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Practice Leader: Deborah P. Kelly

One of Dickstein Shapiro’s fundamental strengths is its litigation capability. The firm’s practice regularly litigates in federal and state courts and administrative agencies throughout the United States. For example, Dickstein Shapiro represents:

• A financial services company in litigation against a former senior employee at FINRA who brazenly breached provisions of the company’s garden leave policy when the employee began working for a direct competitor immediately upon resignation. After extensive discovery, the firm successfully negotiated a favorable settlement on behalf of the client;
• A financial services company in obtaining a temporary restraining order in District Court for the Southern District of California against a former employee who took client lists to a competitor. This case not only prevented the former employee from using client lists to solicit business for their new employer, but also obtained a ruling on a new issue of law relating to whether a former employee has the right to keep a client list recreated by memory after leaving employment;
• Under Armour in Maryland District Court against allegations that its existing employee breached a nonsolicit/noncompete agreement with a leading competitor;
• Booz Allen Hamilton in DC Superior Court against allegations of race discrimination by a former employee;
• Tempo Research, a subsidiary of a Fortune 500 company, in a California Court of Appeals Second District wage-hour class action case seeking retention bonuses to be paid over four years, but which were not paid due to layoffs following a substantial recession in the industry;
• Aiko Party in a California Superior Court, San Diego County class action claim alleging misclassification of store managers and assistant managers, failure to pay overtime, and failure to provide meal and rest periods;
• Masco Corp., the subsidiary of a major consumer products company, in a District Court for the Southern District of California class action filed by door installers working throughout Southern California;
• Signix, Inc., a company that had relied on a background check company’s forms to be compliant with the federal Fair Credit Reporting Act, in a class action filed on behalf of more than 17,000 individuals claiming technical noncompliance with the Act;
• Supercuts, franchisor and franchisee in California Superior Court against claims of sexual harassment and national origin, religious, sexual orientation, and gender discrimination brought by a former employee;
• Metlife, Inc., a major insurer, in California Superior Court jury trial on a claim brought by an employee claiming breach of contract and assault and battery by a coworker;
• HR Textron, an international aerospace company, in a California Superior Court jury trial in a claim brought by former director who alleged age discrimination and breach of contract;
• Toshiba America Electronic Components, an international computer manufacturer, and five individuals in litigation in United States District Court Central District of California, brought by a former computer support specialist who was the only person of color affected by a small layoff;
• Universal Savings Bank in California Superior Court, Orange County litigation, alleging termination in violation of public policy and wrongful discharge in breach of an implied contract;
• Hawthorne Savings Bank in California Superior Court, Los Angeles litigation brought by a former senior loan administrator who resigned following a demotion;
• Sbarro, Inc., a national restaurant chain, in a California Superior Court, San Diego litigation brought by an area manager receiving long-term disability benefits under corporate plan and from Social Security who had been terminated following a permanently disabling injury;
• BP Chemicals (HITCO), Inc., a subsidiary of BP America, in a California Superior Court, Los Angeles litigation brought by former plant maintenance manager terminated following three years of below-standard performance evaluations;
• A government contractor and two individual defendants in federal district court in DC against allegations of discrimination filed by former employee;
• Citipostal in a breach of contract case in New York Supreme Court;
• The Board of Directors of an international food manufacturer to advise them on all matters concerning strategic decisions regarding top executives, executive compensation, and structuring of human resources;
• Vice Chair of American International Group (AIG) Stasia Kelly and other top executives in their decisions whether to invoke Good Reason provisions of their contracts in the aftermath of Special Master Ken Feinberg’s decision to drastically reduce their salaries;
• Citizens Financial Group in a gender discrimination allegation by one of the most senior-level women in the organization;
• RBS Securities Inc. before the FINRA in three claims brought by former traders. The firm also conducts EEO management training for RBS nationwide and represents the company in matters concerning wage and hour audits;
• The law firm of Boies, Schiller & Flexner LLP in employment matters and litigation arising out of its various offices;
• Vertex, Inc. against discrimination claims filed in federal court by two former employees;
• The Recording Industry Association of America against allegations of discrimination on the basis of national origin and wage and hour violations filed in California;
• Gladstone Management Corporation in matters concerning former high-ranking officers within the company and its affiliates;
• A former high-ranking executive at Maidenform, Inc. in defusing and resolving threats of litigation;
• Ridgewood Energy Corporation in California against allegations of misconduct by an officer;
• Jackson & Tull against allegations filed by a former senior officer after he was terminated;
• One of the nation’s largest homebuilders in a class action suit filed in the U.S. District Court for the Western District of New York alleging violation of the FLSA;
• A federally chartered home mortgage funding corporation in a wage and hour class action suit in California;
• AT&T in the race/national origin discrimination case Bhatia v. AT&T (federal jury returned a defense verdict);
• The nation’s largest pharmacy organization in a four-count employment discrimination complaint (summary judgment granted);
• A Fortune 50 company against charges of race and age discrimination in a week-long arbitration trial;
• A Fortune 100 company against allegations of race, retaliation, and age discrimination;
• A national security company against allegations of sexual harassment in the EEOC’s test case of Ellerth and Faragher (summary judgment granted by federal court);
• A leading engineering consulting firm against sexual harassment charges (summary judgment granted by federal court);
• A major investment securities company against claims of sexual harassment under Title VII of the Violence Against Women Act (motion to dismiss granted);
• One of the nation’s leading software companies against charges of race discrimination (federal jury returned defense verdict);
• A leading software manufacturer in a disability and gender discrimination action (summary judgment granted);
• A leading manufacturer against claims of violating the FLSA;
• A national electronics retailer in a class action and multiple individual discrimination lawsuit;
• RBS Securities Inc. in matters concerning wage and hour audits;
• GranQuartz to roll out and structure its noncompetes across the United States;
• Harley Davidson Motor Company from 2004 to 2009 to conduct EEO compliance training for all of its national dealers;
• Fannie Mae for all EEO compliance training for its managers nationwide; and
• The National Association of Broadcasters (NAB) in its employment matters.