Traditional Labor Relations:
Mr. Garland has handled dozens of union avoidance campaigns from pre-filing counseling and advice to post-election litigation. Mr. Garland also negotiates collective bargaining agreements on behalf of both individual employers and employer associations.
- Won a union avoidance campaign in which the Employer was caught totally off-guard by the filing of the petition. The employer gave itself virtually no chance of winning the campaign. At the conclusion of the campaign, the employees overwhelmingly rejected unionization by a 2 to 1 margin.
- A union grieved a company’s decision to terminate a union shop steward who failed to search visitors’ vehicles at a client’s site he was guarding. The grievant in that case argued he should not have been disciplined because he claimed other security officers did not search vehicles either. After a two-day arbitration during which the union and the Company presented and cross examined witnesses and presented other evidence and post-hearing briefs, the Arbitrator sustained the Company’s decision to terminate this union shop steward.
- Obtained dismissal by the National Labor Relations Board of four unfair labor practice charges filed by a union on behalf of several of its employees in the context of a union organizing campaign.
Litigation & Administrative Experience:
Mr. Garland has handled to conclusion hundreds of lawsuits in state and federal courts throughout the United States and in arbitration as well as charges of discrimination before various administrative agencies. Some of Mr. Garland’s recent successes include the following:
- Mr. Garland obtained a complete defense victory in an age discrimination case filed in the Circuit Court for the City of St. Louis, Missouri in which Mr. Garland successfully got the case deferred to arbitration and in which the Defendant claimed in excess of $1,000,000 in damages.
- After winning summary judgment in an age discrimination case before the United States District Court for the Eastern District of Missouri, the Plaintiff appealed the decision to the Eighth Circuit Court of Appeals. On appeal, in a 2-1 decision, the divided Eighth Circuit panel reversed the decision of the District Court. Mr. Garland sought and obtained a rehearing en banc before the entire Eighth Circuit Court of Appeals. After briefing the issue and presenting oral argument before the 12 Judge compliment, the Eighth Circuit affirmed the District Courts decision to grant summary judgment in a 9-3 decision.
- Obtained summary judgment in the United States District Court for the Eastern District of Missouri on behalf of a Missouri City, the Mayor and the Police Chief in a Constitutional Claim (First Amendment) filed by a Police Sergeant. The decision was affirmed on appeal by the United States Court of Appeals for the Eighth Circuit.
- Obtained summary judgment in a sex discrimination, hostile work environment, and retaliation case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-1 et seq. (“Title VII”) and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (“IHRA”).
- Obtained a temporary and preliminary injunction against two of a Company’s former employees who stole trade secrets from their former employer. The United States District Court for the Eastern District of Missouri allowed the Company’s federal claims under the Computer Fraud and Abuse Act and the Stored Electronics Wire Communication Act to stand and dismissed all counterclaims filed by the ex-employees. This litigation ended when the two ex-employees agreed to stop operating their newly created competing business. Mr. Garland’s strategic use of computer forensics data was instrumental in obtaining this complete victory.
- Obtained a temporary and permanent injunction against a Company’s former employee who went to work for a competitor and took her former employer’s confidential, proprietary, and trade secret information to her new employer. After one day of trial, the former employee agreed to the entry of a permanent injunction preventing the former employee from working for her new employer and requiring her to return all protected information to her former employer.
- Successfully removed from Missouri State Court to the United States District Court a case in which the Plaintiff creatively attempted to plead around the Fair Labor Standards Act by stating only state law claims. After removal to federal court, Mr. Garland defeated class certification.
- After completely defeating Plaintiff’s claims on summary judgment, Mr. Garland was successful in recovering more than $200,000 in attorneys’ fees from the Plaintiff and her counsel for initiating and pursuing vexatious and frivolous litigation against the Defendant corporations.
- Mr. Garland has defended several cases brought directly by the United States Equal Employment Opportunity Commission against various corporate defendants.
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, Mr. Garland has a proven track record in high stakes litigation, including temporary restraining orders and preliminary injunctions in connection with restrictive covenants (non-compete, non-solicit and confidentiality agreements) and claims of misappropriation of trade secrets; retaliation; tortious interference; breach of fiduciary duty; and unfair competition. Mr. Garland is well-versed in the area of effectively utilizing computer forensics evidence in such litigation.
On a daily basis Mr. Garland 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. Mr. Garland routinely defends companies against employment-related charges and claims before administrative agencies and federal courts, including the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, the Illinois Department of Human Rights, the Illinois Human Rights Commission, the Missouri Department of Labor, the Illinois Department of Labor, and the various United States District Courts including the Eastern District of Missouri and Southern District of Illinois, and various state courts in Missouri, Illinois and elsewhere throughout the United States.