Tobias E. Schlueter

Learn 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, 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:

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:

Mr. Schlueter 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 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:

In a solo effort defending a Chicago-based investment firm, Mr. Schlueter 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, Mr. Schlueter cross-examined approximately seven witnesses, including the plaintiff, and directed three other witnesses.
On behalf of an international bank, Mr. Schlueter second chaired a three-day arbitration before a three-member FINRA panel in Indianapolis, Indiana resulting in a complete verdict for the bank. Mr. Schlueter cross-examined three witnesses.
After 3 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 6 witnesses.

Commercial Litigation:

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

Education & Admittance to Practice

Education

J.D., cum laude, University of Illinois Chicago, John Marshall Law School, 2002
B.A., Political Science, Franciscan University, 1996

Admittance to Practice

Illinois
U.S. District Court, Central and Northern Districts of Illinois
U.S. Court of Appeals, Seventh Circuit

Professional Activities & Speeches

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

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

Published Works

2019 - Chambers Global Practice Guides (co-author) - "USA Regional Employment 2019 – Illinois"
May 30, 2018 - SHRM Online - "Top 10 Questions About the Illinois Day and Temporary Labor Services Act"
October 12, 2017 - SHRM Online - "Illinois Responsible Job Creation Act Adds Requirements for Staffing Agencies"
November 20, 2015 - Association Media and Publishing - "Employee and Contractor Agreements to Protect Publishing Assets"
December 12, 2013 - SHRM.org - "Court Finds No Job-Based Claim Under Title II of the ADA"
November 30, 2012 - SHRM website - "Chicago Police Clerk’s Religious Bias Claim Fails"
2012 - Ogletree Deakins Unfair Competition and Trade Secrets Blog - "Continued Employment as Consideration in Illinois – A Short Primer"
2012 - Ogletree Deakins Unfair Competition and Trade Secrets Blog - "Watch Your Assets! Part Four: Key Injunction Strategies"
2012 - Ogletree Deakins Unfair Competition and Trade Secrets Blog - "Watch Your Assets! Part One: Using Injunctions to Protect Trade Secrets, Customers, Employees and Good Will"
2012 - Ogletree Deakins Unfair Competition and Trade Secrets Blog - "Watch Your Assets! Part Three: Why and When to Seek Injunctions and Temporary Restraining Orders"

Media Quotes

June 29, 2017 - Law.com - "Hiring, Not Firing, Is a New Focus in Age Discrimination Suits"
May 16, 2016 - SHRM - "Revise Nondisclosure Agreements to Comply with New Law"
October 22, 2013 - Corporate Counsel - "Quid Pro Noncompete"
October 17, 2013 - ABA Journal - "As Laws Are Passed Allowing Guns in Parked Cars at Work, Attorneys Advise Employers on Safety Rules"
October 15, 2013 - Wall Street Journal - "Guns in the Parking Lot: A Delicate Workplace Issue"
December 9, 2010 - Chicago Lawyer - "Employment: Life Has Gotten Busier for Employment Lawyers"
March 2005 - American Lawyer (named for work on behalf of the United Airlines Official Committee of Unsecured Creditors) - "Big Suits"

Honors & Awards

Leading Lawyer, Chambers USA (2017, 2018, 2019, 2020 and 2021)
Best Lawyers in America (2017, 2018, 2019, 2020 and 2021) for Employment Law – Management
Illinois Super Lawyer (2020, 2021)
Illinois Super Lawyers Rising Star (2011, 2012, 2013 & 2014)
Executive Student Publications Editor, John Marshall Law Review
The John Marshall Trial Advocacy Competition Team
Phi Delta Phi Honors Fraternity

Insights by Tobias E. Schlueter

Illinois Legislature Passes Comprehensive Non-Compete and Non-Solicitation Bill Anticipated to Be Signed by Governor Pritzker

The Illinois General Assembly recently approved House of Representatives Amendment 1 to Senate Bill (SB) 672, which would significantly reform noncompete and nonsolicitation law in Illinois. The bill will now go to Governor JB Pritzker, who is expected to sign the bill into law.

Illinois Renews Effort to Enact Expansive Restrictive Covenant Legislation

In 2016, Illinois enacted the Illinois Freedom to Work Act (IFWA). In doing so, it became one of the first states to pass legislation in response to the Obama administration’s Call to Action, which asked states to amend their restrictive covenant laws to, among other things, ban covenants not to compete for workers under a certain wage threshold.

10 Answers to FAQs Regarding the Illinois Day and Temporary Labor Services Act

Several amendments to the Illinois Day and Temporary Labor Services Act will become effective June 1, 2018. Staffing agencies (also known as “suppliers”) and user employers (“users”) are finding that some of the law’s requirements are not lessons in clarity.

Illinois’s Responsible Job Creation Act Creates Additional Requirements for Staffing Agencies

Illinois’s Responsible Job Creation Act, which will become effective June 1, 2018, amends the Day and Temporary Labor Services Act with the goal of strengthening staffing industry regulation.

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.

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.