Steven J. Pearlman

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Partner

Chicago +1.312.962.3545

Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenant and Trade Secret Group.

Steven’s practice covers the full spectrum of employment law, with a focus on claims of discrimination, retaliation and harassment; restrictive covenant violations; theft of trade secrets; wage-and-hour violations; whistleblower retaliation; and breach of contract. He defends class and collective actions and single-plaintiff actions. He has successfully tried cases in multiple jurisdictions, and defended what is reported to be one of the largest Illinois-only class actions in the history of the U.S. District Court for the Northern District of Illinois. He also secured what is reported to be only the fifth ex parte seizure order issued under the Defend Trade Secrets Act.

Reporting to boards of directors and their audit committees, Steven conducts sensitive investigations and has testified in federal court. His investigations have involved reports of sexual harassment involving C-suite officers; systemic violations of employment laws and company policies; and fraud, compliance failures and unethical conduct.

Steven is a Fellow of the College of Labor and Employment Lawyers. Chambers describes Steven as an “outstanding lawyer” who is “very sharp and very responsive” and a “strong advocate.” Steven was 1 of 12 individuals selected by Compliance Week as a "Top Mind." Earlier in his career, he was 1 of 5 U.S. lawyers selected by Law360 as a "Rising Star Under 40" in the area of employment law and 1 of "40 Illinois Attorneys Under Forty to Watch" selected by Law Bulletin Publishing Company. Steven is a Burton Award Winner (U.S. Library of Congress) for "Distinguished Legal Writing."

Steven has served on Law360’s Employment Editorial Advisory Board and is a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is regularly quoted in leading publications such as The Wall Street Journal.

Matters

Representative Matters

Confidential investigations into scores of workplace issues and sexual harassment claims involving high-level executives, and whistleblower reports involving claims of myriad types of fraud.
Restrictive covenant and unfair competition matters, including, for example: obtaining an ex parte seizure order under the Defend Trade Secrets Act (reportedly only the fifth time such an order has been granted under the DTSA); obtaining a TRO against the former head of research and development for a large pharmaceutical company; obtaining an order significantly reducing the length of a non-competition period; and securing highly favorable settlements in matters involving alleged breaches of restrictive covenants.
Schwartz, et al. v. UBS Financial Services, 21 CV 03176 (N.D. Ill.) (defense of putative nationwide Fair Credit Reporting Act class action)
Rodriguez, et al. v. Sprint Corporation, et al., No. 15 CV 10641 (N.D. Ill.) (defense of putative nationwide Fair Credit Reporting Act class action)
Creighton, et al. v. Metropolitan Life Insurance Co., No. 15 CV 08321 (S.D.N.Y.) (defense of putative nationwide race-based disparate impact discrimination class action brought by financial advisors)
Calibuso, et al. v. Bank of America, et al., 299 F.R.D. 359 (S.D.N.Y.) (defense of putative nationwide gender discrimination class action brought by financial advisors)
Arrez, et al. v. Kelly Services, Inc., 07 CV 1289 (N.D. Ill.) (defense of putative state-wide class action involving first-impression issues under Illinois Day and Temporary Labor Services Act and Illinois Wage Payment and Collection Act; putative class size > 95,000)
Boyd, et al. v. Alutiiq Global Solutions, LLC, No. 11 CV 00753, 2011 U.S. Dist. LEXIS 88656 (N.D. Ill.) (defeated motion for nationwide collective action certification)
Williamson, et al. v. United Air Lines, Inc., 03 CV 01456 (S.D. Ind.) (defense of putative class action alleging WARN Act violations; putative class size > 900)
Filipowski v. SilkRoad Technology, Inc., No. 14 CH 3031 (Cook County, IL) (defense of former CEO’s claims for breach of employment contract)
Cox, et al. v. Flair Corp. of Ocala [subsidiary of SPX Corp.], No. 01 CV 322 (M.D. Fla.); aff’d 2003 U.S. App. LEXIS 19914 (11th Cir.) (defense verdict in multi-plaintiff jury trial involving race discrimination claims; affirmed by 11th Circuit)
Cobbs, et al. v. Mid City [subsidiary of Beauty Alliance], No. 06 CV 3971 (N.D. Ill.) (defense verdict on first plaintiff's sexual harassment and retaliation claims and mistrial on second plaintiff's claim)
Fleishman v. Continental Casualty Co., No. 09 CV 00414, 2011 U.S. Dist. LEXIS 134992 (N.D. Ill.), aff’d 11 CV 3754, 2012 U.S. App. LEXIS 21719 (7th Cir.) (summary judgment on internal counsel’s age and disability discrimination claims; affirmed on appeal)
Reed v. Freedom Mortgage Corp., 869 F.3d 543 (7th Cir.) (prevailed in defending appeal of order granting summary judgment on discrimination claims)
McShane v. Chemtrade Solutions LLC, No. SOM-L-933-16 (Somerset Cty., NJ) (defense of antitrust whistleblower claims under NJ CEPA); McShane v. Reichl, et al., No. 2016L011383 (Cook County, IL) (defense of qui tam claims under Chicago False Claims Act); McShane v. Reichl, et al., No. 2017L001074 (defense of qui tam claims under Illinois False Claims Act)
Rimini v. J.P Morgan Securities, No. 17-CV-10392, 2017 U.S. Dist. LEXIS 204673 (D. Mass.), aff’d 18 CV 1031 (1st Cir.) (dismissal of SOX whistleblower claim)
Mart v. Berkshire Hathaway Inc., et al., 10 CV 118, 2012 U.S. Dist. LEXIS 22780 (N.D. Ind.) (dismissal of SOX whistleblower claim against corporate defendants and top executive)
Schlicksup v. Caterpillar, Inc., et al., No. 09 CV 1208 (C.D. Ill.) (defense of SOX whistleblower claims against company and top executives)
Simkus v. United Airlines, No. 11 CV 02165 (N.D. Ill.) (dismissal of SOX whistleblower claim)
DuBose v. PepsiCo, Inc., et al., No. 2010L007676 (Cook Cty, IL) (dismissal of retaliatory discharge complaint)

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Proskauer Whistleblower Defense Blog

Highlights and updates in whistleblower defense claims

Edited by Lloyd B. Chinn and Steven J. Pearlman