Labor & Employment Litigation

Overview

Employment-related lawsuits are on the rise, posing significant financial exposures and disruption to business operations.

The quickest and most efficient way to resolve litigation is not always the most obvious. We collaborate with clients at the outset of a case to develop creative and aggressive strategies that result in dispositive victories on the merits, provide procedural leverage, or position the case for early settlement on favorable terms.

Our deep bench of seasoned trial lawyers protects clients in high exposure “bet-the-company” disputes, class and collective-action litigation, arbitrations, and alternative dispute resolution. From complex class actions and multi-jurisdictional cases to single-plaintiff wrongful discharge or discrimination cases, our attorneys work closely with our clients to develop winning and cost-effective strategies.

Representative Experience

• US-based online wine retailer: Representing in several class action cases, including an ADA class action regarding website accessibility and a New York Labor Law case regarding timely compensation 
• University: Defended against breach of fiduciary duty class action alleging excessive fees and imprudent investments in the university’s 403(b) retirement plans. Obtained lowest settlement to date in university 403(b) cases
• Governing board of a leading public research university system: Representing in an OSHA criminal investigation
• National transportation company: Obtained summary judgment and dismissed a discrimination claim in federal court, where the allegation was failure to accommodate an alleged disability under the Americans with Disabilities Act
• National retail company: Represented in wage and hour class and collective action and defeated conditional FLSA certification for operations consisting of thousands of employees
• Large technology company: Defended in a multi-million-dollar wage and hour class action brought by present and former employees claiming entitlement to unpaid overtime. The case was resolved for a small percentage of the claim after aggressive discovery showed that class certification would likely be denied.
• Leading human resource technology solutions company: Representing in non-competition litigation involving three key former sales employees and the alleged misappropriation of thousands of customer data files; obtained Provisional Consent Order restricting competitive activities while the parties are engaged in discovery
• International luxury brand: Representing in a multi-count and aggressively litigated matter pending in federal district court. We prevailed on our dispositive motion in its entirety and the plaintiff has filed an appeal with the First Circuit Court of Appeals. We prevailed on the appeal

Recognition

• Nixon Peabody has been named a Tier 1 firm in Buffalo, Long Island, Rhode Island, and Rochester for Litigation - Labor & Employment by U.S. News – Best Lawyers® “Best Law Firms” in 2023.