services and Homeland Security over the new H-1B rule applying to staffing firms. Laura Reiff is ‘professional, comprehensive and client oriented’. She is also ‘an expert on business immigration and the most knowledgeable partner on legislative activities that impact business goals and hiring & retaining foreign nationals in the US’. Dawn Lurie, Patricia Gannon and the ‘excellent’ Martha Schoonover are also all highly regarded.

Paul Virtue’s departure to Baker & McKenzie was a definite loss for Hogan Lovells US LLP. However, the newly merged firm continues to attract impressive instructions from high-caliber clients, who attest that it provides ‘an outstanding service’. ‘The timeliness of this group’s response is always excellent and its substantive knowledge is fantastic’. The firm serves as immigration counsel to US and multinational clients, including large corporations, hi-tech and internet startups, universities, non-profit organizations, sports teams, hospitals, governments and individuals. The firm regularly handles large, varied, and complex legal matters and has excellent relationships with representatives from the US departments of Homeland Security, State and Labor, as well as US embassies and consulates. Examples of key clients include Cadbury, the European Aeronautic Defence and Space Company, Daimler Trucks North America and Dr Pepper Snapple Group. Recently, on behalf of its client Kroenke Sports, the firm assisted professional sports teams Colorado Avalanche (NHL), Denver Nuggets (NBA), Colorado Rapids (MLS), Colorado Mammoth (NLL), and Colorado Crush (AFL) regarding immigration matters, including obtaining expedited P-1 status for key players and support personnel, as well as advising Colorado Rapids on its relationship with Arsenal FC in the UK. In another high-profile case following the acquisition of Cadbury by Kraft Foods, the firm provided advice regarding necessary filings under the US immigration laws as a result of the transaction. It also provided advice for affected employees to ensure that the company could maintain critical employee sponsorships. The firm also assisted Gamesa Corporacion Technologia with the transfer of key employees to provide critical services in the United States on an expedited basis. The firm obtained approval of an L-1 blanket petition amendment to facilitate the transfer of employees to its US operations and facilitated sponsorship for critical employees for permanent resident status. Co-chairs of the immigration practice group, Beth Peters and Aleksandar Dukic remain popular with clients. The former ‘is particularly impressive. Her knowledge of the law and contacts within the industry are superb’, while the latter is ‘very service-oriented’ and provides ‘a high level of skill, knowledge and practical advice’.

Kramer Levin Naftalis & Frankel LLP continue to impress both its clients and competitors with the quality and caliber of its work in the immigration field. ‘Between the attorneys’ knowledge, attention to detail, and strong customer service, clients can rest assured that their cases are being handled by the best immigration attorneys in the business’. Its ten lawyers regularly advise on the cross-border hiring and transfers of professionals, managers, executives, investors and persons of extraordinary ability. The team works seamlessly with its firm’s employment law, employee benefits, and tax law groups to provide a comprehensive solution to its clients’ cross-border needs. Of particular note, the firm actively represents high-net-worth foreign national investors in seeking immigration status based on their substantial investments in their own enterprises or in special pre-approved investment vehicles. The firm is also involved in the development of immigration law and policy, having proposed, analyzed, and commented on immigration reform measures to Congressional Committees, legal and business groups, and leading US and international universities. Clients include Time Inc, Time Warner Cable, Banco Santander, Euro RSCG New York, Nomura Holding Corporation and the Manhattan Theater Company. The firm is known for bringing leading artists into the country for both short and long-term engagements, most recently the cast of and technical staff for the theatrical productions of “Billy Elliot”, “Brief Encounter”, “Mrs Warren’s Profession” and “A Behanding in Spokane”. In addition, it recently represented a global insurance company in its compliance with immigration requirements when it acquired the life insurance unit of a leading competitor, and assisted a top ten global financial institution in its immigration matters, when it acquired a regional bank with approximately 10,000 employees. Theodore Ruthizer is ‘extremely knowledgeable about immigration law, frequently provides me with personalized information, updates, and advice, and is very responsive’. Mark Koestler and Matthew Dunn are also highly recommended.

Morgan Lewis offers an interdisciplinary perspective that stresses the synergy between a multinational corporation’s immigration program and its other essential operations, including internal employment policies, corporate compliance and governance, plans for expansion, corporate development, and growth. It provides ‘a high level of service, is always responsive, available when needed and thorough’. ‘I would highly recommend it to any corporate client that wants to outsource and trust the firm with its immigration/visa requirements’. Also of note, the firm has strong relationships with senior government officials in Washington DC, in all agencies that deal with immigration including the Department of Labor, the State Department and the Department of Homeland Security, and continues to maintain a growing US visa practice that has developed creative alternatives for employers seeking visas for foreign talent and shortage occupations. It also has an innovative immigration compliance practice that is at the forefront of I-9 and E-Verify worksite counseling and support. The firm also represents clients who are facing immigration-related government charges, teaming up with its colleagues in the labor and employment and white-collar litigation practices as needed, to ensure that the firm’s clients’ interests are protected. Recently, the firm has taken on more responsibility for managing Apple’s global immigration program, and is working more closely with the Apple M&A group. The firm functions as part of the company’s M&A team to review and conduct due diligence on talent, ensure that deals are structured in a way that provides access to and successful integration of that talent. Other representative work highlights included providing immigration counseling for pharmaceutical, medical device, and medical technology companies including Integra Life Sciences, B Braun Medical and Aesculap. Further high-profile clients include DHL and Toyota Motors of North America. The much-admired corporate immigration practice leader Eleanor Pelta is president-elect of the American Immigration Lawyers Association (AILA). Her talented team includes Eric Bord and Lance Nagel. James Vazquez-Azpiri ‘translates legal jargon in simple easy to understand terms to our executive levels’.

Although Proskauer Rose LLP’s corporate immigration team is very small, with only one partner and two senior/special counsel, the quality of the work the firm undertakes makes it a serious player in this market. The service provided is ‘excellent – responsive, effective, efficient, honest, direct, accurate and successful’. Representative work included advising QCE – LLC, a fast food franchise which is the second largest submarine sandwich shop in North America, in connection with ongoing senior staff transfers and hires, particularly cross-border between Canada and the US. It is also currently assisting the executives and non-resident professional employees of HSBC Bank and other related entities throughout the US, in immigration and nationality law. The firm represents clients from a broad range of sectors – from financial services to hospitals, fashion and retail to pharmaceuticals and media to museums and galleries. Key clients include Polo Ralph Lauren, The Frick Collection, Calyon, UBS and The New York Times. Head of practice David Grunblatt has specialist knowledge of the I-9 and E-Verify programs, as well as other recordkeeping and compliance programs necessitated under Immigration and Nationality Law and complex immigration issues resulting from mergers, acquisitions and other corporate changes. He is the attorney of record for the US Chamber of Commerce E-Verify litigation team. ‘ David Grunblatt is constantly concerned with the best interest of our company and expends a tremendous amount of effort to achieve success. He is able to foresee obstacles that may arise, weigh the alternatives and recommend the course of action that will help us achieve our goals’. ‘We are constantly awed by his immigration knowledge and ingenious solutions to complicated situations’. ‘His wealth of knowledge and wise disposition is a true asset to our company’. Special immigration counsel Avram Morrell is also recommended.

Seyfarth Shaw prides itself on its national thought leaders and technology savvy partners, who invest time and resources developing immigration management programs. The firm operates with the focus of a boutique-style immigration firm, while practising in all areas of immigration law. In addition, it is backed by one of the country’s leading labor and employment practices. Recent representative work highlights include advising Kiewit Corporation; the company implemented an electronic I-9 software program to avoid I-9 errors and the related fines. When it became clear that there would be a material delay in the roll-out of the software, the firm stepped in to fill the gap by quickly deploying a secure extranet that allowed the client to submit I-9s to the firm for real-time audit, review, and E-Verify submission. Over the course of 7 months, the firm reviewed the I-9s and trained approximately 100 individuals within the client organization to properly handle I-9s. Another case in which the group showed itself to be adept at problem solving was when the firm was able to obtain a ‘second passport’ for Metso’s global sales manager when travel commitments made it impossible for him to obtain a Brazilian business visitor visa on his first passport. From Atlanta and Boston respectively, James King and Russell Swapp co-chair the corporate immigration group. The latter is ‘both very knowledgeable and can explain the rules and provide practical guidance in a very comprehensible way’. Dyann DelVecchio is also recommended. She is the chair of AILA’s national F-1 Student & Scholar Committee. California-based Angelo Paparelli has an impressive reputation; he was the recipient of the 2010 Edith Lowenstein Award for advancing the practice of immigration law given by the AILA.

Akerman Senterfitt’s Michael Benchetrit and Thomas Raleigh co-chair the immigration planning and compliance practice. ‘The overall service levels are outstanding. Quick response times, knowledgeable staff with good people skills are the hallmarks of the firm’. The firm deals with all immigration issues, but specializes in representing multinational corporations and foreign clients in US inbound investment, including the relocation of operations or investment in US businesses. Raleigh is ‘a thoughtful and skilled legal professional with a genuine interest in his clients’. ‘He has provided peace of mind for an international company with little experience in the USA’. Of note, the firm has particular expertise in the healthcare and hospitality industries, providing clients with specialized expertise in immigration-specific matters, and advising seasonal resorts on hiring temporary workers in the H-2B category. The firm also has a specialized multi-practice EB-5 team, representing high-net-worth foreign national entrepreneurs and investors in the planning, managing, and filing of specialized petitions in the EB-5 immigrant investor category. Highlight work included the representation of a major European airline with respect to non- immigrant petitions (H-1B) and labor certification/immigrant visa petitions for senior executive based in the United States. The firm was also involved with the planning for the transfer of senior management into the US as part of a corporate affiliation with two other major international airlines. The firm also represented the Institute of Internal Auditors Inc with respect to non-immigrant (H-1B) petitions and labor certification/immigrant visa petitions for professional positions and general immigration counsel provided to its human resources personnel. Barry Gleen left the firm to join Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP.

Fisher & Phillips provides complete end-to-end case management to ensure that global expatriate and non-local staff maintain proper immigration status throughout the duration of their employment. It does this by utilizing specifically designed software for case initiation, data-intake, case-tracking, and calendaring of expiration dates. This software allows the firm to track immigration processes for any country in the world. The firm specializes in advising employers on all areas of US business immigration law. It assists employers in obtaining nonimmigrant visas for professionals, intra-company transferees, research scholars, traders and investors, trainees and agricultural workers. It also assists employers seeking to sponsor employees for permanent residence, guiding them through the process from labor certification through adjustment of status or immigrant visa processing at a US Consulate or Embassy. The firm has extensive experience with Priority Worker permanent residence petitions and National Interest Waiver cases, and advises clients on possible avenues to avoid the cost, time and risks associated with labor certification. The firm also provides assistance to clients with respect to their global immigration needs, including obtaining visas for US workers being transferred abroad, as well as assisting in the transfer of key personnel from one country to another anywhere in the world. The firm also offers to review clients’ practices for verifying the work authorization of employees. This includes precautionary I-9 audits, representing clients in audits by the Department of Labor, and defending claims of immigration-related discrimination. Kim Kiel Thompson is chair of the firm’s global immigration practice group. Sarah Hawk is also a key contact at the firm.

Ford & Harrison LLP is another large labor and employment law boutique that has 19 offices across the US. The firm’s immigration practice group is dedicated to advising clients on the hiring or transferring of foreign employees in compliance with the Immigration Reform and Control Act. Its immigration lawyers provide a full range of services to clients, including start-up immigration and employment law advice for new companies; volume immigration management; temporary employment visas; permanent residence; citizenship and naturalization; consular processing; international visa services, visa revalidation and reentry permits; consulting with tax and employee benefits specialists on expatriate issues; I-9 compliance training and audits; and administrative appeals and litigation. The firm recently registered a British-owned multinational derivatives trading company at the American Embassy in London for issuance of E-2 Treaty Investor visas. The firm also recently provided immigration advice to a multinational industrial company and its tax advisors to develop a policy for implications of US departure tax on long-time permanent residents, who would relinquish green cards upon repatriation or retirement overseas. It also developed strategy and exposure analysis for an IT staffing company to remedy noncompliance with USCIS and DOL H-1B regulations. Key clients include Imerys Pigments Inc, Balfour Beatty plc, Mitsubishi Power Systems and Votorantim Cimentos North America. Atlanta-based Joycelyn Fleming and Charles Roach in Minneapolis are both highly experienced immigration practitioners, and are recommended.

On an annual basis Alston & Bird LLP’s immigration team, ably led by Eileen Schofield handles over 1,000 immigration cases for 120 companies and nationals from over 40 countries. The firm provides immigration-related counsel for multinational corporations, medical, financial and academic institutions, information technology providers and users, foreign investors, performers, professional athletes, manufacturers and individuals from many countries. It regularly establishes corporate policies and procedures in ongoing, restructuring and transactional situations, to both comply with the law and prepare for sensitive internal and external investigations related to hiring procedures, I-9 compliance, employment of foreign nationals, IRCA compliance and Office of Special Counsel national origin discrimination issues. It also addresses issues of philosophy, record keeping, documentation, compliance, documented use, penalties and enforcement. Representative recent experience includes handling over 30 workplace raids by the Department of Homeland Security and providing immediate and hands-on advice during actual raids, as well as follow-up, and managing over 15 Social Security Administration audits within the last two years. On national and state levels, the firm provides legislative advice and drafting expertise on proposed legislation related to employers, employer compliance and employer sanction issues. Clients include K Mart, UPS, Itron, The Ritz-Carlton Hotel Company and Duke Energy.

Arnall Golden Gregory LLP now has offices in both Atlanta and Washington DC. The firm’s immigration practice focuses on the representation of foreign owned corporations in the US, both immigrant and non-immigrant visa processing for businesses and families (temporary work visas and green cards), EB-5 Investor Visa Processing, the immigration consequences of mergers and acquisitions, and immigration reform and control act compliance. The firm’s immigration group collectively speaks Cantonese Chinese, English, French, German, Gujarati, Hebrew, Hindi, Korean, Mandarin, Russian and Spanish, so is able to offer effective multilingual service in support of its immigration law expertise. The firm’s global client list includes Heidelberg, a solutions provider for the print media industry with nearly 25,000 employees in 170 countries, and Porsche Cars North America, the exclusive importer, marketer and distributor of Porsche automobiles for the United States. Teri Simmons and of counsel Stephen Pocalyko are highly regarded.

Duane Morris LLP is a full service law firm that has 24 offices across the US and internationally. In Washington DC, Denyse Sabagh has an enviable reputation for her immigration and nationality law and litigation expertise. Her team helps corporate clients manage both inbound and outbound employment immigration and she is a recognized leader in developing strategic business immigration programs and policies. The firm’s immigration practice group serves a diverse group of clients including multinational and Fortune 500 publicly-traded corporations, medium-sized privately-held companies, and smaller sized start-up ventures. Its attorneys have experience in a wide range of industries, including information technology, biotechnology, security, telecommunications, manufacturing, retail, market research, banking, shipping, healthcare, entertainment and food and beverage. In addition, it represents numerous universities, embassies, religious organizations, and other non-profit entities, as well as individuals, with their immigration needs. It also handles immigration-related litigation and government compliance matters. In 2010, four partners joined the firm’s Miami office from Epstein Becker & Green, P.C., including immigration specialist Hector Chichoni, who has considerable experience representing healthcare organizations, Fortune 100 and Fortune 500 companies, multinational corporations and universities, doctors, professors, researchers and students. Chichoni handles international matters relating to export controls, customs, and global corporate compliance and business transactions.

McDermott Will & Emery LLP’s immigration practice provides a highly effective business immigration service, much of it related to corporate transactions with an immigration dimension, as well as ongoing counseling and compliance. ‘The overall service is excellent, knowledge is outstanding and response time is rapid. It is a complicated and constantly changing field and I feel it gives us great advice and offers a great service and is always on top of the issues’. The firm’s approach to client service emphasizes the efficient and flexible handling of matters while working cooperatively with its clients’ human resources and legal staff. Practice leader Joan-Elisse Carpenter ‘is always personally available and has always done an excellent job’. She is available and accessible for every client and makes a point of reviewing every document. Recently, on behalf of Studio Daniel Libeskind, the firm successfully obtained an extraordinary ability immigrant visa petition approval for a leading architect who had struggled to obtain US Citizenship & Immigration Services approval. Other clients include CBS Corporation, The Clinton Foundation, CVT Productions, HSH Nordbank, Petroleum Industry Research Associates and the Vaccine and Gene Therapy Institute in Florida.

Troutman Sanders assists with the transfer of international business personnel for US and foreign companies, the defense of corporations charged with employer sanction violations, training of HR personnel, the acquisition of work visas, labor certification, permanent resident status, and citizenship in the United States, as well as the representation of corporate clients and individuals before various administrative agencies and in the federal courts. Clients include WorldSpan, Holiday Inn, Takahashi Works, TRAX and Mitsubishi. Mark Newman heads the team from Atlanta. He served as lead counsel in the federal class action proceedings to acquire lawful permanent residence for more than 100,000 Cubans. Newman is a member of the AILA, where he served as chairman of the Atlanta district director’s liaison committee. In New York, Susie Kim represents members of the multinational business community in bringing employees into the US and establishing new business enterprises in the US. Virginia Beach-based partner Thomas Klein specializes in government agency law and relations, including general immigration matters. He formerly served as general counsel to the Senate Committee on Foreign Relations, and has specific and in-depth knowledge of consular processing and State Department procedures.


Labor and employment litigation

Index of tables

  1. Labor and employment litigation
  2. Leading lawyers

Leading lawyers

Gibson Dunn handles highly complex, sensitive and challenging labor and employment law disputes for its clients. Although smaller than many practice groups in the table, the team undertakes undeniably impressive work and is described by its competitors as, quite simply, ‘off the charts brilliant’. A recent example of the ground-breaking cases the firm has won include its representation of UPS; the firm led the world’s largest package delivery company to a sweeping victory in which it persuaded the Third Circuit to reverse a district court order certifying the largest class in the history of the Americans with Disabilities Act. The firm also recently successfully defended its client’s “Wellness” Initiative in the nationally watched case Rodrigues v EG Systems, Inc (Scotts Lawnservice), and obtained the reversal from the Ninth Circuit Court of Appeals of a decision from the US District Court for the Central District of California, which had vacated an award in favor of Hawaiian Airlines before the Hawaiian Airlines System Board of Adjustment. The firm is currently representing Marie Callender Pie Shops in five separate class actions involving wage and hour issues, including cases pending in Ventura, Orange and Los Angeles superior courts and federal court in San Diego. It is also assisting Enterprise Rent-A-Car Companies, the largest rental car company in North America, in multiple nationwide wage-and-hour class actions coordinated by the Judicial Panel on Multidistrict Litigation. Other clients include Tenet Healthcare, Transamerica Corp, Weight Watchers and EXI Parsons Telecom. The co-chair of the labor and employment practice group Eugene Scalia has a particularly impressive market reputation. He ‘brings brilliance with his insights’, and ‘has a remarkable ability to see the issues clearly’. The newly appointed co-chair of the practice group Christopher Martin, William Kilberg, Baruch Fellner and Jason Schwartz are also highly recommended. In 2010, former co-chair of the group William Claster was appointed as a judge of the Orange County Superior Court. In 2011, Los Angeles-based Jesse Cripps was promoted to the partnership.

With acknowledged expertise in both traditional labor and employment law, Jones Day has an extremely impressive spread of talented litigators across the US, and fully deserves its national reputation for excellence in this field. The firm currently represents Bloomberg in a class action case brought by the United States Equal Employment Opportunity Commission and by six individual plaintiff-intervenors, and recently obtained summary judgment on behalf of IBM as to the claims of a plaintiff seeking to represent a statewide class of California IT workers. Also of note, the firm is defending AstraZeneca in several pharmaceutical industry class actions in which plaintiffs contend that the company misclassified pharmaceutical sales representatives as exempt from state-law overtime requirements. In addition, in another leading case, in 2010 the US District Court for the Eastern District of Missouri ruled in favor of the firm’s client McDonald’s Corporation, denying the plaintiffs’ motion for class certification in a putative state-wide wage-and-hour class action. Other representative clients include Hilton Worldwide, US Steel Corporation, CBS Corporation (formerly Viacom) and Abbott Laboratories. The ‘very bright’ Lawrence DiNardo is a ‘great lawyer’ and is the global head of practice. He has tried more than 35 cases to verdict before juries around the US and handled an equal number of cases before federal and state appellate courts. Glen Nager chairs the firm’s issues and appeal practice and has experience of appearing before the Supreme Court, as well as other appeals in employment law. Curt Kirschner is recommended for his ‘ability to communicate, writing skills and responsiveness’. Michael Gray is passionate about his work and is a leader in the area of electronic discovery. Mathew Lampe speaks throughout the country on employment-related topics, including class action defense and wage and hour compliance. Ronald Johnson is recommended for his experience relating to the transportation sector. He has argued dozens of federal appellate matters for railroads, including a case before the US Supreme Court on behalf of the railroad industry. The firm recently welcomed two new partners, Rick Bergstrom in San Diego from Morrison & Foerster LLP and Railway Labor Act expert Donald Munro in Washington DC, who was previously at Goodwin Procter LLP.

Joseph Costello’s labor and employment litigation team at Morgan Lewis is held in the very highest esteem by its clients. ‘Impeccable service with great results’. ‘It has the deepest “bench” of first-class labor lawyers and employment litigators in the US’. ‘It rates higher than other law firms in terms of skills, abilities, response time and bench strength’. ‘Excellent response times, appropriateness of advice, excellent business acumen and industry knowledge’. Recent highlight work includes concluding a successful representation of Stewart Business Systems, a seller/servicer of office equipment, in a lawsuit in New Jersey state court against Atlantic Tomorrow’s Office and 19 former Stewart employees and, in a victory for client Rolls-Royce, a federal court in Indianapolis issued a decision denying class certification in Randall v Rolls-Royce Corporation, a gender discrimination class action that advanced a novel theory for class-wide liability based on the Lilly Ledbetter Fair Pay Act. From Washington DC, Grace Speights ‘is the best when it comes to litigation strategy, particularly in EEO litigation and in dealing with EEOC matters. Grace is brilliant at client relations. Her level of experience cannot be matched. She wins instant respect from executives she deals with’. Indeed, ‘the Washington office team is very closely connected with officials at DOL, NLRB, and EEOC and is highly regarded by officials inside these agencies, which is a great asset in dealing with agency investigators’. Michael Banks is a ‘subject matter expert who is driven to get positive results’, while Nina Stillman is ‘a highly skilled lawyer who can provide legal advice efficiently and accurately. She identifies issues, always assists us in getting to the “right” answer and does so efficiently and effectively. Nina can do more in a 15 minute phone call than most practitioners can do in a day’. ‘She works passionately for her clients and is practical and business minded’. In addition to obtaining several summary judgments, Melinda Riechart has tried to judgment or arbitrated 14 cases over the last 15 years and prevailed on all employment issues in each case. Also highly regarded, New York-based Samuel Shaulson is co-chair of the firm’s financial services employment law practice. Robert Smith and Clifford Sethness are also highly recommended. In 2011, Ira Rosenstein joined the firm from Orrick, Herrington & Sutcliffe LLP.

The attorneys at Paul, Hastings, Janofsky & Walker LLP are ‘excellent; very knowledgeable pragmatic’, and ‘are highly intelligent, experienced, organized and dedicated to representing clients’ interests’. Recently, the firm prevented a conflagration for Cintas; a series of discrimination class actions challenged almost every conceivable personnel practice on behalf of minority and female applicants and employees at more than 400 facilities across America, potentially exposing the employer to more than a billion dollars in damages. In 2010, the team won summary judgment in the same case on the claims of the final remaining named plaintiff and entry of costs in favor of its client. The firm is also handling collective actions for Dollar Tree Stores, and won a critical victory for GSK in a putative nationwide collective action under the Fair Labor Standards Act filed in the US District Court for the District of Arizona. In another high-profile, case the firm is representing MXenergy in one of the first cases arising under the Genetic Information Nondiscrimination Act. Nancy Abell, global chair of the firm’s 180-lawyer employment law department ‘is a strategist’. ‘She is very bright and brings a graceful presence to proceedings, which is remarkable’. Highly regarded Barbara Brown is chair of the 25,000 member labor & employment law section of the American Bar Association. Heather Morgan focuses on nationwide discrimination class actions, and has particular expertise on employee privacy issues and complex electronic discovery requirements and processes, while Leslie Abbott has significant experience in wage and hour law. Elena Baca has successfully defended clients at trial and in arbitration forums against disability, age, national origin, race, retaliation, sexual harassment, and wage and hour claims, and Kirby Wilcox has defended dozens of equal employment opportunity and wage-and-hour class actions. Jeffrey Grube’s strengths are in disability accommodation, wage and hour class actions, independent contractor agreements, sales commission disputes, wrongful termination, and equal employment opportunity litigation. Also highly recommended are Stephen Berry in Orange County, and trade secrets expert Bradford Newman in Palo Alto.

At Proskauer Rose LLP, ‘the level of service provided is second to none. Response times are immediate, industry knowledge is keen and advice is appropriate’. The firm continues to shape the law at local, state and national levels. Hot on the heels of the firm’s success in 14 Penn Plaza v Pyett, it handled Hoffman v Parade Publications, et al, which was decided in July 2010 by the New York State Court of Appeals in favor of its client. The firm has also taken on numerous class actions. In Edwards vs PCF, the firm secured the denial of class certification to a group of current and former newspaper deliverers, who accused PCF of classifying them as independent workers and requiring them to sign independent contractor agreements, despite the fact that they were allegedly treated like company employees. The firm is also representing the Royal Bank of Scotland in multiple lawsuits, including three putative class actions filed under the Fair Labor Standards Act and various state laws, alleging that bank branch employees were not paid overtime when they worked more than 40 hours a week. Co-chair of the practice Paul Salvatore is ‘knowledgeable, accessible, and reasonable. We are able to reach out to him for expert advice at any time and he handles it as if we are his sole client. He provides a superb service’. His fellow co-chair Elise Bloom is ‘great in the courtroom and is very knowledgeable. She is also very good at giving solid, practical advice on what approaches should be taken in litigation, and why. She makes a budget and lives by it, and knows how to keep costs in check’. Meanwhile ‘top-flight lawyer’ Bettina Plevan ‘is an icon’, and Howard Ganz is ‘responsive and smart’. Joseph Baumgarten ‘understands our business needs and gives practical legal advice to help us meet those needs’. Kathleen McKenna ‘is a very strong litigator who is excellent on her feet and always has a deep grasp of the facts and the relevant law’. Lawrence Sandak ‘is extremely knowledgeable, smart and savvy’. Jeremy Brown is also recommended. The labor and employment team recently welcomed Scott Faust, who was previously at McDermott Will & Emery LLP, and Nigel Telman, formerly at Sidley Austin LLP.

O’Melveny & Myers LLP is another firm that has a small but cutting-edge labor and employment litigation team. ‘The firm has provided us with uniformly timely and excellent guidance and advice. The lawyers have a unique understanding of how our industry operates, and the counsel they give us reflects that knowledge’. ‘The individual lawyers with whom we most often work grasp the issues the company is facing very quickly, and offer practical solutions’. An example of its tenacity was its representation of FedEx Ground Package System, in multidistrict litigation where its classification of its pickup and delivery personnel as independent contractors (as opposed to employees) has been challenged by plaintiffs in dozens of cases implicating thousands of pickup and delivery personnel nationwide. The firm successfully defeated numerous class certification motions, and recently succeeded in obtaining summary judgment in 21 of the cases along with a holding that the class members (thousands of delivery personnel) were independent contractors (and not employees). Other highlight work included representing Delta Air Lines in a matter against the Association of Flight Attendants-CWA in the Eastern District of New York, and acting for Hershey in a nationwide wage and hour collective action under the Fair Labor Standards Act, and a class action under California law seeking recovery for overtime, lost meal and break periods, alleged paycheck irregularities, and other supposed wage and hour violations. The firm also won a sweeping victory in the US Court of Appeals for the Fourth Circuit for clients US Airways Group and US Airways in a groundbreaking Railway Labor Act case. The firm focuses on developing areas of the law and is currently representing employers in disputes regarding theft of confidential and proprietary information and trade secrets by former employees including the investigation of alleged information thefts. Framroze Virjee, Robert Siegel, Jeffrey Kohn and Apalla Chopra are recommended.

Orrick, Herrington & Sutcliffe LLP’s ‘level of expertise is top-notch and I feel we get very good value for our money’. ‘We receive tremendous client service from the firm’. From a global platform, the firm advises on high-profile and high-value engagements. It is worldwide employment counsel for Facebook, providing all employment law, data privacy and global equity advice and dispute representation, as the social networking site dramatically increases its footprint globally. In further high-profile matters, the firm represented Morgan Stanley in Drake v Morgan Stanley, a wage-and-hour class action in which a federal judge denied a motion to certify the class, and assisted Wyndham Worldwide in two cases that went to jury trials. In Tamer Mamou v Trendwest Resorts, Inc, a case alleging retaliation, national origin discrimination and defamation, the case settled favorably following a three week jury trial. In Jennifer Maamo v Trendwest Resorts, Inc, a case alleging sexual harassment and intentional infliction of emotional distress, the case settled favorably following opening statements. In addition, the firm represented Oracle and its new president, Mark Hurd, against claims brought by his former employer Hewlett-Packard, and the firm is currently representing PwC in a California-wide and proposed nationwide wage-and-hour class action. Mike Delikat is chair of the employment law group and has extensive experience with issues arising from trade secret misappropriation and the enforcement of post-employment restrictions, wage-and-hour collective actions and other class actions based on gender and race, with particular expertise representing companies in the financial services industry. Also recommended are Lynne Hermle and Robert Shwarts. Andrew Livingston ‘is very responsive, does an excellent job of keeping us updated on all the matters he handles for us and possesses tremendous employment law knowledge’. In 2011, Ira Rosenstein left the firm and joined Morgan Lewis.

What sets Seyfarth Shaw’s lawyers apart from many other law firms is their focus not only on results, but also on effective and thorough communication on the defense of litigation within budget and consistent with the client’s interests’. ‘It is constantly thinking and acting one step ahead of opposing counsel’. The ‘smart, organized, incredibly responsive’ Camille Olson, Gerald Maatman, who is ‘an outstanding lawyer and extraordinarily loyal and responsive to his clients’, and David Kadue lead the firm’s complex discrimination litigation practice group. Richard Alfred, who ‘is extremely knowledgeable, responsive and takes the time to individualize his advice’, Lorie Almon and the ‘smart and responsive’ Andrew Paley are in charge of the firm’s wage and hour litigation group. Ariel Cudkowicz chairs the single-plaintiff litigation practice group. In a recent victory, Ellis et al v DHL Express et al, the Seventh Circuit Court of Appeals supported the District Court’s decision affirming a grant of summary judgment in DHL’s favor in a WARN case emanating from the closure of 5 Chicago-area facilities in 2008. The ruling is the first published Seventh Circuit decision holding that an employee may waive WARN claims. The firm was also chosen to represent Hewlett Packard (HP) in significant litigation matters involving its former-CEO Mark Hurd’s decision to become president of Oracle following his termination of employment with HP. The firm is also representing Sterling Jewelers in a nationwide class action asserting gender discrimination claims, and is defending Intel in two substantial wage and hour overtime class actions, in which the plaintiffs allege that their positions were misclassified as salaried-exempt positions. Raymond Baldwin ‘is a tenacious litigator who stands out for his exceptional patience, calm nature, and likability. This calming demeanor on the one hand, coupled with an aggressive, competitive litigation style on the other hand, is a winning combination’. Jeremy Sherman, Gilmore Diekmann and Linda Schoonmaker are also recommended. In 2010, the firm welcomed Jeffrey Berman from Sidley Austin LLP and Eric Steinert from Wells Fargo. However, it also lost a team of eight employment litigators including wage and hour and discrimination class action experts Thomas Kaufman, Michael Gallion and Gregg Fisch to Sheppard, Mullin, Richter & Hampton LLP.

Weil, Gotshal & Manges LLP’s deliberately small labor and employment team packs an impressive punch and has an enviable client list to prove it. The group focuses on complex, multidisciplinary problems, such as class and mass actions, large scale reductions in force, executive compensation and separation agreements, restrictive covenant and trade secrets litigation involving key personnel, and the full breadth of issues arising from mergers, acquisitions, corporate restructurings and bankruptcies. ‘For high stakes matters – where a positive outcome is a must – I have found no comparable firm’. ‘The judgment from the labor and employment team is perfect. I always get the best legal advice, which is optimized to the business issues, corporate environment and needs, and individual case considerations. Moreover, there is a strong commitment to top client service, manifested in quick response times and high-quality work product’. The firm has recently advised on a raft of high-profile matters. In McReynolds v Merrill Lynch, Pierce, Fenner & Smith, Inc, it defeated a motion for certification of a nationwide class on behalf of Merrill Lynch in a case alleging race discrimination. The ruling followed three years of discovery on class certification issues. During this time frame, other brokerage firms settled similar claims for millions of dollars, rather than risk an adverse ruling on class certification. The firm was also retained by Gate Gourmet and Gate Safe to defend them in two related complex nationwide class and collective actions involving wage and hour claims brought under both federal and California law, and managed to negotiate a very favorable settlement for its client. Gary Friedman’s ‘technical skills are excellent and he is always keen to offer strong and effective solutions’. Jeffrey Klein is recommended for his ‘unprecedented responsiveness, pragmatic and balanced advice, his willingness to invest in a long term relationships and his decisive ability to translate cutting edge legal issues to meaningful advice’. Employment bankruptcy law expert Lawrence Baer is also recommended.

Kramer Levin Naftalis & Frankel LLP may not have offices across the country, but its New York-based team has a national reputation for its high-quality work, and in particular for its expertise in single plaintiff cases in the financial services sector. Recent highlight work undertaken includes advising Citibank, UBS and Marathon Asset Management on whistleblower and bonus claims that were dismissed in three separate actions before AAA, JAMS and FINRA. The firm also represented JPMorgan/Bear Sterns in a whistleblower case that was dismissed by an arbitration panel, and $600,000 was awarded to the firm’s client representing the return of certain compensation and attorneys fees. In another case, the firm represented Barclays Capital in a national origin discrimination case that was dismissed by FINRA. The firm also takes on class actions – it is currently advising Chemed (Roto Rooter) on a Nationwide Fair Labor Standards Act and state wage law collective and class action comprising thousands of potential class members. Group chair, and ‘terrific lawyer’ Kevin LeBlang provides ‘practical, business-oriented advice and is always available’. Robert Holtzman is ‘very pragmatic and business-focused’ and Jennifer Rochon is ‘fantastic’. ‘You could call at any point and they are ready at a moments notice to talk about the minutiae of our case. They understand our needs and genuinely care about the outcome of the case. Their knowledge is exactly what we need’.

Reed Smith LLP is ‘absolutely top notch in terms of responsiveness’. The firm is ‘very, very practical’, and has a ‘strong legal base and an extremely good ability to translate and interact with client groups’. The firm is also ‘very responsive to client concerns and willing to adjust as needed, including case staffing’. It recently secured a complete defense in favor of its client Ready Pac Produce against a former employee claiming retaliation and wrongful termination. It also acted in Simonyan v Countrywide, et al, a putative California and nationwide class action that was filed in California alleging 6 causes of action against Countrywide and Bank of America based upon alleged violations of the WARN Act, California’s WARN Act, ERISA and various state wage and hour laws. The firm also recently secured voluntary dismissal of Kaiser Permanente from a putative California class action that sought millions in statutory damages as well as recovery for more than a hundred claims of actual identity theft. Other representative clients include UPS and Prudential Insurance Company of America. Karl Fritton is the global labor and employment practice chair at the firm. His talented group includes Linda Husar and Casey Ryan, who is ‘really strong legally and personally’ and ‘is not afraid to litigate’. Thomas Hill and Martha Hartle Munsch are also recommended.

Sheppard, Mullin, Richter & Hampton LLP has a national presence, but a particularly strong reputation for its growing West Coast practice. ‘The service provided by all attorneys in the firm is excellent, prompt and responsive’. ‘I go to this firm for my most critical cases’. ‘Its knowledge of the subject matter is superior to most other practitioners and firms’. ‘It gets the highest marks for expertise, responsiveness and strength of team’. Recent highlight work includes the representation of Cedars-Sinai Medical Center in a class action that has been aggressively litigated since 2005. Summary judgment was granted to Cedars-Sinai in this complex lawsuit that involved seven causes of action, including overtime, meal period, itemized wage statement (pay stub), parking fee, forced patronage, unfair competition and other claims. The firm also recently represented Chipotle Mexican Grill, a national chain of restaurants; the Court granted Chipotle’s motion to deny class certification of meal period, rest period, overtime, off-the-clock work, records, PAGA, and UBP claims. In a victory for its client, the Court also denied the plaintiff’s motion for class certification. Wage-hour expert Richard Simmons, who is ‘responsive, knowledgeable and aggressive’, is an ‘incredible public speaker and lecturer, as well as writer’. Tracey Kennedy and Ryan McCortney are also recommended. In 2010, the firm welcomed a group of eight employment practitioners from Seyfarth Shaw including partners Thomas Kaufman, Michael Gallion and Gregg Fisch.

From offices in Atlanta, Boston, Chicago, Houston, Los Angeles, New York, Newark, San Francisco, Stamford and Washington DC, Epstein Becker & Green, P.C.’s lawyers defend individual and class action cases in judicial, administrative and arbitral forums. The firm has extensively represented hospitals and health systems, biotechnology and life sciences companies, health plans and healthcare insurers, pharmaceutical and medical device manufacturers and academic medical centers. New York-based Ronald Green manages the firm’s nationwide labor and employment practice. Peter Stein and Martin Wickliff are also recommended.

Over the past five years alone, Jackson Lewis LLP’s employment litigators have defended more than 8,000 individual lawsuits and 600 class actions in every conceivable cause of action relating to the workplace. It is ‘an excellent firm that rates high’. Vincent Cino’s litigation team recently won a pregnancy discrimination case before the US District Court for the Eastern District of Virginia, and favorably settled two collective action FLSA lawsuits against The Pantry (a Fortune 500 company). The firm also acted for the defendant in Saridakis v South Broward Hospital District, where the plaintiff, a former trauma surgeon, sued the Hospital System asserting gender discrimination and retaliation claims under the Equal Pay Act, Title VII and the Florida Civil Rights Act, after the Hospital System declined to renew her employment agreement in 2006. After a two and a half week federal jury trial, the firm successfully obtained a highly-favorable jury verdict for the Hospital System. Kevin Lauri, Joan Ackerstein, Ashley Abel and Thomas Walsh are all recommended. Also of note, the firm recently welcomed e-discovery expert Ralph Losey to the partnership.

With over 800 attorneys in 50 offices nationwide, ‘outstandingLittler Mendelson, P.C. has a national labor and employment practice that provides ‘value and excellent subject matter knowledge’. The firm recently acted in Granite Rock Co v International Brotherhood of Teamsters, et al, in which the Supreme Court ruled that the dispute over a collective bargaining agreement’s formation date was a matter for the District Court, not an arbitrator, to resolve. In another Supreme Court case, Rent-A-Center West v Jackson, at issue was whether questions regarding unconscionability of the arbitration agreement are to be decided by the arbitrator or the court, when the arbitration agreement clearly delegates that authority to the arbitrator. From a number of talented practitioners, Marko Mrkonich, Keith Hult, Allan King, Alan Carlson , Jay St Clair , Scott Lidman, Garry Mathiason and Julie Dunne are recommended.

Ogletree, Deakins, Nash, Smoak & Stewart, PC’s ‘attorneys are very high quality, give great advice and get good results’. The firm’s class action defense practice group has extensive experience in the defense of a wide variety of representative and class action lawsuits in state and federal courts throughout the United States. Trial attorneys in its 40 US offices have defended class actions in such substantive areas as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the WARN Act, the National Labor Relations Act, FLSA, ERISA, toxic tort, breach of contract, civil RICO, consumer fraud, product liability, securities fraud, and unfair competition. Donald Prophete represents employers in suits involving race, sex, age and disability discrimination, the FMLA, the FLSA, and related common law claims. He has significant experience within the telecommunications, retail, restaurant, utilities and manufacturing sectors.

Vedder Price’s labor and employment team has continued to grow in its Chicago, New York and Washington DC offices. ‘It is incredibly responsive and represents a very real value in today’s economy. It understands the pressures facing in-house counsel and the need to bring more to the table then just sound legal advice. I can spend twenty minutes and save thousands. It has taken client satisfaction and responsiveness to a new level that I have not experienced with other firms’. ‘Our company performs better as a result of having it as part of our external legal team.’ The firm represented Tracer Research Corporation/Praxair Services in federal court litigation lasting over four years, which involved claims by a former independent contractor of breach of contract and violation of wage payment statute. The firm recently obtained complete defense jury verdict in federal court following a five-day jury trial, and continues to represent this client in post-trial motions. Chair of the labor and employment group Thomas Wilde is recommended. ‘His strengths include extensive knowledge of labor and employment law-related issues, a good understanding of our business and great interpersonal skills’. Amy Bess is also highly regarded.


Labor-management relations

Index of tables

  1. Labor-management relations
  2. Leading lawyers

Leading lawyers

Jones Day handles significant traditional labor matters including major advice and litigation matters for BNSF Railway, American Commercial Lines, General Motors, Cooper Tire and Rubber Company, Century Aluminum and Sutter Health, as well as a wide variety of matters for other clients including CBS Corporation, Applied Medical Distribution and Memorial Sloan Kettering. Specifically, the firm recently secured a victory for Verizon Delaware Inc in an arbitration with the CWA, in which the Union alleged that Verizon violated the parties’ CBA by assigning the data portion of a FiOS “triple play” installation to technicians outside of the bargaining unit employed by Verizon Connected Solutions Inc. In another highlight case, General Motors Corporation (GM) retained the firm to provide advice regarding its labor-related negotiations with the United States Department of the Treasury and the United Auto Workers for a pre-bankruptcy Master Sale and Purchase Agreement that would result in a new post-sale GM. The firm advised GM on issues related to the transfer of employees and their benefits to the post-sale entity, as well as related collective bargaining and bankruptcy obligations. The firm also recently assisted the Minneapolis Star Tribune by providing strategic labor relations advice and collective bargaining assistance in connection with its bankruptcy proceedings, and assisted Sutter Health and its affiliated hospitals with strategic advice related to some of the most important and contentious labor negotiations in the health care industry. New York-based Willis Goldsmith, who is highly regarded for arguing Chamber of Commerce, et al v Brown before the US Supreme Court, is recommended. So too is Andrew Kramer; he has been directly involved in how companies and unions reshape their health care plans, with particular emphasis on retiree health care benefits. Kramer has been one of the lead negotiators and advisers on this issue for a number of major companies in several different industries, and has been at the forefront in establishing VEBAs in the automotive and rubber industries. Richard Shaw has substantial experience in advising clients on their obligations under the Worker Adjustment and Retraining Notification Act and other laws relating to reductions in force.

Morgan Lewis continues to impress with the quality of its labor law practice. ‘The firm’s traditional labor lawyers have excellent relationships with labor union leaders at the national level. This is due to the fact that these lawyers are not viewed as union-busters, but as effective advocates who play smart and fair and can be trusted when making a deal.’ ‘No other firm can match its experience in collective bargaining with traditional, blue-collar workforces’. The firm achieved a significant win in a federal appeals court, in which the Second Circuit reversed a district court decision that the Railway Labor Act prohibits Amtrak from disciplining an employee for improper conduct while he is acting as a union representative. In another matter, the firm’s labor law team won a union election among faculty for Education Management, the Art Institute of Seattle. The United Federation of Teachers (UFT) was trying to organize for the first time a for-profit institution in the State of Washington and had a very large public relations campaign. The UFT issued a press release before the vote indicating that it would be announcing its victory the next day and even brought its public relations team and professional photographers to the vote count. The final tally of ballots was 64 to 48 against union representation. The firm was also retained to provide advice to client Hewlett-Packard in connection with its first union- organizing campaign in the 71-year history of the company, and is assisting Continental Airlines with their traditional labor counseling and litigation, including with respect to the merger with United Airlines. It also assists Rolls-Royce North America with labor relations matters under several collective bargaining agreements at various facilities located throughout the United States and Canada. Joseph Santucci ‘achieves his clients’ objectives by forging working relationships with his opponents – both the union representatives and their attorneys’. Doreen Davis ‘has great experience – she has seen and heard it all’. ‘Clients love her because she is so tough’. Thomas Reinert and John Ring are also highly recommended. James Kelley is ‘fantastic not only in collective bargaining issues but with overall strategic advice. He is the ultimate trusted adviser’.

With Proskauer Rose LLP, ‘the significant difference that I’ve seen is that it seems to make “your problems ...its problems” and it has a passion for our business. I do believe it is the best firm.’ ‘Style is appropriate and professional for all who deal with us’. ‘I do believe that it is outstanding’. The firm continues to represent major sporting leagues, namely National Football League, National Basketball Association, Women’s National Basketball Association, National Hockey League, Major League Baseball and Major League Soccer. The firm is currently advising the NFL, the NBA, and MLB in connection with the negotiation of their collective bargaining agreements with their respective players’ unions. It also recently completed the successful renegotiation of the collective bargaining agreement between Major League Soccer and the union representing its players. The firm is also representing longstanding client The New York Times in two major labor negotiations, and served as special labor counsel to PN, the former owner of the Philadelphia Inquirer and Philadelphia Daily News, in its bankruptcy proceedings and eventual sale to its largest creditors. In further examples of the high-profile work the firm undertakes, it currently serves as outside labor relations and employee benefits counsel to Morgan Stanley Private Equity in connection with its existing portfolio companies and with respect to its proposed acquisitions, and is T-Mobile’s long-standing labor counsel, advising on legal work involving labor relations issues and strategies, in particular organizational activity by the Communications Workers of America. L Robert Batterman ‘is an excellent strategist and provides insightful advice’, he ‘knows the law and the business’. Bernard Plum ‘works as if he owned our business and I never question his judgment. He is simply the best’. Meanwhile Howard Robbins has ‘excellent attention to detail, is responsive, and very smart’. Michael Lebowich and Neil Abramson are also highly recommended. New partner hire, from McDermott Will & Emery LLP, Scott Faust is ‘good in negotiations and demonstrates understanding of the labor issues’. The firm also recently welcomed Ronald Meisburg, the former board member and general counsel of the National Labor Relations Board, and Gary Dellaverson, formerly the chief labor negotiator and chief financial officer for the New York Metropolitan Transit Authority.

At Jackson Lewis LLP, ‘the level of service is fantastic’. ‘Calls are returned promptly with competent advice provided’. ‘The firm put me in touch with attorneys who are experts in the areas I am dealing with – there is not a territorial feeling – just whoever can do the best job for me the most quickly’. ‘The value for the price is the best I’ve found – and after using many different firms for the past 20 years – I feel confident that I get the best work for the best price’. The firm advises clients whether they are union-free, partially unionized or fully unionized on strategic, proactive preventive labor relations programs. Its labor lawyers have represented employers in thousands of matters before arbitrators, mediators, the National Labor Relations Board, state labor boards, government agencies, and in state and federal courts. More generally, the firm advises employers regarding legislative initiatives such as the Employee Free Choice Act, corporate campaigns, neutrality agreement requests, union organizing, NLRB elections, contract negotiations, grievance and arbitration proceedings, unfair labor practices, traditional third party pressures (such as picketing or hand billing), new age public appeals (such as websites and blogs), work stoppages, purchase/sales, reductions and reorganizations, as well as the entire range of pre and post-hire employee relations issues. Leader of the firm’s labor practice group Philip Rosen is an ‘expert labor lawyer – he has impressive presentation skills and knows how to talk with high-level executives and gain their confidence’. Peter Moss is ‘an incredibly knowledgeable labor attorney – fabulous writer, trainer and legal strategist’. In White Plains, Tom Piekara is ‘responsive, knowledgeable and provides advice with the practicalities in mind of the business involved. He provides excellent subject matter expertise’. Managing partner of the firm’s San Francisco office, Bradley Kampas’ ‘strengths are in the area of traditional labor law; in organizing campaign strategy and contract negotiation’. Atlanta-based Jeffrey Mintz is also highly recommended.

In the area of traditional labor relations, Ogletree, Deakins, Nash, Smoak & Stewart, PC has worked with clients across the country in hundreds of union organizing drives. It has advised clients on some of the largest and most significant union organizing drives in the United States involving airlines, hospitals and freight deliverers, among many others. If a petition for union representation or decertification is filed with the NLRB, the firm’s attorneys work closely on or off-site with its client’s management team throughout the election process to ensure compliance with applicable law. Its lawyers also represent clients in unfair labor practice proceedings before the NLRB, labor contract negotiations and arbitrations. Areas of expertise include union avoidance training and union election campaigns. Homer Deakins has extensive experience in all aspects of labor relations law, and in recent years has handled some of the largest and most highly publicized union elections in the United States on behalf of employers. Kim Ebert is seasoned as a chief spokesperson in collective bargaining and has defended employers in over 200 arbitrations. In Greenville, Mark Stubley has experience in successfully defending union organizing campaigns and in developing and implementing preventive labor relations programs for clients throughout the United States. Stubley is also a skilled labor negotiator, adviser and litigator. Rodolfo Agraz has represented clients in the retail distribution, teleservices, chemical, medical laboratory, and automotive industries throughout the United States during union organizing attempts and litigation before the NLRB.

Seyfarth Shawconsistently gets my top scores on all service-related matters’. ‘It is very responsive, yet thorough’. ‘It is expert in its field, but also business minded and pragmatic. It is very client centric, but appropriately honest when it believes a client is taking a risk. Because it staffs appropriately and works diligently, it provides an outstanding value to the client’. The firm has one of the largest labor relations practices in the United States. It is recognized for its expertise and the results that it has delivered for clients in areas such as collective bargaining, labor arbitrations, anti-corporate campaigns and union organizing campaigns. Of particular note over the past year have been the firm’s achievements in the airline, hospitality, telecommunications and printing/publishing industries. Recently, the firm represented The Pittsburgh Post-Gazette in negotiations with its 10 labor unions that resulted in $18m in savings for the company. Practice head Bradford Livingston’s ‘skills are outstanding’. Joe Damato ‘is an outstanding lawyer and always reliable’. Clients appreciate his ‘honesty, his thoughtful and thorough approach to issues, and his fantastic client skills’. Stacy Shartin ‘has a unique ability to find a way to relate to everyone on all sides of an issue. He is aggressive in substance, but wraps his expertise in a relaxed and comfortable demeanor. He is unflappable in tense situations and quickly can bring reason and sanity to the most difficult situations’. John Toner, who previously held positions at the National Labor Relations Board and the Federal Mediation and Conciliation Service, Jeremy Sherman and Peter Chatilovicz are also recommended. Joel Kaplan and Arthur Telegen are also leading attorneys in this field. In 2010, the firm welcomed Jeffrey Berman from Sidley Austin LLP, who represents health care institutions in their traditional labor and employment matters.

While the National Labor Relations Act is the basis for much of the work Reed Smith LLP does, its labor attorneys also assist today’s employers in dealing with numerous federal, state, and local statutes and regulations governing the workplace. The firm’s labor group represents management with unionized workforces or where the priority is to remain union free. Its practice consists of counselors and trial lawyers, who handle the many aspects of labor law with which companies have to deal, throughout the various stages of a company’s life cycle. The firm has excellent working relationships with the NLRB and other federal, state, and local administrative agencies; with labor arbitrators throughout the country who hear disputes arising under collective bargaining agreements; with unions; and with judges and court personnel. The firm represents employers in virtually every industry and many on a multi-state, regional or national basis. It also represents more than 200 public employers for labor and employment matters, including cities, counties, statewide agencies, townships, boroughs and municipal authorities. Recently it advised Tenet Healthcare Corporation/Hahnemann Hospital on all phases of a union organizing campaign for a potential bargaining unit of 700 plus registered nurses, to include campaign strategy and litigation of unfair labor practice charges and post election objections. The much-admired Karl Fritton splits his time between Philadelphia and Chicago. Eugene Connors, Casey Ryan and William Bevan are all highly recommended.

Vedder Price is ‘very responsive with a good knowledge of the legal issues surrounding union negotiations’, and compared to most firms, clients attest that it is ‘better and more cost effective’. ‘Response time is exceptional, clarity of response and relevance to question asked is also exceptional. For a larger law firm, the turnaround time and quality/thoroughness of response received without going to multiple attorneys is what sets this firm apart’. The firm has extensive experience in successfully negotiating collective bargaining agreements on behalf of management with representatives of virtually every major union in the country and offers ongoing advice to its clients during union election campaigns. Although the avoidance of needless strikes is a primary goal, the firm can also provide support when strikes do occur. The firm has been successful in obtaining injunctive relief against violent picketing and breach-of-contract strikes and is experienced in supporting pre-strike planning from a legal and practical perspective, including strike preparation manuals and supervisory training. Thomas Wilde chairs the labor and employment group. Specialist labor management relations specialists include Larry Casazza, Kenneth Sparks and Neal Korval. Lyle Zuckerman is praised for his ‘communication and negotiation tactics’. In Chicago Kevin Hennessy is ‘a stellar employee/labor relations attorney. His advice is practical, swift and thorough’. One client says ‘I’ve used other labor attorneys from other major law firms, and he is by far the most clear, direct, and prompt with his advice and guidance’.


Workplace and employment counseling

Index of tables

  1. Workplace and employment counseling
  2. Leading lawyers

Leading lawyers

Morgan Lewis’ significant experience in litigating employment matters enhances its ability to assist in preventive actions. The firm offers counseling in various areas such as policy and compliance audits; California employment counseling; policy, agreement and plan drafting; executive compensation and employee benefits, reorganizations, workforce reductions and restructuring; corporate transactions; investigations, audits and claims with governmental agencies; immigration and nationality services and training and education. The firm has provided defense and counsel to numerous clients nationwide as well as participating in webcasts on the Government’s OSHA agenda, particularly as they involve the petrochemical industry. In a recent work highlight, after Novartis was required to pay $250m in punitive damages for discriminating against thousands of female sales representatives over pay, promotion and pregnancy, pharmaceutical companies have turned to the firm for advice in this arena. The firm has a wealth of experience at its fingertips. Joseph Costello is the practice leader of the labor and employment counseling group. Sarah Bouchard is a full-service counseling partner and counsels clients on whistleblower claims and Sarbanes Oxley. Bouchard has also represented clients in federal and state DOL audits and negotiated favorable settlements of violations. Howard Radzely was the former Deputy Secretary of Labor. During his final two years at the agency, he was chief operating officer for the DOL and was responsible for all policies that emanated from the DOL as well as relations with Capitol Hill. Before joining the firm in 2009, Jonathan Snare was the acting assistant secretary for the Occupational Safety and Health Administration and also served as deputy assistant secretary for OSHA and senior advisor to the Solicitor of Labor. Carol Freeman provides advice to employers concerning personnel policies, wage and hour laws, EEO compliance, leaves of absences, hiring and firing issues, covenants not to compete, trade secrets, and RIFs. Nina Stillman counsels employers nationwide on cross-border workplace issues and counsels international clients on US employment and workplace safety and health law. Robert Smith is also a highly experienced practitioner. In November 2009, global chair of the firm’s labor and employment practice Mark Dichter, who ‘has so much experience and practical wisdom’, relocated to London, but regularly works out of Philadelphia.

Paul, Hastings, Janofsky & Walker LLP has an impressive and growing workplace and employment practice. In January 2010, the firm’s Chicago office was boosted by the arrival of Michael Sheehan, Rachel Cowen and Kevin Connelly from Drinker Biddle & Reath LLP. In March 2010, Marc Bernstein joined the New York office from AIG. Recently, the firm successfully represented a national telecommunications company, when it resisted a challenge to its pre-employment testing program by the Office of Federal Contract Compliance Programs, and assisted a Fortune 500 company with the resolution of a significant tax liability through the self-accusation process in Germany. It also advised on executive pay and loyalty programs for two Fortune 500 companies. The firm led the design and implementation of a comprehensive strategy by which each company amended its executive compensation plans in order to impose a multi-level mechanism for enforcing “loyalty covenants” in the form of non-competition and other business protection commitments. The firm is also handling employment issues for a commodities futures trading company based in London and New York. The work initially focused on advice regarding the continued employment of high-level executives responsible for transactions and operations under investigation by US federal regulatory agencies. As the federal investigation proceeded, the scope of alleged regulatory infractions expanded, resulting in the threat of formal charges and tens of millions of dollars in potential penalties. The firm’s scope of representation expanded to include not only employment issues arising from the original inquiry, but a forensic review of operations, responses to, and negotiations with the Commodities Futures Trading Commission and other regulatory entities regarding alleged securities law violations. Other representative clients include American International Group, Bank of America, Dollar Tree, General Electric Company, GlaxoSmithKline, The Goldman Sachs Group, Microsoft Corporation, Target Corporation, UBS and Zynga. The ‘top-notch’ Nancy Abell is ‘very bright and has sound judgment’. Mark Poerio, Kirby Wilcox and Al Latham are also highly recommended. Jon Geier represents the nation’s five leading investment banks, as well as many Fortune 500 contractors in the pharmaceutical, accounting, insurance, commercial banking, and heavy manufacturing industries, on issues related to the Executive Order 11246 compliance.

In the past year, the lawyers in Proskauer Rose LLP’s employment law counseling & training group have advised clients on the increasingly complex federal, state, and local employment laws prohibiting discrimination, harassment, and retaliation with respect to ever-expanding protected classes of employees, counseling and training clients daily in connection with the myriad circumstances in which these types of complaints might arise. These include all aspects of the employment relationship, from hiring, discipline and discharge, to harassment, discrimination and retaliation, to accommodation of disabilities, affirmative action and diversity issues, and all related policies and procedures. The firm has practitoners who have amassed considerable experience. Several members of the firm’s practice once held high positions within government agencies, including the Director of the US Office of Federal Contract Compliance, the Deputy Assistant Secretary of the US Department of Labor, and Vice Chair of the US Equal Employment Opportunity Commission. Its lawyers have testified before the US Congress, submitted comments to agencies in connection with the proposed adoption and implementation of regulations and provided input into the drafting of new laws such as the ADA Amendments Act. By virtue of its contacts and experience, the firm is able to provide insight into the legislative process and history behind the many new and pending laws impacting companies that are government contractors, providing guidance on compliance. Bettina Plevan has a national reputation for her deservedly recognized legal abilities. Nigel Telman utilizes his experience litigating employment-related disputes to counsel clients on effective ways to avoid such litigation. Leslie Silverman counsels and advises clients on complying with workplace laws, dealing with government agencies and on a wide range of workplace issues, including diversity and recruitment and retention programs. Larry Lorber counsels and represents employers in connection with all aspects of labor and employment law. Allan Weitzman’s experience includes negotiating collective bargaining agreements and arbitrating contract disputes. In addition, he provides day-to-day and crisis advice to clients in a wide range of businesses and industries. Marc Mandelman has an active counseling practice providing advice to clients on all aspects of the employment relationship, including wage and hour, leave of absence, disability accommodations, employment contracts, and independent contractor assessments.

Seyfarth Shaw continues to please its clients. ‘Phenomenal. Amazing response times, attentiveness, understanding of our specific company and issues, flexibility, technical expertise proactivity and the ability to balance legal and management needs’. ‘I rate the services very high because the advice provided is knowledgeable, skilled, practical, timely and accessible’. The firm is also at the forefront of workplace and employment counseling. The United States Chamber of Commerce is a client, and since September 2009, representation has included testifying before the US House of Representatives, the US Senate, and presenting written comments to the Department of Labor, EEOC and federal courts on various legal issues from employment discrimination, employee benefits and wage and hour laws, to Sarbanes-Oxley. The firm recently partnered with United Technologies Corporation (and its companies including Sikorsky, Pratt & Whitney, Otis Elevator and UTC Fire and Security) through a hotline technology infrastructure, and provided “process mapping” and other services to advise not only on day-to-day issues, but also on changes to underlying systems and processes to manage HR risks. On behalf of Aon-Hewitt, Farmers & Zurich Insurance and others, the firm’s dedicated reduction-in-force team continued in 2010 to partner on some of the largest business combinations and restructurings to provide full workforce reduction counseling and services. The firm has also been retained by media companies nationwide to provide counseling on complex distribution and other contractor relationships. David Baffa ‘understands my industry, works quickly, and does not try to get the company to engage him for services other than the ones we really need. He is one of the best lawyers I’ve used. He works quickly and efficiently’. Meanwhile, ‘I know no lawyer who is better, or a better client service provider than Robert Nobile. He is a stellar lawyer, a fabulous businessman, a highly ethical individual and always exceeds our expectations’. Ellen McLaughlin ‘has a breadth and depth of knowledge that is unmatched. With this wealth of information, she can provide practical advice and make difficult and arcane issues easily understandable’. Charles Walters ‘has the ability to translate complex legal principles in his area of expertise to non-expert lawyers, as well as non-lawyer business persons. He not only commands his area of law, but understands the business implications of those laws and regulations as well’. Condon McGlothlen, William Perkins and Pamela Devata are also specialists in this field.

Gibson Dunn’s labor & employment group, while known for its high-profile litigation matters, also provides clients with workplace and employment-related counseling. Co-chair of the firm’s practice, Eugene Scalia, served as Solicitor of the US Department of Labor during the development and implementation of the whistleblower provision, and continues to advise clients of the new Dodd-Frank whistleblower rule. UPS consistently turns to the firm for counsel on various employment matters, including Sarbanes-Oxley and other whistleblower protection laws. Regarding significant non-litigation matters, the group is representing the NFL Players Association in collective bargaining with the National Football League over benefits matters. It also represented the Pharmacy Care Management Association in a request for clarification of the Labor Department’s Form 5500 Schedule C reporting obligations, and represented a major manufacturing company before Congress in successfully securing a change in the law that allowed it to amortize certain pension losses over a longer period of time than was provided in the law and thus enabled it to preserve its collectively bargained defined benefit pension plan. The firm’s attorneys also have extensive experience counseling employers on the design and implementation of reductions-in-force (including restructurings, plant closings, layoffs, etc.). The firm frequently provides advice regarding the WARN Act and other state and local notice requirements and the group assists in crafting legally-compliant separation agreements and releases under the Older Workers Benefit Protection Act and other laws. The firm is representing the second-largest US automaker Ford Motor Company in numerous age and other discrimination lawsuits arising out of a reduction-in-force. The group has also counseled numerous Fortune 50 companies in compliance with OSHA standards and the resolution of OSHA citations, including providing global health and safety risk assessment for a client that will require site visits and compliance evaluations throughout the world in an effort to ensure maximum employee protection and uniform regulatory compliance. Washington DC-based Jason Schwartz and Wayne Schrader are recommended.

The counseling philosophy at Jones Day is that the experience and expertise of its lawyers is most effectively used by clients to avoid or minimize the risk of litigation through counseling. The firm’s lawyers provide valuable input on a national and international level on all phases of the design, implementation, and administration of compensation and benefits programs and agreements. The role of its lawyers as employment law counselors is extensive and the issues they have advised on have been varied: assessment of risks and options attendant to terminations; implementation of nondiscriminatory reductions-in-force and plant closings; investigation of sexual harassment, theft and other misconduct; compliance with complex new litigation laws; development of employment policies and procedures designed to minimize potential litigation exposure. The firm has provided Verizon Business, Verizon Communications, Verizon Wireless, McDonald’s Corporation, Morton’s Restaurant Group and International Business Machines Corporation employment and labor law counseling on a national level. Head of the firm’s labor and employment practice Lawrence DiNardo is recommended. So too is litigator Michael Gray, who also advises clients on preventive measures, including reviewing employment policies, counseling on disciplinary actions and investigations, negotiating severance and release agreements for executive terminations, and conducting employment practices reviews. Dan Carter has advised on workforce restructuring, reductions in force, outsourcing, business relocations, plant closings, mergers, acquisitions, and divestitures in both union and non-union settings. Andrew Kramer provides counseling and advice on the development of employment and labor relations strategies for a broad group of employers across many industry lines. Terri Chase’s practice involves extensive day-to-day counseling on a host of employment matters, including wage and hour compliance, the Family and Medical Leave Act, the Employee Retirement Income Security Act, employment discrimination and harassment claims, reductions in force, restrictive covenants, employment contracts, severance agreements, and personnel policies and procedures. Rick Bergstrom also has an extensive workplace and employment counseling practice.

Littler Mendelson, P.C. works with employers to review, draft and update employment and HR policies and procedures (from I-9 Forms to Model ADR agreements and beyond). It conducts state-of-the art litigation avoidance audits of employment and human resource practices subject to the applicable attorney-client privilege, on issues such as wage and hour, EEO, safety and health, union avoidance, recordkeeping requirements, benefits and training. It also helps employers properly prepare for and respond to government audits and investigations and provides representation throughout the process. In addition, the firm provides seminars and training workshops for supervisors and human resource personnel in areas such as employment law compliance and handling terminations to minimize the risks of employment-related litigation and can develop a disaster preparedness and recovery plan, including a crisis response team and procedure. The firm also provides counseling regarding workplace violence prevention and can help clients launch periodic compliance initiatives to address major employment and labor law challenges, such as wage and hour compliance. In Los Angeles, Scott Lidman regularly counsels employers on a range of employment issues, including termination matters, disability accommodations, alternative dispute resolution and arbitration programs, wage and hour compliance, employment agreements, leaves of absence, and personnel practices and policies. In Indianapolis, Alan McLaughlin provides counsel and preventive training to ensure compliance with federal and state regulations.

Clients turn to Weil, Gotshal & Manges LLP for advice and counseling on the most complex and often most sensitive matters. The firm was recently retained by a world-renowned premium food services retailer to advise it in connection with claims of disparate treatment and disparate impact with respect to gender, race and national origin in connection with this retailer’s nationwide hiring practices. In another matter, a major global financial institution tapped the firm to navigate claims of systemic gender discrimination among its senior executive ranks within its investment banking unit with respect to hiring, terminations, compensation and promotions. The firm defused this potential class case, and obtained an extremely favorable resolution for the financial services firm. Also of note, the firm was hired by a global new economy company to represent it in a high-profile investigation by the US Department of Labor into the classification of tens of thousands of home workers as independent contractors, rather than “employees,” under the Fair Labor Standards Act. It was also hired by the general counsel of a European-based pharmaceutical company to advise the company’s board and handle sensitive and complex issues concerning the terminations of the CEO and CFO of the drug company’s US subsidiary. More specifically, the firm was also recently retained by The Gores Group to formulate and execute a labor strategy in connection with the purchase of the assets of National Envelope Corporation, the world’s second largest envelope maker, in a United States Bankruptcy Court supervised auction and sale. The firm pre-negotiated and entered into five collective bargaining agreements and three shutdown agreements with the United Steelworkers, the International Brotherhood of Teamsters and UNITE/HERE, covering 1,400 employees in five facilities. Other clients include the University of Notre Dame, Daymon Worldwide and the Nicklaus Companies. Gary Friedman and Jeffrey Klein ‘have continuously provided the highest quality legal advice. Their teams are distinguished by creativity and judgment that has frequently assisted us in reaching very advantageous resolutions’. Mark Jacoby and Lawrence Baer are also highly regarded employment law specialists who undertake counseling for their clients.

Baker & McKenzie works collaboratively across offices, practices and borders to provide integrated solutions to labor and employment issues. The firm is ‘timely, responsive and cost effective. It has deep expertise, and has resources around the world to provide timely responses to global questions. Its advice is sound, practical, and business-oriented’. ‘I use it more than other international law firms because I find it is excellent value for money’. The firm counsels on all issues arising during the pre-hire, management, termination and post-termination phases of employment. It regularly advises on wage and hour issues, family and medical leave, discipline and termination, leaves of absence, employee privacy rights, employment-related tax issues, trade secrets and intellectual property, data privacy, alternative dispute resolution mechanisms, and internal investigations of sexual harassment, discrimination and other complaints. It also advises clients on labor and employment issues arising from domestic and global reductions-in-force and other corporate reorganizations. The firm is currently providing ongoing labor and employment counseling to Southwest Airlines and represents EQT, a national oil and gas corporation, in complex labor law matters, including employment counseling and litigation related to the company’s reorganization. Other clients include eHarmony, Google, Microsoft Corporation, Bank of America and Silicon Laboratories. Richard Hammett, Brian Arbetter, Susan Eandi, Cynthia Jackson and Ute Krudewagen are all recommended. ‘They give practical business-minded advice’.

The ‘excellentJackson Lewis LLP places a high premium on preventive strategies and positive solutions in the practice of workplace law. It partners with employers to devise policies and procedures promoting constructive employee relations and limiting disputes. The firm recently counseled a large hedge fund regarding an allegation of quid pro quo sexual harassment lodged against the head of operations by his secretary. The information provided by the secretary did not establish conclusively that an affair occurred or that she entered any relationship against her will. However, the nature of the allegations and the reporting relationship involved led to the conclusion that the head of operations needed to be terminated. The termination memo based the dismissal on the head of operations’ egregious lack of judgment, not a violation of the firm’s harassment policy, to avoid an admission that the head of operations harassed his subordinate. In another matter, the firm counseled a large medical center regarding the separation of a long-term employee with multiple disabilities who had significant performance issues. The employee also raised several allegations of harassment and discrimination regarding events at work, as well as how the medical center administered her leave. The firm was able to negotiate a very modest severance at an amount comparable to what the employee would have received had she been laid off – a fraction of what the medical center would have paid had the matter proceeded to litigation. Gregory Alvarez is ‘prompt, reliable and competent’. David Islinger, Michael Jacobster, Ashley Abel, Lewis Silverman and Jane McFetridge all have impressive experience in this field.

Vedder Price counsels clients, large and small, in a variety of industry sectors – manufacturing, construction, transportation, pharmaceutical, financial services, health care, retail, food, logistics, telecommunications, insurance and publishing, to name a few. The firm is ‘excellent. We are extremely pleased with the level of service, knowledge, appropriateness of advice and value for the money’. The firm has considerable experience counseling on issues such as discrimination law, wage and hour and other federal, state and local employment regulatory matters. Bruce Alper represents a wide range of private-sector employers, including hospitals, financial institutions, manufacturers and universities, where he partners with management, corporate counsel and human resources professionals to develop strategic, cost-effective approaches to employee relations problems and risk management. Alan Koral heads the firm’s labor and employment practice in New York. He represents and counsels domestic and international corporations with respect to litigation matters, administrative hearings and investigations, as well as general employment and labor law. Jonathan Wexler counsels clients concerning labor and employment law matters, including EEO laws, restrictive covenants, trade secrets, wage and hour matters, and employee benefits issues, and has prepared personnel policies, employment agreements, and separation agreements for numerous clients. Laura Sack is ‘very smart and supportive. She understands that it can be hard to do what she advises at times, such as giving an employee a poor evaluation or a warning, and she’s very understanding and encouraging. Although she’s supportive, she’s always balanced in her approach, and doesn’t always take management’s side. She also doesn’t give “canned” advice. She’s very aware and respectful of the culture of our workplace, and tailors her advice to our organization and staff’.

White & Case LLP represented Giant-Carlisle, a division of the supermarket giant Ahold USA, in its acquisition of 25 stores in Virginia from Ukrop’s Super Markets Inc. The transaction includes the hiring by Giant-Carlisle of Ukrop’s approximately 5,000 employees. In addition to negotiating the terms of the acquisition, the firm provided employee benefits deal support, prepared employee benefits related securities law disclosure, worked closely with Giant-Carlisle’s human resources, employee benefits and securities law personnel in preparing for and implementing the acquisition, and coordinated and supervised employee benefits and employment law transition related issues. The firm represented Dow Jones on the international employment law issues in its sale of 90% of its stake in its index business, which sets the Dow Jones Industrial Average, to CME Group Inc, owner of the Chicago Mercantile Exchange and the Chicago Board of Trade. Dow Jones engaged the firm to advise on issues involving in the transfer of employees and the employment liabilities in six countries outside the US. It continues to advise Dow Jones and News Corp on global codes of conduct, employer entity structure, data protection issues involving data breach laws and requirements in multiple jurisdictions, corporate filings and employment law compliance for employer entities worldwide as part of global employment law restructuring and international employment law compliance. Donald Dowling is ‘practical, responsive, extremely knowledgeable and professional’. ‘He stands alone in his ability to provide top quality advice on matters throughout the world in a time-sensitive context’. Tal Marnin ‘is extremely knowledgeable, responsive and always available’. Randall McGeorge is also recommended.


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