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Unfortunately, no amount of education or training can prevent all workplace claims.  Where litigation is necessary or unavoidable, Hirschler’s employment law practice group is prepared and equipped to advocate nimbly and forcefully on behalf of its clients in court or arbitration.   Our lawyers draw upon years of first-chair experience in jury trials, bench trials, arbitrations, and appeals in jurisdictions across the country, including the “Rocket Docket” of the United States District Court for the Eastern District of Virginia, and are not afraid to take a case to verdict when that is the best or only option.  In doing so, as always, we begin with the end in mind and craft litigation strategies—often through targeted discovery and motions practice—to position our clients for success in a cost-effective manner.  Unless dictated otherwise by the circumstances of a particular case, we keep our litigation teams lean, with partner-level attorneys—often with large-firm pedigrees—driving the strategy and orchestrating key depositions, motions, hearings, and trial, while relying upon experienced junior lawyers to perform basic discovery tasks.  We also leverage established relationships with e-discovery professionals to manage the process of searching for and producing electronic records produced in discovery. 

The skilled litigators on Hirschler’s employment law team have helped our clients resolve a wide variety of employment cases, including disputes involving discrimination, retaliation, and harassment under federal and state employment laws, wrongful discharge, wage and hour issues under FLSA and state laws, employment agreements, and employee benefits under ERISA.  A particular areas of emphasis for the team’s employment litigation practice is representing companies and executives in disputes regarding restrictive covenants, including non-competition agreements, non-solicitation agreements, and confidentiality agreements, as well as trade secrets and other issues involving unfair competition. 



Defended national outsourcing company in FLSA collective action brought in federal court, helping client investigate allegations, identify inconsistencies in plaintiffs’ claims, and obtain favorable settlement.

Achieved dismissal of FLSA claims brought in federal court by home healthcare employee.

Defended international toy manufacturer against claims of employment discrimination and retaliation in federal court.

Obtained summary judgment on age discrimination claims brought against regional moving company.

Defended commuter rail operations and maintenance contractor against claims by terminated subcontractor.

Defended government contractor in a whistle-blower case brought in federal court under the False Claims Act.

Represented printing company in multi-day arbitration brought by former employees for unpaid compensation under an earn-out provision of asset purchase agreement.

Achieved dismissal of wrongful discharge claim brought against fixture company by former employee in state court.

Obtained summary judgment in favor of accounting firm on ERISA claim for retirement benefits brought by former employee and shareholder in federal court.

Obtained verdict and enforced judgment against current and former managers of company for breach of duty of loyalty, theft of trade secrets and unfair competition.

Defended cable installation company against claims of trade secret misappropriation and violation of restrictive covenants, including motion for temporary restraining order.

Obtained preliminary injunctive relief in a trade secret case on behalf of a software company against a former computer programmer to protect the confidentiality of trade secrets valued at $10 million.

Represented manufacturing company regarding claims against former employee and competitor for breach of fiduciary duty, misappropriation of trade secrets, and conspiracy.

Defended financial services professional against claims filed in federal court by former colleagues and their new firm for, among other things, trade secret misappropriation, violation of Computer Fraud and Abuse Act, and breach of fiduciary duty.

Represented physician in connection with claims by former practice of violation of restrictive covenants in employment agreement.

Defended insurance executive in federal case involving allegations of breach of restrictive covenants contained in employment agreement.

Represented co-founder and Chief Scientific Officer of biotech company in employment separation dispute.

Represented executive accused of embezzlement by former employer.




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