Representing employers in the litigation, negotiation and arbitration/ADR of employment-related disputes is a longtime Day Pitney strength and a cornerstone practice of our firm. Our employment litigators not only have outstanding trial records but also have the proven ability to help clients solve problems in innovative, cost-effective ways before litigation becomes an option.
No matter what employment-related dispute confronts your company, it is likely that we have solved a similar problem. Our recent cases have included class actions alleging race and sex discrimination in hiring, job placement, promotion, discipline and working conditions, covenants not to compete and trade secret theft, whistleblowers of all stripes including those making claims under Sarbanes-Oxley, and wage and hour and ERISA individual and class-action claims. We also have addressed emerging issues such as image discrimination and employee privacy. With multiple experienced litigators across our offices, we have the resources and depth to mount a rapid, effective response.
A principal area of practice is the defense of employment discrimination suits. We represent management in discrimination actions of all kinds, including claims alleging age, race, gender, national origin, religion and disability discrimination. In our clients' defense, we regularly appear before federal and state courts and administrative agencies. Day Pitney is a firm with the experience to prevail in these sensitive and often complicated cases. We have tried or otherwise resolved thousands of discrimination cases across the country for employers in various industries, from small, privately held companies to large, multinational public companies.
Our lawyers regularly handle non-competition agreement controversies, which frequently involve an immediate need for swift action either to prevent the breach of a non-competition agreement or to defend against allegations that our clients' actions violate such an agreement. Day Pitney's team is ready to devote immediate attention when this kind of dispute arises, and aggressively approaches the matter without losing sight of the premium that many clients place on finding a quick, practical solution.
Prior results do not guarantee a similar outcome.
Defended ERISA class actions, including a seven-and-a-half month case in which hundreds of long-term contract workers claimed entitlement to pension, savings plan, medical and dental benefits that had been provided to company employees, resulting in dismissal of class allegations and arbitration of named plaintiffs' claims
Obtained summary judgment on a multiple-plaintiff age discrimination case by defeating plaintiffs' broad-based attack on the validity of the release of claims that each plaintiff had signed at the time of layoff
Obtained a defendant's verdict after a three-week trial in a disability discrimination and retaliation case involving a current employee of a Fortune 50 telecommunications company
Obtained a summary judgment for a Fortune 100 company against two plaintiffs making ERISA claims under a top hat plan
Obtained the dismissal of more than 60 claims that toxic workplace exposures caused cancer in employees
Negotiated a favorable settlement of a 170-member putative class/collective action alleging wage and hour violations under state and federal law
Representing an international bank and its insurers in connection with several claims relating to hazardous exposure by construction workers and others working for contractors performing post-9/11 cleanup in the World Trade Center environs
Obtained a summary judgment, which was affirmed by the First Circuit on appeal, on state and federal overtime claims by a former outside salesperson at a Fortune 100 company
Negotiated a favorable settlement of disability discrimination claims by a plaintiff who had been laid off in a reduction in force
Obtained the dismissal of a Sarbanes-Oxley whistleblower claim by OSHA for a Fortune 50 manufacturer
Litigated numerous OSHA matters in OSHRC and federal court of appeals proceedings, including industrial death cases, failure to abate and enforcement actions
Conducted multidisciplinary (OSHA, environmental, criminal) defense, including, in one case, a seven-and-a-half month trial of companies and their individual managers facing criminal and civil sanctions incidental to alleged federal and state law noncompliance
Day Pitney Trusts and Estates Partner Tasha Dickinson and Litigation Partner Mark Romance authored the article, "What Partners Can Learn From Associates: Top Five Insights," for the Daily Business Review.
Day Pitney Litigation Partners Glenn Dowd and Erick Sandler will be speaking at the "Representing Estate and Trust Beneficiaries and Fiduciaries 2022," course hosted by the ALI CLE on November 17-18, 2022.
Chair of Day Pitney's Employment and Labor Practice Heather Brochin and Senior Associate Jim Leva authored an article titled, "New Jersey Takes Aim at Restrictive Covenants," for the New Jersey Law Journal's Employment Law Special Section.
Day Pitney Alert "FTC Takes Historic Action Against The Enforcement of Non-Compete Agreements," was featured in the Inside Radio article, "Business Begins Angling To Scale Back FTC's Proposed Limits on Noncompete Agreements."