We advise employers worldwide on the full range of Human Resources legal issues, including executive and employee disputes, the employment and employee benefits aspects of restructuring, outsourcing and M&A transactions, the protection of business interests (including confidential information, client/customer contacts, a stable workforce and intellectual property rights), data privacy and social media rules, and executive and employee compensation and benefits. Our lawyers hold leadership positions in local and international professional associations, and are recommended in Chambers, the Legal 500 and other established legal directories.
United States
In addition to providing employment advisory services, we litigate class action and other employment cases in courts throughout the United States. We have successfully defended employers in lawsuits involving allegations of discrimination, harassment, retaliation, wrongful termination, denials of employee benefits, breach of fiduciary duties under ERISA, violations under the Fair Labor Standards Act, and tort and contract claims under state law. These matters often include allegations of discrimination based on race, gender, age, and other prohibited forms of discrimination, or challenges to an employer’s classification of employees as exempt for overtime purposes. We represent clients before the EEOC in investigative proceedings involving claims of individual and “systemic” discrimination, and we facilitate resolution of sensitive or high stakes disputes with the U.S. Labor Department that require consultation with senior leadership at the DOL. Our team also has substantial experience in defending whistleblower actions, including those brought under the False Claims Act's retaliation provision.
Partners in the employment practice have successful track records in winning jury trials. We add significant value in “bet-the-company” employment litigation, and have the distinction of being one of the few firms to win a jury verdict in a class action, “pattern or practice” discrimination case. In addition, cognizant of many clients’ desire to avoid the expense and uncertainty of trial, we have repeatedly demonstrated our expertise in achieving favorable outcomes through mediation, summary judgment, or using discovery to position cases for modest or affordable settlements.
Furthermore, we represent corporations, partnerships and senior executives in sophisticated employment negotiations and disputes. Our experience includes the drafting of remuneration policies and agreements − including clawback provisions, advising on the scope and enforceability of non-competition and non-solicitation agreements; the use of trade secrets and other confidential information; interference with business relations; and entitlement to bonuses, golden parachutes and other compensation.
For a detailed description of our US Employee Benefits and Executive Compensation Practice click here.
Representative employment matters in the United States include:
- Won summary judgment in favor of a major pharmaceutical client in a whistleblower retaliation case under the False Claims Act.
- Won a jury trial for a major credit card firm defending claims based on race and national origin discrimination, and obtained an award of $265,000 in attorneys’ fees against the law firm of plaintiff’s counsel.
- Won a jury trial for a Fortune 100 manufacturing company in a class action lawsuit alleging “pattern or practice” age discrimination, which The National Law Journal ranked among the 25 most notable defense verdicts in United States.
- Successfully handled defense of nationwide class action alleging race discrimination against a major financial services firm.
- Brought injunctive action against the Labor Department to challenge the constitutionality of a special, mass audit of a law firm’s advice relating to the submission of its clients’ labor certification applications, and then successfully negotiated a consent decree that rescinded the mass audit and revoked the unconstitutional restriction on the law firm’s advice to its clients.
- Amended restrictive covenants in the US stock plans of a multinational client to ensure compliance with legal requirements in 28 countries.
- Won summary judgment and Ninth Circuit affirmance of a whistleblower/race discrimination case brought against a major pharmaceutical company.
- On behalf of a major health care network, the firm negotiated a class action FLSA consent judgment with the Labor Department relating to overtime on terms that avoided liquidated damages and civil money penalties while foreclosing any private right of action.
- Conducted nationwide audit and recommended systemic reforms of anti-harassment policies and practices of manufacturing, sales, and distribution components of an international auto company.
- Defeated $20 million in claims by two former senior brokers against an investment bank in a 26-session arbitration.
- Won a significant jury verdict for the terminated president of a medical technology firm as well as 15% of the former employer’s stock.
- Obtained injunctive relief against a former company officer concerning use or dissemination of documents downloaded from the company’s computer system.
International
Multinational employers are increasingly concerned to maintain control of their overseas employment practices − partly because the commercial and legal risks associated with non-compliance can be very significant, but also because employers know that effective management of human resources helps maintain a stable workforce and attracts talent. Our team of international employment lawyers has deep experience advising multinational companies on employment and employee benefits issues across the globe. Our model utilizes seasoned regional coordinators - senior Covington employment lawyers based in EMEA, the Americas and Asia-Pacific - who are able to rely where necessary on the support of our network of leading employment lawyers across the globe. This senior client team approach ensures that institutional knowledge about our clients and their industries is retained and incorporated into our advice − enabling us to remain focused at all times on our clients’ commercial objectives.
We regularly advise on the following international employment themes:
- Hiring - Background checks across borders; reliance on information volunteered through social media sites; international data privacy considerations; and potential discrimination risk.
- Global mobility - International assignment of employees to overseas branch or subsidiary operations.
- Mergers and acquisitions - Due diligence; anticipating employment and employee benefits issues; post-acquisition harmonization and down-sizing across borders.
- Outsourcing/off-shoring - Acquired rights rules; information and consultation obligations (both domestic and with European Works Councils, etc.); data privacy.
- Contracts and policies - Achieving a degree of international consistency; anti-discrimination and harassment procedures; whistleblowing hotlines.
- Confidential information, intellectual property and non-competes - Protecting legitimate business interests across borders.
- Cross-border litigation - Managing cases with both US and European components.
Recent projects handled by Covington’s international employment practice include:
- Drafting a global Code of Conduct for a leading US manufacturer addressing harassment, discrimination, the use of electronic communications and anti-corruption.
- Assisting a life sciences company with international assignments, including relevant cross-border corporate and individual tax risks and immigration requirements.
- Devising an international benefits plan for employees in Dubai, the US and the UK.
- Preparing pan-European employment contracts and sales commission plans for a public US technology client.
- Advising a publicly-traded US pharmaceutical company on the European privacy implications of conducting FCPA-compliant background checks on third party sales agents.
- Assisting one of the world’s largest technology companies with health and safety rules in China.
- Advising a New York-headquartered investment bank on an international assignment from the UK to China.
- Assisting a multinational professional services firm with the management of global pre-employment background checks, and preparing relevant consents/notifications.
- Defending claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
- Advised major US technology client on compulsory medical monitoring programme to be implemented in the UK and China.
- Merged the European Works Councils of two pan-European undertakings, following corporate acquisition.
Accolades
- Law360 (2010)
- Chambers UK (2012-2013)
- Employment - Employer: Christopher Walter
- Chambers Global (2012)
- Employment - UK: Christopher Walter
- Best Lawyers (2012)
- Employment - Management, Litigation - Labor & Employment: Jeffrey Huvelle
- Legal 500 UK (2012)
- Employment - Christopher Walter
- Washington DC Super Lawyers (2012)
- Employment and Labor: Jeffrey Huvelle
- Legal Week, shortlisted our London employment team for Commercial Team of the Year in 2010.
- The Lawyer, shortlisted our London employment team for UK Employment Team of the Year in 2008 and 2009.
- Tom Williamson recognized as one of "The 50 Most Influential Minority Lawyers in America" by The National Law Journal (2008).
- Wiley Branton Award for Lifetime Commitment to Equal Justice presented to Tom Williamson by the Washington Lawyers' Committee for Civil Rights and Urban Affairs (2007).
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