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Tobias E. Schlueter

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Litigation, Employment Law, Class Action, Unfair Competition and Trade Secrets
Staffing/PEO

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

In a recent edition of Chambers USA, one major client described Mr. Schlueter as follows: “he is a fantastic attorney – incredibly responsive, knowledgeable, strategic, and a true partner to our business”

Mr. Schlueter serves as Co-Chair of Ogletree’s nationwide Unfair Competition and Trade Secrets Group. He is also a member of Ogletree’s Professional Development Steering Committee, responsible for guiding the firm in creating and systematically implementing professional development programs and initiatives. Mr. Schlueter is a strategic advocate and litigator for businesses in employment (including discrimination, retaliation, wage & hour, ADA, FMLA etc.) and unfair competition matters (including restrictive covenants (non-compete, non-solicit and confidentiality), trade secrets, duties of loyalty, tortious interference, and conspiracy, etc.). Mr. Schlueter has a proven track record in litigating high stakes matters involving temporary restraining orders and other injunctive relief. He also has significant experience trying FINRA arbitration matters.

Mr. Schlueter is rated by Chambers USA as a Top Ranked / Leading Lawyer in Labor & Employment (2017, 2018, and 2019). Only 34 lawyers in Illinois have this distinction. Mr. Schlueter is also recognized as a Best Lawyer in America (2017, 2018 and 2019) for Employment Law – Management. Super Lawyers named Mr. Schlueter as an Illinois Rising Star for 2011, 2012, 2013 and 2014.

Litigation, Employment Law, Class Action, Unfair Competition and Trade Secrets
Staffing/PEO
Learn more about Tobias E. Schlueter

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:

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. Schlueter 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. Some examples include:

Class Actions:

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

Employment:

On a daily basis Mr. Schlueter 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.

Mr. Schlueter 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:

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

Commercial Litigation:

Mr. Schlueter has extensive experience in representing companies in complex commercial matters.

Education

Admittance to Practice

Professional Activities

  • American Bar Association
  • Federalist Society
  • Catholic Charities Junior Board (former)
  • Waterleaf Women’s Center (Board Member)
  • Saints Peter & Paul School (School Board Member and current President (2013-present))
  • Saints Peter & Paul Catholic Church (Parish Council Member and past Vice President (2013-2017))

Speeches

Insights by Tobias E. Schlueter

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Low-Wage Employees in Illinois Protected From Noncompetes Under New Law

On August 19, 2016, Illinois Governor Bruce Rauner signed a bill prohibiting noncompete agreements for low-wage employees. In addition to prohibiting most private-sector employers from entering into noncompetes with their low-wage employees, the Illinois Freedom to Work Act (the Act) renders “illegal and void” any “covenant not to compete entered into between an employer and a low-wage employee” after the effective date of January 1, 2017.

Person hand another person a folder.

Five Questions You Should Ask About the Defend Trade Secrets Act

Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The Defend Trade Secrets Act of 2016 (DTSA) amended the EEA to provide private litigants the right to sue (and be sued) in federal court for trade secret misappropriation. The DTSA establishes a three-year statute of limitation and provides several remedies for successful plaintiffs, including injunctive relief, compensatory damages, and attorneys’ fees.

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