About

Baker Hostetler represents employers in a wide array of class action disputes.  This blog is written by members of its Employment Class Action Team.

 
Gilbert Brosky concentrates his practice on wage and hour, employment litigation and labor. He focuses on assisting employers in a wide variety of employment-related matters and devotes a part of his practice to insurance coverage issues. Mr. Brosky has represented numerous clients in the insurance, newspaper and technology industries.

Mr. Brosky has assisted in the defense of numerous class and collective actions, and has specifically worked in connection with briefing collective action issues. These matters have included classes ranging from hundreds of putative plaintiffs to several thousand. He has particular experience representing clients in the information technology sector with regard to independent contractors and associated wage issues. Mr. Brosky also has experience in ERISA-related matters and has been involved in the successful defense of several clients in class actions alleging unlawful termination of benefits.

Practice Strengths

  • Class Action Defense
  • Employment Class Actions
  • Employment Counseling and Compliance
  • Employment Litigation
  • Noncompete and Trade Secrets

Education

  • J.D., University of Michigan Law School
  • B.A., Tiffin University

Bar/Court Admissions

  • U.S. Court of Appeals, First Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Western District of Michigan
  • Ohio

 

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Joyce Ackerbaum Cox focuses her practice on advising and representing employers in a wide variety of employment issues. She litigates all types of matters involving discrimination, harassment and wage and hour claims. Additionally, she handles cases and provides consultation on accessibility compliance under the Americans with Disabilities Act (“ADA”) for both public and private employers. She is a frequent speaker on employment law topics and often trains employers on proper hiring, disciplining and termination methods, sexual harassment, the ADA, the Family and Medical Leave Act and wage and hour issues.

Ms. Ackerbaum Cox serves as a core member of the firm’s national Noncompete and Trade Secrets Team, providing guidance on employee movement issues, including those arising from transactions and business acquisitions or sales. She represents employers in affirmative and defensive litigation regarding claims for violation of noncompetition and employment agreements, misappropriation of trade secrets and other unfair competition tactics. In addition, she works with organizations on a proactive basis, providing strategies designed to protect competitive elements.

Ms. Ackerbaum Cox has trial and arbitration experience and has argued successfully before the Eleventh Circuit Court of Appeals. Additionally, she was listed in Florida Trend’s Legal Elite as one of the “Best Up-and-Coming Attorneys” in 2004. Ms. Ackerbaum Cox is also listed in The Best Lawyers in America, 2007-2011 editions, and has been named a Florida Super Lawyer since 2008. She has also been ranked as one of the nation’s leading employment and labor lawyers by Chambers USA since 2006, and maintains an AV® Peer Review Rating from Martindale-Hubbell.

Practice Strengths

  • Employment Class Actions
  • Employment Counseling and Compliance
  • Employment Litigation
  • Noncompete and Trade Secrets
  • Health Care Reform

Education

  • J.D., University of Miami School of Law
  • B.B.A., University of Miami

Bar/Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • Florida

Todd Dawson focuses his practice in the wage and hour, litigation and labor relations areas. Mr. Dawson spends a large portion of his practice representing clients in wage and hour matters arising under the federal Fair Labor Standards Act (FLSA) and various state wage and hour laws. These matters have included numerous class and collective actions, ranging from hundreds of putative plaintiffs to several thousand. He was part of a team of Baker Hostetler attorneys that recently secured a significant and highly unusual class action trial verdict in the Sixth Circuit for a multinational electronics company. [Schreiber v. Philips Display Components Co., 692 F. Supp.2d 747 (ED Mich. 2010)]

Mr. Dawson has represented clients in ERISA-related matters. He has successfully defended several clients in class actions alleging unlawful termination of benefits. He has also counseled clients on benefits issues in the collective bargaining context and in unfair labor practice charges before the National Labor Relations Board.

Practice Strengths

  • Employment Class Actions
  • Employment Litigation
  • Labor Relations

Education

  • J.D., Duke University School of Law
  • B.A., Political Science, Youngstown State University

Bar/Court Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • Ohio

 

David Grant primarily represents management clients in the labor and employment law matters. He has done extensive work under the Fair Labor Standards Act and has successfully represented employers in diverse industries both in investigations by the Wage and Hour Division of the U.S. Department of Labor and in litigation brought by employees and the Solicitor of Labor’s Office.

Mr. Grant also has extensive experience under the National Labor Relations Act and in representation proceedings. He has represented employers in cutting-edge unfair labor including TNS, Inc., 309 N.L.R.B. 1348 (1992), and Overnite Transportation Co., 311 N.L.R.B. 1242 (1993). Mr. Grant has been involved in collective bargaining in the air freight industry and has handled a variety of litigation matters across the country under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans With Disabilities Act and antidiscrimination statutes.

Practice Strengths

  • Employment Class Actions
  • Employment Counseling and Compliance
  • Employment Litigation
  • Health Care Reform
  • Labor Relations

Education

  • J.D., Georgetown University Law Center
  • A.B., Bowdoin College, summa cum laude

Bar/Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, First Circuit
  • District of Columbia

 

hartman.pngHolli Hartman’s practice focuses on employment counseling and litigation, with an emphasis on providing guidance to employers to avoid litigation. She has ten years of litigation and courtroom experience and manages a multitude of employment matters for employers, including discrimination, harassment and retaliation litigation, wrongful discharge, wage and hour claims and compliance, terminations and reductions in force, noncompetition agreements and the protection of trade secrets, family leave issues, Americans with Disabilities Act enforcement, employee retention plans, compensation and executive agreements, employment class and collective actions, whistleblower actions and employee policy handbook advising and drafting. 

Holli handles all aspects of litigation, including case evaluation and budgeting, settlement and alternative dispute resolution, discovery, motions practice, jury and non-jury trials and arbitrations, appellate briefing and argument. Aside from her employment law practice, Holli has experience in litigating and resolving business disputes involving construction defect and delay law, First Amendment/media law, trust and estate probate matters, real estate development and general breach of contract and business tort causes of action.

Practice Strengths

  • Employment Litigation
  • Noncompete and Trade Secrets
  • Employment Class Actions
  • Commercial Litigation
  • Appellate Litigation
  • Media Industry

Education

  • J.D., University of Denver College of Law, 1999, Order of St. Ives
  • B.A., Journalism and Mass Communication, Iowa State University, 1992

Bar Admissions

  • Colorado, 1999

 

attfe2a8.jpegJohn Lewis is the co-chair of the firm’s Employment and Civil Rights Class Action Team. He concentrates his practice on the resolution of complex employment, civil rights and regulatory disputes, including the defense and oversight of class action litigation. Mr. Lewis has represented organizations in a wide range of industries including retail, insurance, railway, securities, telecommunications, automotive, media, financial, manufacturing, utility, hotel, computer, healthcare, food distribution and sports organizations.
The majority of Mr. Lewis’s time is devoted to alternative dispute resolution procedures, litigation and appellate practice involving federal and state anti-discrimination and fair housing laws, the Railway Labor Act, the Civil Rights Acts, the Federal Reserve Act, the Sarbanes-Oxley Act, the Employee Retirement Income Security Act and wrongful discharge, individual employment contract, trade secret, non-competition and work-related tort claims. He has participated in more than 70 cases before federal and state appellate courts presenting important issues regarding arbitration agreements, class actions, federal preemption, federal removal jurisdiction, wiretapping, employment claims, civil rights, regulatory and constitutional law.
Practice Strengths
  • Appellate Litigation
  • Class Action Defense
  • Employment Class Actions
  • Employment Litigation
Education
  • LL.M., Columbia University
  • J.D., University of Missouri School of Law
  • B.A., University of Missouri
Bar/Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Missouri
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of Ohio
  • Ohio
  • Missouri

 

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Scott McIntyre practices employment and labor law litigation and counseling, civil rights litigation, class actions, business litigation and appeals. He also advises union and non-union employers on litigation avoidance strategies and best practices. Mr. McIntyre has been named a Leading Lawyer for Business by Chambers USA since 2009. According to Chambers: “Clients laud trial lawyer Scott McIntyre for his intelligence, practicality and fine presentational skills. He is respected for his performance in employment law, civil rights litigation, and regulatory disputes.” He has also been named an Ohio Super Lawyers “Rising Star.” Mr. McIntyre has obtained successful results for clients in the media, technology, transportation, healthcare, retail, automotive, manufacturing and service industries, among others.
He has defended companies in lawsuits and proceedings instituted by federal and state administrative agencies, including the EEOC, Civil Rights Commissions and the Department of Labor. He has obtained summary judgment or dismissals on behalf of employers defending claims of sex, race, age and disability discrimination, as well as harassment, retaliation, False Claims Act allegations, ERISA, FMLA claims and various tort actions. Mr. McIntyre has experience negotiating and arbitrating labor contracts, as well as arbitrating wrongful discharge cases. He has wide-ranging experience involving noncompete matters and injunctive relief, including trade secret and unfair competition litigation, fiduciary duty claims, fraud and RICO. He also has experience defending product liability matters and various consumer litigation claims. His recent decisions include: Nerswick v. CSX Transportation, Inc., 692 F.Supp.2d 866 (S.D. Ohio 2010); Tracy v. Northrop Grumman, 2009 WL 690255 (S.D. Ohio); Baldock v. CSX Transportation, Inc., 2009 WL 585890 (S.D. Ind. 2009); and EEOC v. Unitrin Specialty et al., 2008 WL 4372680 (S.D. Ohio 2008).
Prior to entering private practice, Mr. McIntyre served as a law clerk to the Honorable Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit in Chicago, Illinois, and South Bend, Indiana. In this capacity, Mr. McIntyre’s duties included advising the Judge on various matters, assisting in the management of the appellate docket and drafting opinions. Before serving as a law clerk on the Seventh Circuit, Mr. McIntyre clerked at the federal trial level for the Honorable Karl S. Forester, Chief Judge of the United States District Court for the Eastern District of Kentucky. Mr. McIntyre’s duties included advising the judge, drafting jury instructions, assisting at trial and drafting opinions.
Mr. McIntyre is a frequent speaker and author on employment and litigation topics. His publications include: an employment law update published as the feature story in Bloomberg Law Reports; a discussion of punitive damages and constitutional law published in the Kentucky Law Journal, 88 Ky.L.J. 719; and a wage and hour update published at 32 N.Ky. L. Rev. 651. He received his law school’s award for best law review publication, as well as the highest grade award in numerous law school classes. Mr. McIntyre is a member of the executive board of the Federal Bar Association Cincinnati/Northern Kentucky Chapter, a past member of the Hamilton County (Cincinnati) Tax Levy Review Committee and has served on the Thomas More College Board of Trustees. In addition, he has taught employment law at the University of Cincinnati.

Scott McIntyre practices employment and labor law litigation and counseling, civil rights litigation, class actions, business litigation and appeals. He also advises union and non-union employers on litigation avoidance strategies and best practices. Mr. McIntyre has been named a Leading Lawyer for Business by Chambers USA since 2009. According to Chambers: “Clients laud trial lawyer Scott McIntyre for his intelligence, practicality and fine presentational skills. He is respected for his performance in employment law, civil rights litigation, and regulatory disputes.” He has also been named an Ohio Super Lawyers “Rising Star.” Mr. McIntyre has obtained successful results for clients in the media, technology, transportation, healthcare, retail, automotive, manufacturing and service industries, among others.

He has defended companies in lawsuits and proceedings instituted by federal and state administrative agencies, including the EEOC, Civil Rights Commissions and the Department of Labor. He has obtained summary judgment or dismissals on behalf of employers defending claims of sex, race, age and disability discrimination, as well as harassment, retaliation, False Claims Act allegations, ERISA, FMLA claims and various tort actions. Mr. McIntyre has experience negotiating and arbitrating labor contracts, as well as arbitrating wrongful discharge cases. He has wide-ranging experience involving noncompete matters and injunctive relief, including trade secret and unfair competition litigation, fiduciary duty claims, fraud and RICO. He also has experience defending product liability matters and various consumer litigation claims. His recent decisions include: Nerswick v. CSX Transportation, Inc., 692 F.Supp.2d 866 (S.D. Ohio 2010); Tracy v. Northrop Grumman, 2009 WL 690255 (S.D. Ohio); Baldock v. CSX Transportation, Inc., 2009 WL 585890 (S.D. Ind. 2009); and EEOC v. Unitrin Specialty et al., 2008 WL 4372680 (S.D. Ohio 2008).

Prior to entering private practice, Mr. McIntyre served as a law clerk to the Honorable Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit in Chicago, Illinois, and South Bend, Indiana. In this capacity, Mr. McIntyre’s duties included advising the Judge on various matters, assisting in the management of the appellate docket and drafting opinions. Before serving as a law clerk on the Seventh Circuit, Mr. McIntyre clerked at the federal trial level for the Honorable Karl S. Forester, Chief Judge of the United States District Court for the Eastern District of Kentucky. Mr. McIntyre’s duties included advising the judge, drafting jury instructions, assisting at trial and drafting opinions.

Mr. McIntyre is a frequent speaker and author on employment and litigation topics. His publications include: an employment law update published as the feature story in Bloomberg Law Reports; a discussion of punitive damages and constitutional law published in the Kentucky Law Journal, 88 Ky.L.J. 719; and a wage and hour update published at 32 N.Ky. L. Rev. 651. He received his law school’s award for best law review publication, as well as the highest grade award in numerous law school classes. Mr. McIntyre is a member of the executive board of the Federal Bar Association Cincinnati/Northern Kentucky Chapter, a past member of the Hamilton County (Cincinnati) Tax Levy Review Committee and has served on the Thomas More College Board of Trustees. In addition, he has taught employment law at the University of Cincinnati.

Education

  • J.D., University of Kentucky College of Law, 2001, cum laude; Articles Editor, Kentucky Law Journal; Moot Court Board
  • B.A., Thomas More College, 1997, summa cum laude, Honors Program, Student Government President

Bar Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Eastern District of Kentucky
  • U.S. District Court, Western District of Kentucky
  • U.S. District Court, Western District of Tennessee
  • U.S. District Court, Southern District of Indiana
  • Ohio
  • Kentucky

 

Greg Mersol concentrates his practice on the resolution of class action and complex employment disputes. He is a frequent speaker and writer on issues involving class actions and the defense of class action disputes. He has been certified as an employment law specialist by the Ohio State Bar Association and has been designated a Master Bencher by the Cleveland Employment Inn of Court.

Mr. Mersol’s practice focuses on assisting employers in matters ranging from class action litigation and management, restructuring and novel issues, to other difficult employment related disputes. He has defended employers in class actions on topics such as wage and hour disputes in state and federal courts, race, sex and age discrimination, public accommodations, and employee benefits.

Mr. Mersol has been described by Chambers & Partners as “a brilliant trial lawyer,” and praised for his “total unflappability” in high exposure cases. He has tried cases throughout the state and federal court systems, on matters ranging from age, race, and disability discrimination to entitlement to disability and other benefits. He has regularly argued cases before the state and federal courts of appeal. He has obtained successful results for employers in the energy, technology, retail, manufacturing, and financial services industries.

Practice Strengths

  • Class Action Defense
  • Appellate Litigation
  • Employment Class Actions
  • Employment Litigation
  • Noncompete and Trade Secrets

Education

  • J.D., Case Western Reserve University School of Law, magna cum laude, Order of the Coif
  • B.A., Case Western Reserve University

Bar/Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, District of North Dakota
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • Ohio

 

Jeffrey Vlasek concentrates his practice primarily on wage and hour issues, employment litigation and traditional labor matters. Mr. Vlasek devotes a large portion of his time to assisting clients, particularly those operating in the technology industry, with state wage and hour laws and federal claims under the Fair Labor Standards Act (FLSA). He provides counsel on claims involving alleged violations of overtime, meal and rest break requirements, as well as associated state law penalties. These matters are often class and collective actions and have ranged from hundreds of putative plaintiffs to several thousand.

Mr. Vlasek’s class action experience includes the coordination of employer defense and related discovery issues. Recently, Mr. Vlasek was part of a team of Baker Hostetler attorneys that secured a significant and highly unusual class action trial verdict in the Sixth Circuit for a multinational electronics company. [Schreiber v. Philips Display Components Co., 692 F. Supp.2d 747 (ED Mich. 2010).]

Practice Strengths

  • Employment Class Actions
  • Employment Counseling and Compliance
  • Employment Litigation
  • Labor Relations

Education

  • J.D., University of Iowa College of Law, with distinction
  • M.A., English, Cleveland State University, passed thesis exam with honors
  • B.A., English, Miami University, magna cum laude, Phi Beta Kappa

Bar/Court Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Ohio
  • Ohio