A company's relationship with its employees is undergoing constant and fundamental change. In the last few years, employers – no matter how careful and conscientious – have faced an increasing number of employment class actions and collective actions, as well as heightened government enforcement. Ropes & Gray can help you avoid and solve workplace problems.
Our approach is client-oriented. We work closely with clients to avoid expensive and counterproductive legal disputes through the development of sound policies and practices. Where conflict is unavoidable, our experienced employment litigators defend clients in state and federal courts, before administrative agencies, and in arbitrations. Our attorneys have a wealth of experience defending multi-party and high–exposure employment matters including:
- Wage and hour class actions and collective actions
- ERISA class actions
- Employment discrimination class actions (disparate impact and disparate treatment)
- Highly–compensated executive employment disputes
- Non-competition and trade secret claims
- Whistleblower and retaliation claims
We also regularly represent clients in a broad range of non-dispute or pre-dispute matters, including:
- Mergers and acquisitions
- Plant closings, work relocations, and layoffs
- Wage and hour audits
- Personnel policies and practices
- Employment agreements
- Executive compensation
Our clients benefit from our diverse experience and recognized skill in employment matters. Notable successes across the spectrum of our employment practice include:
- Secured complete dismissal with prejudice of putative class action in Delaware bankruptcy court alleging unpaid overtime at transportation industry portfolio company, on behalf of prominent private equity fund.
- Defended a private equity sponsor against class action joint-employer liability claims relating to alleged WARN Act violations at medical testing portfolio company.
- Successfully defended a healthcare system in an arbitration involving non-compete covenants. Two physicians threatened to leave their employment to found a practice in the same small community, affiliating themselves with one of the healthcare system’s largest competitors, in violation of a non-compete covenant in the physicians’ employment agreements with the healthcare system.
- Representing a leading private equity firm, together with its Executive Chairmen, President & CEO, and affiliated entities, in a confidential arbitration brought by a former managing director, who seeks $90 million+ in damages in connection with his termination from the company. The arbitration brings a wide range of claims, including federal and state securities fraud; common law claims sounding in fraud, contract, and quasi-contract; and a declaratory judgment claim seeking to invalidate the contractual provision requiring the former MD to sign a separation agreement to retain his Fund carried interest.
- Advised Golden Gate Capital as part of a deal team in the acquisition of Bob Evans Restaurants, the operator of family restaurants in 18 states, primarily in the Midwest, mid-Atlantic and Southeast regions of the United States.
- Counselled Bain Capital as part of a deal team in the strategic investment in Navicure, a provider of cloud-based claims management and patient payment solutions for physician practices and hospitals.
- Represented TPG as part of a deal team in the acquisition of a majority stake in Cirque du Soleil, the world-renowned live artistic entertainment producer.