Executive Compensation, Employment Counseling, and Employment-Related Litigation

We regularly represent employers and business executives on executive compensation matters, employment counseling, and employment-related litigation, including:

  • discrimination claims
  • harassment
  • retaliation
  • violations of federal and state wage/hour laws
  • ERISA and other federal statutes
  • breach of contract
  • interference with contract or prospective economic advantage
  • invasion of privacy
  • defamation
  • intentional infliction of emotional distress

On executive compensation matters, our representation includes negotiating and drafting employment or separation agreements, negotiating resolution of disputes, and if necessary litigating those disputes.

In our experience, many of the disputes are resolved quickly and efficiently with a negotiated severance or buy-out, and we handle many of these matters with a fixed budget.  In the event that the matter extends into mediation or litigation, we oftentimes can handle the matter on a modified contingency basis. 

Many of these matters have resulted in published decisions, including:

  • Leyshon v. Diehl Controls North America, Inc., 407 Ill. App. 3d 1 (1st Dist. 2011) (upholding jury verdict in excess of $13 million for breach of Executive Employment Agreement, violation of Illinois Wage Act, and defamation)
  • Nauman v. Abbott Laboratories, 669 F.3d 854 (7th Cir. 2012) (affirming judgment obtained after trial in complex ERISA case involving a corporate spinoff)
  • Fix v. Quantum Industrial Partners LDC, 374 F.3d 549 (7th Cir. 2004) (upholding summary judgment in excess of $11 million for breach of an Executive Employment Agreement, and Change in Control provisions of an executive compensation package)
  • Baker v. Kingsley, 387 F.3d 649 (7th Cir. 2004) (affirming dismissal of various breach of fiduciary duty claims under ERISA for alleged pension and health benefits)

On employment counseling and employment-related litigation, our representation includes:

  • drafting and implementing employment policies
  • negotiating and litigating hiring and termination issues
  • litigating restrictive covenant and other employment-related matters

A more detailed list of our representative matters is available.

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