Jenny K. Cooper
Jenny K. Cooper is counsel in the employment, executive compensation and employee benefits practice. She represents employers in complex employment litigation matters, including wage and hour class and collective actions, discrimination matters, whistleblower actions, and disputes concerning restrictive covenants and trade secrets issues. She counsels clients on wage and hour compliance, workforce reductions, employee discipline and discharge, disability, accommodation and leave issues, restrictive covenants, employment agreements, and the various employment law issues that arise in corporate transactions. She has successfully litigated on behalf of her clients before state and federal courts as well as administrative agencies.
More recently, Jenny has been advising clients on a range of labor and employment issues as they relate to the COVID-19 outbreak.
Jenny also has significant experience conducting highly sensitive investigations for a wide variety of clients regarding allegations of harassment, discrimination, retaliation, employee theft, inappropriate use of company resources, assault, hazing, conflicts of interest, and inappropriate relationships. She has counseled clients through remedial measures and other responses to investigative findings.
In Chambers USA, Jenny is listed as a leading labor and employment attorney in Massachusetts, described by clients as “worth her weight in gold,” and “very practical and very good on highly sensitive matters.”
Jenny is committed to pro bono service and, in addition to assisting many non-profits with employee relations issues, has advocated on behalf of women and children in domestic and international cases involving allegations of abuse and violence.
The following transactions were completed prior to joining Ropes & Gray:
Class Actions, Collective Actions, and Other Complex Litigation
- Represented global travel services company in multi-million dollar class action alleging misclassification of thousands of independent contractors.
- Represented upscale restaurant chain in a putative class action in Nevada state court alleging that servers in the chain’s restaurants were unlawfully required to pay over a portion of their tips to management.
- Represented major national bank in a class action alleging that African American financial advisors and client managers were discriminated against in connection with access to financial accounts and business opportunities, as well as in hiring, promotion, and compensation decisions.
- Represented New England restaurant chain in a collective action alleging that all store managers were improperly classified as exempt for purposes of the FLSA and MA overtime law.
- Obtained dismissal of Sarbanes-Oxley whistleblower claim before the U.S. Department of Labor against international bank.
- Obtained defense verdict in discrimination jury trial against international funeral services corporation.
Dispute with Highly Compensated Executives
- Represented international investment management firm in contract and wrongful termination dispute with former chief technology officer.
- Represented large technology company in discrimination action brought by former executive in federal district court in Pennsylvania.
Trade Secrets, Non-Competes and Unfair Competition
- Represented national insurance company in Florida state court in an action to enforce non-competition and other restrictive covenants against former employees and new employer. Claims included breach of contract, violation of the covenant of good faith and fair dealing, theft of trade secrets, and tortious interference as to former employees and new employer.
- Represented national trade organization in restrictive covenant dispute with former employee in Tennessee state court.
- Represented large software development company in enforcement of restrictive covenant and theft of trade secrets claims against former executives.
- Advised multiple companies in connection with preparing and integrating restrictive covenants into existing workforce, and incorporating other measures for protection of proprietary information.
- Investigated chief human resources officer of public agency in response to allegations of discrimination, harassment and retaliation.
- Investigated allegations of hazing at municipal police training academy.
- Investigated allegations of sexual harassment and assault at large technology company.
- Investigated allegations of inappropriate relations and conduct by highly ranked executives at large public company.
- Investigated allegations of discrimination and institutional bias at a large public company.
- Represented major retailer in New Hampshire Department of Labor wage and hour and employment practices audit.
- Represented national mortgage company in OSHA investigation and prosecution of Sarbanes-Oxley whistleblower retaliation claim.
- Represented national security services company in an Attorney General wage and hour investigation involving several thousand applicant trainees.
- Author, “Best Practices for Whistleblower Internal Investigations,” Law360 and Lexis Practice Advisor (August 21, 2017)
- Contributor, “50-State Survey of Employment Libel & Privacy Law,” Media Law Resource Center (2013)
- Presenter, “What Employers Need to Know About the New Massachusetts Law Restricting Non-Competition Agreements,” Ropes & Gray Webinar (September 5, 2018)
- Presenter, “Gender Pay Equity Developments and Trends,” Ropes & Gray Webinar (July 18, 2018)
- Presenter, “Sexual Misconduct Allegations in the Workplace: Legal Considerations for Asset Managers,” Ropes & Gray Webinar (June 28, 2018)
- JD, University of Michigan Law School, 2000; associate and executive editor; Journal of Race and Law
- BA, University of Michigan, Ann Arbor, 1997
Admissions / Qualifications
- Massachusetts, 2001
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals for the First Circuit
- The Best Lawyers in America (2017, 2019-2021)
- Legal 500 (2016-2020)
- Chambers USA, Labor & Employment (Massachusetts) (2013–2019)
- Super Lawyers, Massachusetts Rising Star (2009–2011)