Employment Litigation & Counseling

Related Professionals

Overview

Our employment litigation and counseling lawyers have significant experience practicing before federal and state courts and a variety of administrative agencies. We are skilled in handling complex employment litigation, including class actions and claims under various statutes such as the FLSA and ERISA. We regularly counsel clients in connection with the ever-increasing number of federal and state statutes and regulations affecting the employment relationship.

We are experienced in actions to enforce non-competition agreements and trade secrets. We represent clients seeking to recover sensitive documents and prevent corporate raiding of staff and customers.

Our ERISA-based litigation spans a wide range of sectors, where we have represented clients in trial and appellate courts nationwide on a wide variety of ERISA issues. We have deep experience with overlapping ERISA claims, securities class actions, derivative actions, and internal and government investigations. Our work includes: Retiree medical liabilities, Title IV, PBGC, and plan termination issues that include multi-employer plan withdrawal liability, bankruptcy issues involving pension plans, ERISA preemption, ERISA Section 510 actions, plan amendment and termination issues, and fiduciary duty litigation.

Experience

Downing v. Abbott, et al. (N.D. Ill.; 7th Cir.; U.S.)
Represented Abbott Laboratories in a $30-plus million race discrimination/retaliation lawsuit. After a two-week trial, the jury unanimously found for Abbott on all eight of plaintiff’s claims. Verdict affirmed on appeal. Cert petition defeated. Appeal related to costs awarded to Abbott unanimously affirmed.

USA ex rel. Elliott-Lewis, et al. v. Abbott Laboratories Inc. (D. Mass.; 1st Cir.)
Represented Abbott Laboratories in a longstanding False Claims Act (FCA) case brought by a former employee. Kirkland achieved dismissal of FCA and Anti-Kickback Statute claims related to allegedly improper sales and marketing practices and won summary judgment to defeat the remaining employment claims.

Gray v. ASRC Federal Holding Company, LLC (AAA)
Represented Arctic Slope Regional Corporation (ASRC), Alaska’s largest employer, in a contract dispute brought by the former CEO of an ASRC subsidiary that tested the company’s authority to suspend discretionary executive compensation during the COVID-19 pandemic. Kirkland not only completely defeated the claim, but did so based on a motion to dismiss — a rare outcome in arbitration. The arbitrator’s decision reconfirmed ASRC’s clear authority to suspend the bonus programs based on the plain meaning of the contractual language.

Brown v. Citadel Americas LLC (Ill. Cir. Ct.; Ill. App. Ct.)
Counsel for Citadel in disputes brought by a former employee concerning the termination of his employment. Kirkland persuaded the Illinois Court of Appeals to affirm the Cook County Circuit Court’s dismissal of plaintiff’s claim to invalidate the arbitration provision in his employment agreement with Citadel. Settlement achieved.

Henkel of America, Inc. v. Reliastar Life Ins Co., et al. (D. Conn.)
Plaintiff counsel for Henkel of America in litigation arising from breaches of contract related to stop loss insurance coverage and breaches of ERISA fiduciary duties related to pharmacy benefit administration. Kirkland defeated defendants’ summary judgment motions. Settlement achieved.
CRC Insurance v. Canu, et al. (Tex. Dist. Ct.)
Represented Ryan Specialty, LLC in litigation brought by Ryan’s competitor involving trade secrets, tortious interference and conspiracy claims. Kirkland secured summary judgment ending more than two years of litigation.
Snyder v. UnitedHealth Group, et al. (D. Minn.)
Represented UnitedHealth Group, Inc. in a class action lawsuit alleging breach of fiduciary duty claims and other alleged violations of ERISA over administration of its retirement plan.

Practices