Tobias E. Schlueter

Office Managing Shareholder | Chicago

Chambers USA Client Guide states that Tobias “comes highly recommended for his expertise in wage and hour, discrimination and restrictive covenant disputes.”

Over the years, including most recently for the 2023 rankings, clients have reported to Chambers that Tobias is:

“… a fantastic attorney – incredibly responsive, knowledgeable, strategic, and a true partner to our business”
“…knowledgeable and understands our company and pressure points.”
“… a really smart and great lawyer.”
“… always responsive, timely and understands our business.”
“…very responsive and understanding of our business. He is very practical and gives expert advice.”
“… is great, a smart and very sharp guy”

Tobias is the Managing Shareholder of Ogletree Deakins’ Chicago office. He is a member of the firm’s Management Committee and its Compensation Committee. Tobias is also a founding member of the firm’s Unfair Competition and Trade Secret practice group, where he most recently served as group Chair and Co-Chair. Tobias continues to sit on the group steering committee. He has served on numerous other committees within the firm, including the Managing Shareholder Selection Committee, Client Services Steering Committee, and the Professional Development Steering Committee.

Tobias is a strategic advocate and litigator for businesses in unfair competition matters (including restrictive covenants (noncompete, nonsolicit and confidentiality), trade secrets, duties of loyalty, tortious interference, and conspiracy, etc.). and employment (including discrimination, retaliation, wage & hour, Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), etc.). Tobias has a proven track record in litigating high stakes matters involving temporary restraining orders and other injunctive relief.

Tobias is rated by Chambers USA as a Top Ranked / Leading Lawyer in Labor & Employment (2017, 2018, 2019, 2020, 2021, 2022 and 2023). Only 55 lawyers in Illinois have this distinction. Tobias is also recognized as a Best Lawyer in America (2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024) for Employment Law – Management. In 2020, 2021, 2022, 2023 and 2024, Super Lawyers recognized him as an Illinois “Super Lawyer.” Super Lawyers previously named Tobias as an Illinois Rising Star for 2011, 2012, 2013 and 2014. Law360 featured one of Tobias’ victories when Ogletree Deakins received the “Employment Group of the Year” distinction in 2019.

More About Tobias E. Schlueter

Experience

Trial Experience:

Mr. Schlueter tries cases on behalf of companies in both state and federal courts. In a jury trial in the United States District Court for the Northern District of Illinois, Mr. Schlueter and his team won a directed verdict and dismissal of the plaintiff’s gender discrimination claim at the close of plaintiff’s case-in-chief and then won a complete defense verdict on the plaintiff’s age discrimination claim.

Appellate Experience:

Mr. Schlueter has successfully briefed and argued matters before the Seventh Circuit Court of Appeals and Illinois Appellate Courts. Some recent examples include:

On behalf of a national auto parts supplier, persuaded the Seventh Circuit Court of Appeals to preserve the district court’s summary judgment dismissal of plaintiff’s national origin discrimination and retaliation claims.
On behalf of an international insurance brokerage, persuaded the Illinois Appellate Court to reverse trial court’s ruling on motion to dismiss ruling that client’s restrictive covenant agreement had expired and therefore was unenforceable.

Restrictive Covenants, Breach of Fiduciary Duty, Trade Secrets and Related Claims:

In addition to ongoing counseling, drafting and reviewing agreements and matters involving restrictive covenants and confidential information for companies and executives, Tobias has a proven track record in high stakes litigation, including temporary restraining orders and preliminary injunctions in connection with restrictive covenants (noncompete, nonsolicit and confidentiality agreements) and claims of misappropriation of trade secrets; retaliation; tortious interference; breach of fiduciary duty; and unfair competition. Some examples include:

On behalf of a medical products company, obtained a TRO based on the inevitable disclosure doctrine in the Circuit Court of Lake County, Illinois restraining a high-level salesperson from working for a competitor. After several contentious hearings and associated briefing, the matter resulted in a consent order and decree, providing, among other restrictions, that the employee could not work for the competitor for a significant term.
On behalf of employees hired by a national rail transportation company, defeated a motion for a TRO in the United States District Court for the Northern District of Illinois alleging breach of employment agreement, misappropriation of trade secret, breach of fiduciary duty and violation of the Computer Fraud and Abuse Act. Successfully obtained an order invalidating the customer restriction contained in one of the employee’s agreements with his former employer.
On behalf of an employee hired by a medical device company, defeated a TRO in the Circuit Court of Cook County, Illinois as it related to employee’s agreement with his former employer and competitor.
On behalf of a national company, won a TRO in the United States District Court for the Northern District of Illinois restraining a key employee and inventor from working for a competitor. The TRO protected the confidential and trade secret information of one of the company’s business divisions that produced over $30,000,000 in sales in 2008.
On behalf of a national packaging company, obtained a TRO in the Circuit Court of Cook County, Illinois restraining the company’s former senior executive and head of a $250,000,000 business unit from becoming the president of a competitor’s business unit, and then successfully fended off the executive’s efforts to dissolve the TRO. The TRO remained in place for approximately six months until the parties resolved the claims through a highly favorable settlement agreement.
Defended technology company and its new employee in a lawsuit filed by the employee’s former employer in the United States District Court for the Northern District of Illinois against claims of breach of restrictive covenant agreements and fiduciary duty, misappropriation of trade secret and tortious interference with contract. During the contentious litigation, succeeded in moving the Court to bar the plaintiff’s expert witness and compelling production of other witnesses. This forced a favorable settlement agreement for the client.
Key member of the defense of five brokers in lawsuit filed by multinational insurance company in the Circuit Court of Cook County, Illinois alleging that the brokers breached their restrictive covenant agreements and fiduciary duties to the company by leaving and moving their business to a competitor. After a contentious motion practice and discovery, drafted and filed a motion for judgment on the pleadings that resulted in a swift and favorable settlement of the case.
Recovered $110,000 in matter against client’s former employee who attempted to work for a competitor.

Class Actions:

Tobias has extensive class action defense experience, including with respect to removals under the Class Action Fairness Act. Some examples include:

Co-lead the defense of a multinational company in a putative class action involving potentially thousands of plaintiffs with respect to allegations that the company’s vacation policies violated the Illinois Wage Payment and Collection Act.
Key member of legal team that successfully defended a multinational retailer against a national collective action brought by the Equal Employment Opportunity Commission alleging violations of the Americans with Disabilities Act.
Member of team that defended for-profit education company in class action asserting violations of the Fair Labor Standards Act with respect to payment of overtime compensation.

Employment:

On a daily basis Tobias represents companies on employee issues, litigation avoidance and implementing policies that are in conformance with the various federal, state and local employment statutes and laws, including the FLSA, FMLA, ADA, Title VII, and IWPCA.

Tobias routinely defends companies against employment-related charges and claims before administrative agencies and federal courts, including the Equal Employment Opportunity Commission, Illinois Department of Human Rights, Illinois Human Rights Commission, Illinois Department of Labor and the United States District Court for the Northern District of Illinois.

FINRA Arbitration:

Tobias represents companies before the Financial Industry Regulatory Authority (“FINRA”). Recent experience includes:

In a solo effort defending a Chicago-based investment firm, he won a complete verdict against a former employee who was claiming approximately $1,000,000 in compensation and damages. The arbitration spanned three days in which, in addition to opening and closing arguments, Tobias cross-examined approximately seven witnesses, including the plaintiff, and directed three other witnesses.
On behalf of an international bank, Tobias second chaired a three day arbitration before a three member FINRA panel in Indianapolis, Indiana resulting in a complete verdict for the bank. He cross-examined three witnesses.
After three days of FINRA arbitration, obtained $154,226 award for another international bank against former broker who resigned without repaying a promissory note. Broker filed counterclaims for disability discrimination, which were were completely rejected by the FINRA panel. Arbitration involved six witnesses.

Commercial Litigation:

Tobias has extensive experience in representing companies in complex commercial matters.

Education & Admission

Professional Activities

Speeches

Workplace Strategies Seminar (moderator) – “Restrictive Covenants Under Assault: What You Need to Know in 2022” – Phoenix – May 5, 2022
Ogletree Deakins Webinar – “Changes to Illinois Restrictive Covenant Law Are Coming: Is Your Company Prepared?” – December 7, 2021
Corporate Labor and Employment Counsel Exclusive – “Telecommuting Issues for Today’s Remote Workforce” – November 12, 2020
Corporate Labor and Employment Counsel Exclusive – “Protecting Trade Secrets and Confidential Information in Today’s Global Electronic Environment” – New Orleans – November 15, 2019
Ogletree Deakins Workplace Strategies Seminar – “The Changing Landscape of Noncompete and Trade Secrets Law” – Las Vegas – May 3, 2019
Corporate Labor and Employment Counsel Exclusive – “Restrictive Covenant Front Lines: Recent Developments and Decisions” – La Quinta – November 9, 2018
Labor and Employment Counsel Exclusive – “The Dizzying Array of State and Local Employment Laws: Round 4— Background Checks and Guns in the Workplace” – Boca Raton – November 10, 2017
Ogletree Deakins Workplace Strategies Seminar (moderator) – “No Sharing Allowed! Federal Agencies Focus on Pay Data and Non-poaching Agreements” – San Diego – 2017
Manpower Webinar – “Answers to the World’s Scariest Employment Law Questions” – October 31, 2016
Ogletree Deakins Corporate Labor and Employment Counsel Exclusive – “Trade Secrest Protection With Teeth: The Defend Trade Secrets Act of 2016” – Colorado Springs – September 29, 2016
Association of Corporate Counsel, Chicago Chapter – “Defend Trade Secrets Act” – Chicago and Oak Brook – August 2016
Ogletree Deakins Webinar – “The Defend Trade Secrets Act Breaks New Ground: Key Provisions and Next Steps for Employers” – May 17, 2016
Lorman Group Webinar – “The Defend Trade Secrets Act of 2016: What Lawyers Need to Know” – 2016
Ogletree Deakins Workplace Strategies Seminar – “My Favorite Mistake – Perspective from the Plaintiffs’ Bar” – Chicago – 2016
Ogletree Deakins Corporate Labor and Employment Counsel Exclusive – “Successfully using Restrictive Covenants to Protect your Company” – Phoenix – 2015
Ogletree Deakins Workplace Strategies Seminar – “Unfair Competition and Trade Secret Law – Recent Developments and Hot-Button Issues” – San Antonio – 2015
Ogletree Deakins Breakfast Briefing – “Guns, Drugs and Marriage” – Chicago – May 2014
Ogletree Deakins Workplace Strategies Seminar – “Guns in the Workplace – Managing Risky Behavior without Creating Liability” – Las Vegas – May 2014
North Shore Labor Counsel – “Recent Employment Cases & What We Can Learn From Them” – Chicago – April 2014
Association of Corporate Counsel, Chicago Chapter – “Guns, Drugs, Competition, ?? The New and the Quirky In Illinois Employment Law” – Chicago – October 9 – 10, 2013
Ogletree Deakins Workplace Strategies Seminar – “Cover Your Assets! Tips for Protecting Trade Secrets and Confidential Information” – New Orleans – May 2013
Ogletree Deakins Webinar – “Watch Your Assets! Tips for Protecting Trade Secrets and Confidential Information” – February 19, 2013
Ogletree Deakins Workplace Strategies Seminar – “Watch Your Assets! Using Injunctions to Protect Trade Secrets, Customers, Employees and Good Will” – Phoenix – May 2012
Ogletree Deakins webinar – “Non-Compete Agreements: What You Need to Know to Avoid Unfair Competition” – September 28, 2011
Ogletree Deakins Breakfast Briefing – “2011 Employment Law Update (Supreme Court, Illinois Statutes, ADAAA and FMLA)” – Oak Brook – September 20, 2011
Chicago Bar Association, Business Law Committee – “Five Tips to Drafting Effective Restrictive Covenants” – Chicago – September 7, 2011
Ogletree Deakins Workplace Strategies Seminar – “Illinois Labor and Employment Law Update” – Chicago – May 2011
Business 21 Publishing webinar – “Background Checks: Getting the Facts on Job Candidates – Legally” – 2007 – 2008
Council on Education in Management Illinois Personnel Law Update Annual Conference – “Training Managers to Navigate the Treacherous Waters Surrounding the ADA: Update on Reasonable Accommodations and Other Perplexing ADA Issues” – Chicago – 2004
Council on Education in Management Illinois Personnel Law Update Annual Conference – “Implementing Advanced Techniques for Managing the Interplay of the ADA, FMLA and Worker’s Comp: Case Studies of Your Most Confusing Conundrums” – Chicago – 2003

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Tobias E. Schlueter

Office Managing Shareholder | Chicago

More About Tobias E. Schlueter

Experience

Education & Admission

Education

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Professional Activities

Speeches

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Media Quotes

Honors & Awards

Insights by Tobias E. Schlueter

FTC Announces Open Commission Meeting to Vote to Issue Final Rule Banning Noncompetes

FDIC Seeks to Restrict Noncompete Agreements in Bank Mergers

NLRB General Counsel Says Noncompete Agreements Violate Federal Labor Law

FTC Issues Proposed Rule to Ban Non-Competes: Is This the End for Such Agreements?

Illinois Amends Nurse Agency Licensing Act to Prohibit Noncompetes and Add New Reporting Requirements

Governor Pritzker Signs Illinois Noncompete Legislation Into Law

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