THOMPSON WIGDOR & GILLY LLP

Thompson Wigdor & Gilly LLP counsels clients on every type of labor and employment law issue facing a company today. From defending employers and individual executives named in the growing wave of employment litigation to counseling companies on the design, implementation and application of human resources policies and training initiatives, we handle the full range of management-side labor and employment law issues with the highest level of expertise, experience, and efficiency.

Employment Law Litigation. We defend companies of all sizes, as well as their executives, against individual, multi-plaintiff and class action discrimination cases, breach of contract cases, as well as nationwide collective actions for overtime violations under the Fair Labor Standards Act (FLSA). We also represent employers in claims against executives and employees who breach their fiduciary duties and/or violate restrictive covenants.

We have an in-depth and constantly evolving knowledge of the federal discrimination statutes, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), Section 1981 of Civil Rights Act and their state and local analogs. We combine this substantive knowledge with our proven litigation skills in state and federal courts, as well as agencies that administer these laws, to achieve successful outcomes for our clients.

Our expertise in litigating employment law cases also enables us to assist our clients in avoiding employment litigation altogether or, when such disputes do arise, minimizing the company's exposure effectively. Our attorneys are skilled in conducting on-site audits and internal reviews to assess your company's compliance with federal, state and local employment laws and to develop a comprehensive strategy for avoiding and managing the risk of employment litigation. Moreover, when a claim does arise, we work efficiently to conduct a promt, thorough investigation of the basis for the claim so that we are best positioned to advise the client immediately on the most effective litigation defense strategy.

Among Thompson Wigdor & Gilly LLP's more notable management-side litigation representations, we have:

• Defended a large cellular telephone company in a pattern and practice race and national origin discrimination action brought by the EEOC on behalf of 49 former employees. During the early stages of that litigation, we won dismissal of the individually-named defendants, as well as 11 of the former employee-claimants.

• Successfully investigated, defended and secured dismissal of numerous claims of race, gender and age discrimination, harassment and retaliation, as well as violations of state whistleblower statutes, filed against a large multinational express delivery service.

• Defended several investment banks, hedge funds and other financial services firms in claims of breach of contract, discrimination, harassment and retaliation.

• Defended multiple jewelry dealers against business-related claims, claims of disability discrimination and overtime claims.

• Investigated and defended claims of sexual harassment and retaliation by 11 former employees of a major movie-rental chain against the company and one of its former store managers. After Thompson Wigdor & Gilly LLP successfully obtained a full acquittal of the individual supervisor in a related criminal sexual assault trial, the matter was resolved for a fraction of plaintiff's previous settlement demands.

• Successfully investigated and defended assisted living facilities against various claims of discrimination.

Internal Investigations and Advice. The attorneys at Thompson Wigdor & Gilly LLP have conducted confidential internal investigations for some of the most prominent companies in the nation. We are experienced in developing a well-planned strategy for conducting highly sensitive internal investigations of allegations of sexual harassment, criminal activity or other improper behavior at every organizational level of a company. We respond immediately and work efficiently to provide effective, practical legal advice that protects the company's interests.

Human Resources Counseling. Our firm represents many employers of all sizes and different industries. The breadth and depth of our experience assisting companies manage their day-to-day human resources issues is a unique asset to our clients. We work confidentially and creatively with clients to develop personnel policies and practices that address their strategic and operational objectives while ensuring compliance with the governing laws and "best practices" in their industry. Specifically, we advise employers on the design, implementation and application of corporate policies, employee handbooks and reductions-in-force (RIFs), as well as the complete spectrum of labor and employment law issues arising out of mergers, acquisitions and corporate reorganizations, employee terminations, and Family and Medical Leave Act (FMLA) and disability-related leaves of absence.

A small sampling of Thompson Wigdor & Gilly LLP's recent engagements include:

• Advising a high profile start-up hedge fund with respect to all of its employment-related policies, plans and agreements, including drafting all employment agreements and policies.

• Advising a publicly-traded IT management solutions company in creating and implementing a company-wide electronic information retention policy.

• Conducting an employment audit of a well-known hedge fund, including review and advice regarding employment agreements, as well as an overhaul of its employee handbook and other employment-related policies.

• Providing day-to-day human resources advice and counsel to a major Brazilian-based investment bank.

• Acting as in-house counsel to a prestigious university alumni club, including providing guidance on all labor and employment-related issues raised by the staff and members.

Diversity and Harassment Prevention Training. Thompson Wigdor & Gilly LLP provides on-site diversity and/or harassment prevention training to employers ranging from Fortune 500 companies to emerging businesses in many different industries. We work closely with clients to develop a training program tailored to their particular workplace concerns and employee demographics. Whether the training is for broad groups of line employees or small numbers of executives, we provide interactive training that focuses on avoiding certain situations that may expose a company and individual employees to liability for sexual, racial or other forms of harassment. Moreover, our training sessions are carefully planned and conducted by experienced lawyers so that the training itself strengthens the company's defenses, without creating discoverable evidence that can be used against the company in future harassment cases.

Employment Agreements, Restrictive Covenants and Partnership Agreements. We assist clients in retaining valued employees and protecting trade secrets, intellectual property and other confidential and proprietary information available to executives and other personnel through the design, negotiation and enforcement of employment agreements, as well as noncompetition, nonsolicitation and nondisclosure agreements.

Thompson Wigdor & Gilly LLP also advises and assists entrepreneurs and other clients in the preparation of limited liability partnership (LLP) and limited liability company (LLC) agreements. We also litigate the breach of such agreements and all related tort claims, including fraud, tortious interference, misappropriation of trade secrets, conversion and breach of fiduciary duties and the duty of loyalty.

International Labor and Employment Law. Thompson Wigdor & Gilly LLP also has the unique expertise to counsel corporate clients on a wide array of international employment issues. We assist U.S. companies operating overseas or contemplating the establishment of a branch office or subsidiary in another country, as well as foreign companies with U.S. operations.

With a founding partner who is qualified to practice law in both the United States and the United Kingdom (see Douglas Wigdor's bio), we regularly counsel clients on the development of employment agreements, separation agreements, restrictive covenants and intellectual property agreements; assist clients in the establishment and maintenance of a foreign office through a branch or subsidiary, as well as the creation of employment policies that comply with all local laws; assist clients with any union recognition procedure; litigate any employment related matters including claims of discrimination and the enforceability of restrictive covenants and severance obligations; and advise clients on employment issues relating to corporate mergers or acquisitions.

We also have an established network of foreign employment, tax and corporate counsel located in many different countries who can assist our clients with operations outside the United States or United Kingdom.