Practice/Industry Group Overview
Fisher & Phillips attorneys represent employers before all federal and state courts, commissions and administrative agencies. Clients benefit from our attorneys' extensive experience in handling jury trials, complex class action litigation, employee lawsuits, unfair labor practice charges and compliance actions by various government agencies, whistleblower claims and proceedings before the U.S. Department of Labor as well as matters before private arbitrators. We also prosecute and defend trade secrets and unfair competition lawsuits. In every case we litigate, our client's business goals are our foremost objective. Our attorneys work efficiently, and with a focus on using the litigation process as a means of achieving a solution to your business problem rather than as an end unto itself. We always look for an opportunity for an early termination of a lawsuit via motions to dismiss or for summary judgment, and we use alternative dispute resolution techniques such as mediation and arbitration wherever it makes sense to do so.
Articles Authored by Lawyers at this office:
Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.
Craig A. Cowart, December 06, 2013
The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and human resources professionals learn from what happened? Keep reading...
It's Past Time To Dispel The "Half-Time" Fog
Ted Boehm,John E. Thompson, November 06, 2013
A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has descended in so-called "failed exemption" cases under the federal...
Excuse Me Judge, Could I Be Heard On That?
Michael R. Greco, October 28, 2013
A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the employee had created a detailed spreadsheet containing proprietary customer...
Strike Two - The EEOC's Failed Attempts To Limit Background Checks
Matthew R. Korn, October 04, 2013
On August 9, 2013, the EEOC suffered its second defeat of the year in litigation involving employer use of criminal and credit background checks for employment screening. A federal district court in Maryland held that the EEOC’s expert analysis was statistically flawed, unreliable, and...
Variety Is The Spice Of The Court: A Preview of the 2013-14 Supreme Court Term
Christin M. Choi,Christina M. Michael, October 04, 2013
The upcoming Supreme Court term promises a series of significant decisions for employers. No less than seven cases (and potentially two more pending petitions) will have at least some impact on all employers this year. The outcomes of these cases could affect employers’ negotiations with...
Court Finds Indiana Right-To-Work Law Unconstitutional
, September 16, 2013
In a stunning decision, a state court judge has ruled that Indiana’s hard-won right-to-work law is unconstitutional. The reasoning is strained and rests on the rather peculiar notion that “just compensation” for a union means forcing all employees to pay dues, whether they...
Supreme Court Tightens Standard In Retaliation Cases
Joseph W. Gagnon, September 05, 2013
As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the significant effect it will have on retaliation claims arising out of...
Five Documents Sure To Appear In Your Lawsuit
Mauro Ramirez, August 02, 2013
Although simple and oftentimes overused, sports metaphors can provide insight into complicated topics. When it comes to employment litigation, cases often boil down to “blocking and tackling.” In other words, the fundamental (but unglamorous) activities often make a far greater...
Make Your No-Harassment Policy Less Sexy
A. Kevin Troutman, August 02, 2013
In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many important opinions in handling these cases. But for both practical and...
Same-Sex Spouse Is Entitled To Death Benefits Under ERISA-Qualified Plan
, August 02, 2013
Following on the heels of the Supreme Court’s decision in U.S. v. Windsor, a federal district court in Pennsylvania recently held that the same-sex spouse of a deceased employee is entitled to receive death benefits under the employer’s ERISA-qualified plan. Cozen O’Connor v....
New Ruling Broadens Scope Of Massachusetts Anti-Discrimination Statute
, July 23, 2013
The Massachusetts Supreme Judicial Court (SJC), the highest court in Massachusetts, ruled on Friday that the Commonwealth’s antidiscrimination statute, which bars employment discrimination on the basis of handicap, prohibits employers from discriminating against an employee based on the...
Supreme Court Rules DOMA Is Out, Same-Sex Marriages Are Legal
, June 28, 2013
As the 2012 term of the U. S. Supreme Court comes to a close, the Justices left the most politically and emotionally charged decisions for last. On June 26, 2013, the Court handed down its decision striking down the federal Defense of Marriage Act (DOMA) in United States v. Windsor. A companion...
Supreme Court: "Good, Bad or Ugly," Arbitrator's Class Action Ruling Upheld
, June 13, 2013
On June 10, 2013 a unanimous decision of the U.S. Supreme Court clarified the standard of review federal courts will use when reviewing an arbitrator’s decision about whether parties contemplated class arbitration when they entered into a broadly worded mandatory-arbitration provision. ...
Court Strikes Down NLRB Poster Rule
, May 16, 2013
The National Labor Relations Board suffered another significant blow this week, when the U.S. Circuit Court of Appeals for the District of Columbia struck down the Board’s controversial notice-posting mandate on the basis that it infringed upon employer free speech rights, while otherwise...
Supreme Court Forbids Rewrite Of ERISA Plan
, April 17, 2013
The supremacy of a written ERISA -governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court in equity can ignore unambiguous subrogation reimbursement language, and simply rewrite the terms of an ERISA-governed plan in line with its...
Count The Cost Before Waging The War
Richard R. Meneghello, April 06, 2013
When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous quotes from that epic military treatise is “Those...
Is There An Intern In Your Future?
Tamsen L. Leachman, April 06, 2013
There was a significant increase in the number of class-action lawsuits in 2012 brought by former interns, many of whom were in unpaid positions working in the business sector. But recently the educational community received a wake-up call when Hamilton College was hit with a class-action lawsuit...
Keeping Your Students Safe From Child Abductions
Celia M. Joseph, April 06, 2013
A loud, beeping Amber Alert and accompanying visual banner filled the homes and screens of area television viewers on the evening of January 14, 2013, announcing the abduction of a five-year-old student from a Philadelphia elementary public school at 8:50 a.m. that morning.
U.S. Healthcare Reform, Foreign Employers, And Employers Of Foreign Workers
Steven A. Witt, April 03, 2013
Since the landmark 2012 U.S. Supreme Court decision in NFIB v. Sebelius, largely upholding President Obama’s Patient Protection and Affordable Care Act (the “ACA”), the U.S. government has been moving full-steam ahead on implementation of healthcare reform mandated by the ACA. The...
Mediating Non-Compete Disputes in the Medical Device Industry
Michael R. Greco, March 21, 2013
The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth of medical devices each year. Top reps at industry leaders commonly have...
, March 12, 2013
King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation.