Practice Expertise

  • Commercial Litigation
  • Complex Employment Litigation
  • Business Litigation
  • Energy Sector Security Team

Areas of Practice

  • Business Litigation
  • Commercial Litigation
  • Complex Employment Litigation
  • Energy Sector Security Team
  • Environmental, Social and Governance (ESG)
  • ERISA Litigation
  • First Amendment and Free Speech
  • Labor and Employment
  • Labor and Employment Emerging Technology
  • Labor Management Relations and Labor ...
  • Labor-Management Relations and Labor ...
  • National Security
  • Sustainability and ESG
  • Unfair Competition and Employee Raiding
  • View More

Profile

Bob litigates complex employment, labor and business disputes.

Bob is a litigator who represents businesses in resolving their complex labor, employment, trade secret, non-compete and related commercial disputes. He is recognized by Chambers USA as a leader in Labor & Employment, and as a Labor & Employment Star in Benchmark Litigation’s Rankings. He advises employers regarding union organizing activities, manages union election campaigns and litigates labor arbitrations nationwide. He also serves as co-chair of the firm’s Unfair Competition and Information Protection Task Force, which concentrates on trade secret theft, restrictive covenant and non-competition matters. He handles complex employment discrimination, harassment, and wage-and-hour disputes, including class and collective actions.

Bob’s practice includes a focus on data and emerging technology in the workplace. He designs and defends programs for conducting criminal background checks in the hiring process, and is a leader in the firm’s L&E Emerging Technology Practice Group.

He is admitted to practice in the US District Courts for the Districts of Maryland, Washington, DC, the Southern District of New York, New Jersey, and Georgia; the US Courts of Appeals for the Second, Fourth, Eleventh and DC Circuits; and the state courts of Maryland, New York, New Jersey, Georgia and Washington, DC.

Relevant Experience

  • Defended numerous class action lawsuits alleging violations of the Fair Credit Reporting Act with regard to criminal background checks in the hiring process; designed background check programs for nationwide employers, and consulted regarding 50-state compliance on background check policies.
  • Advised numerous employers on the design of Bring Your Own Device (BYOD) policies and practices, and associated employment and labor risks.
  • Advised global online retailer about labor complications and surrounding legal issues regarding the integration and implementation of robotics into the company supply chair and distribution centers.
  • Coordinated union election campaigns for employers, resulting in multiple employer victories and petition withdrawals, and advised numerous clients on advance preparation for union organizing, “ambush” election petitions, and adapting to the NLRB’s evolving election rules.
  • Designed national labor relations programs and policies for retail, manufacturing and other clients, including strategic plans for expansion and migration into the nation’s most active and aggressive union markets.
  • Advised and defended political, media, lobbying and business entities targeted by organized labor and NGOs in corporate-style campaigns, including implementation of physical security measures, strategic public communications and related litigation.
  • Prosecuted and defended multi-state trade secret, non-compete and non-disclosure matters within numerous industries, including nuclear waste storage, financial services, computer software design, executive recruiting, television broadcasting, advertising and public relations, physician group services, banking, grocery retail, acoustics engineering, home improvement warehouse retail, prison commissary services, and many others.
  • Defended class and collective action lawsuits alleging statutory employment violations and business torts, including wage-hour violations, position misclassification under the Fair Labor Standards Act, violations of the Fair Credit Reporting Act flowing from the conduct of criminal background checks, race discrimination and disparate impact claims, among others.
  • Defended statistics-driven class action lawsuits and government investigations regarding pay patterns across race, gender and age groups; life insurance premium charges across racial groups, and labor economics trends in various markets.
  • Defended administrative enforcement actions and directed investigations by the EEOC and DOL on a range of claims, including disparate impact race charges, pay bias and Equal Pay Act claims, wage theft and position misclassification.
  • Litigated a wide variety of business disputes, including commercial contract claims, product liability, construction and real estate matters.
  • Defended arbitrations before and against the NLRB regarding unfair labor practice charges, and class arbitrations regarding union salting and campaign misconduct allegations.

Bar Admissions

  • District of Columbia
  • Georgia
  • Maryland
  • New Jersey
  • New York

Education
BA, Lafayette College, Government & Law, 1987

Areas of Practice

  • Business Litigation
  • Commercial Litigation
  • Complex Employment Litigation
  • Energy Sector Security Team
  • Environmental, Social and Governance (ESG)
  • ERISA Litigation
  • First Amendment and Free Speech
  • Labor and Employment
  • Labor and Employment Emerging Technology
  • Labor Management Relations and Labor Litigation
  • Labor-Management Relations and Labor Litigation
  • National Security
  • Sustainability and ESG
  • Unfair Competition and Employee Raiding

Professional Career

Significant Accomplishments
  • Represents Fortune 100 companies before the National Labor Relations Board in representation and decertification cases, employer petitions, class and complex unfair labor practice claims and compliance proceedings. 
  • Designs national labor relations programs and policies for retail, manufacturing and other clients, including strategic plans for initial expansion and migration into the nation’s most active and aggressive union markets.  
  • Litigates multidistrict and multiparty business and employment cases, including product liability, whistleblower, wage and hour, RICO, UCC, securities, construction, asset purchase and business tort matters.
  • Advises and defends political, media, lobbying and business entities targeted by organized labor and NGOs in corporate-style campaigns, including implementation of physical security measures, strategic public communications and related litigation.
  • Litigates disputes involving non-competition employment agreements in many business fields, including nuclear fuel technology, computer software and hardware design, executive recruiting, advertising services, acoustics engineering, electrical engineering, temporary personnel services, pigment manufacturing and graphic and audiovisual design.
  • Litigates trade secret and non-disclosure matters arising from employment relationships, including the protection of trademarks, service marks, patents, copyrights, trade secrets and other intellectual property and proprietary information.



Professional Activities and Experience
  • Selected for inclusion in 'Georgia Super Lawyers' (Employment and Labor), as published in Atlanta Magazine and Georgia Super Lawyers magazine®, March 2008, 2009 and 2010. A description of the selection methodology can be found on Super Lawyers’ webpage.


Articles

Additional Articles
  • Preparing for the NLRB's Proposed Changes To Union Election Rules, Food Logistics
  • Lesser-Known Social Media Legislation, Risk Management
  • California Supreme Court’s Clarification of ‘Background Check’ Laws, The Recorder
  • Are Your Clients Complying With New York City’s AEDT Law?, New York Law Journal
  • Privacy and Data Security Law Deskbook
  • Technology: Friending the unions, Inside Counsel
  • Press Pause Before Using Biometric Tech In The Workplace, Law360
  • Managing Spirituality Initiatives In The American Workplace, Law360
  • Biometrics Workplace Compliance and Best Practices for Employers, Lexis Practice Advisor
  • Employer Best Practices For Biometrics Compliance: Part 1, Law360 Expert Analysis
  • New York Enacts Further Restrictions on Settlement Agreements, Extends Statute of Limitations for Employment Claims, New York Law Journal
  • Biometrics Workplace Compliance and Best Practices for Employers, Lexis Practical Guidance
  • Employer Compliance Reminders As FCRA Class Actions Rise, Law360
  • Year 2000 Liability and Related Insurance Issues, ABA Litigation Section Business Torts Committee
  • Hot Topic: Americans with Disabilities Act (ADA) litigation, Corporate Disputes
  • Union Strategies to Confront Automation in the Workplace, SHRM
  • Biometrics Workplace Compliance and Best Practices for Employers, Lexis Practical Guidance
  • Retail Employers Face New Challenges From Pro-Labor Measures Implemented by Biden NLRB in 2023, Total Retail
  • Expert Analysis: What’s Ahead For LGBTQ Rights Legislation, Law360
  • The NLRB’s Ambush Election Rules: Their Unique Impact on Retail Employers, Hunton & Williams 2015 Retail Year in Review
  • Best Practices for Data Privacy and Security in the HR Space, Practical Law Practice Note
  • Employer Best Practices For Biometrics Compliance: Part 2, Law360 Expert Analysis
  • Epic Decision Allowing Class Action Waivers May Have Broad Implications, Westlaw Journal Employment
  • Potential Changes Under The Biden NLRB Impacting Retailers, Industry Association
  • Criminal Background Check Litigation on the Rise: What Employers Need to Know, Industry Association
  • 2023 Retail Industry Year in Review

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