Individual Employee Litigation & Arbitration

As individual employee litigation and arbitration claims steadily increase, employers face the ongoing challenge of managing these claims efficiently. At Morgan Lewis, we partner with clients to continually assess the risk of individual employment litigation and arbitration matters. Using our global resources and shared experience, we work closely with our clients to apply creative and cutting-edge solutions. When issues arise, we provide counseling, case management, and trial proficiency.

When litigation represents the best option, we defend our clients in state and US federal courts, before arbitrators, and before European employment tribunals—always with an eye toward efficient and effective resolution. We combine our industry know-how, geographic coverage, and practice depth to benefit our clients. Our experience spans the financial services, manufacturing, pharmaceutical and life sciences, technology, transportation, and retail sectors, among many others.

We manage portfolios of labor and employment litigation under national or regional employment counsel arrangements. We bring new efficiencies, strengths, and value to our clients’ legal and business operations. Alternative fee arrangements are an important aspect of these relationships, and we develop customized arrangements that help clients achieve greater efficiency with cost savings and ease of management responsibilities. Many clients renew these arrangements for multiple terms, demonstrating the value that such portfolio arrangements deliver.

Employment Disputes

We defend employment disputes, including:

Discrimination actions, including those claiming age, race, gender, marital status, disability, sexual orientation, religion, and national origin discrimination
Equal Employment Opportunity Commission (EEOC), US Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP), and state agency claims
Unfair competition litigation
Wrongful termination matters
Retaliation claims
Whistleblower actions, including Sarbanes-Oxley and Dodd-Frank claims
Harassment matters
Defamation actions, including U5 defamation and expungement
Compensation- and deferred compensation–related claims

Alternative Dispute Resolution

We guide clients through alternative dispute resolution and industry-specific programs such as Financial Industry Regulatory Authority (FINRA) and other financial services arbitration. We represent clients in disputes before the American Arbitration Association (AAA), as well as in mediation and internal grievance alternative dispute resolution programs. In addition, we counsel clients about using, developing, and implementing arbitration agreements and class action waivers.

Preventive Strategies

Carefully managing individual employment claims is an essential preventive strategy to avoid matters that could evolve into costly class or collective actions. We work closely with our clients to monitor litigation and identify patterns and trends. Our reservoir of rapidly accessible research tools maximizes our ability to handle cases effectively. We understand the cost pressures our clients face when defending individual employment claims, particularly those that involve relatively low economic stakes. By leveraging our knowledge of clients and their individual industries with our internal resources, we draw on solutions crafted to provide the best defense in the most cost-effective manner. These efficient solutions align with our clients’ business objectives. This allows us to ultimately serve our clients’ long-term interests.

California-Specific Representation

Companies operating in California face myriad state-specific laws. For these employers, our lawyers based in San Francisco, Silicon Valley, Los Angeles, and Orange County understand the nuances of California and federal law. Our teams are well versed in California’s unique approaches to personnel issues. We know how the state’s particular labor code sections and common-law rules can present challenges for companies that do business there.