Mr. Rotter regularly first-chairs a variety of litigation matters on behalf of his clients, and his experience includes the following:
- Obtained complete defense verdict in U.S. District Court jury trial on behalf of Fortune 500 client against former employee’s discrimination and harassment claims. Drafted and argued jury instructions and pre-trial motions to court in addition to directing several client witnesses during trial and presenting documentary evidence to jury.
- Defended municipality against employees’ claims of disparate impact based on age and gender, including presentation of evidence to court over a seven-day bench trial. Direct examination of expert witnesses and cross-examination of plaintiffs, in addition to related discovery and motion practice.
- Successfully defended employer's termination of employee based on safety concerns in MSHA trial and against employee's discrimination and retaliation claims
- Successfully first-chaired appellee defense and argued before the Seventh Circuit Court of Appeals on behalf of the United States after appeal of trial verdict involving bribery of city workers. Drafted appellee brief based on relevant case law and trial evidence and presented case to Seventh Circuit Court of Appeals.
- Successfully defended clients against allegations of trade secret violations and tortious interference of contract, leading to defeat of restraining order and eventual case resolution with zero damages.
- Successfully convicted defendants engaged in mortgage fraud after three-day trial.
- Regularly appeared in U.S. District Court on behalf of the United States to argue motions and pre-trial matters, in addition to hearings involving initial charges, probationary violations, and sentencing.
- Defended national residential and hospitality property owner and operator against former employee’s claims of Title VII sex and race discrimination and retaliation. Achieved dismissal of plaintiff’s complaint resulting in judgment for client.
- Defended local energy company against employee’s claims of state and federal age discrimination and wrongful discharge, resulting in summary judgment in favor of client. Conducted and managed litigation involving contentious discovery process, detailed investigation, and taking and defending depositions, in addition to motion practice.
- Successfully negotiated favorable settlement for national manufacturer after ADEA discrimination lawsuit filed by former employee. Presented persuasive testimonial and documentary evidence to mediator prior to mediation, facilitating mediator’s ability to achieve reasonable range of positive settlement options.
- Defended national restaurant chain against wage and hour claims, resulting in de-certification of class and eventual dismissal of lawsuit.
- Assisted client with national reduction-in-force, including proper federal and state notifications, drafting numerous enforceable separation agreements, and resolving several one-off discrimination claims resulting from RIF without need for prolonged litigation.
- Defended numerous clients against employee charges of discrimination, retaliation, harassment, leave, wage and hour, and other employment claims before the EEOC, DOL, NLRB, and Colorado, Illinois, and Massachusetts state agencies.
- Successfully defended Colorado-based company against grand jury investigation and potential charges for alleged EPA/OSHA violations. Conducted internal investigation, met with federal agents, and prepared documents for disclosure demonstrating lack of client wrongdoing.
- Obtained Restraining Order against client’s former employee after threats of workplace violence. Conducted investigation, prepared evidence for hearing, and presented argument to Court.
- Successfully obtained dismissal of ADA Title II violations brought by restaurant patron. Conducted detailed investigation and coordinated presentation of proof to demonstrate proper compliance by restaurant.
- Provided advice and counsel related to grand jury subpoena and investigation of client’s management and board members.
- Investigated reports of workplace harassment, provided advice to human resources, and subsequently provided training to management-level employees to help preclude future claims.
- First-chaired litigation asserting civil theft charges against employee engaged in fraud and embezzlement.
- Defended dairy company against false allegations of animal mistreatment, including criminal investigation by law enforcement and civil claims by plaintiffs, resulting in dismissal of lawsuit.
- Successfully defended national media company and its newly hired employee against allegations by competitor for trade secret violations, breach of non-compete, and tortious interference with contract in highly-contentious action.
- First-chaired litigation against former employee in breach of restrictive covenant agreement, resulting in amended agreement providing for liquidated damages for any subsequent violations and restitution payment related to contact with client’s customers.
- Effectuated resolution of tortious interference claims brought by competitor against national part manufacturer after client unknowingly hired employee having non-competition agreement with former employer, resulting in zero damages paid by client.
- Prosecuted former employee of client after breach of non-solicitation and non-competition agreement, resulting in issuance of permanent injunction.
- Successfully lodged counterclaims against plaintiff involving breach of contract, including non-compete violations, resulting in dismissal of plaintiff’s claims by court and favorable resolution of countersuit.
Significant Trials and Hearings
White-Collar Investigations and Defense
Restrictive Covenant Litigation