The Legal 500

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 ‘excellent’ Jackson 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.