Tobias E. Schlueter
Position:
Shareholder
Law Firm Name:
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Spoken languages:
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Elevator Pitch:
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Detailed Biography:
Executive Student Publications Editor, The John Marshall Law Review. The John Marshall Trial Advocacy Competition Team; Phi Delta Phi; Order of John Marshall. Recipient, Illinois Rising Star (2011 2012). (The Rising Star distinction is awarded to attorneys under the age of 40 based on 12 indicators of peer recognition and professional achievement, including professional activity and community service, writings, honors, awards, and other outstanding achievements). Reported Transactions: Mr. Schlueter counsels and advocates for corporations and management in connection with labor/employment and complex commercial matters, including litigation in state and federal courts and administrative agencies. 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. Recent examples include: On behalf of a national company, Mr. Schlueter argued and 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. At issue was the confidential and trade secret information of one of the company's business divisions that produced over $30,000,000 in sales in 2008. The company filed suit against the employee, outside sales brokers and the competitor company asserting claims of breach of restrictive covenant agreements and fiduciary duties, misappropriation of trade secrets, tortious inference with contract and civil conspiracy. After contentious litigation, including preliminary injunction proceedings, the matter resulted in a very favorable settlement for the company. On behalf of a national company, Mr. Schlueter (as second chair) 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. Class Actions: Mr. Schlueter has extensive class action defense experience, including with respect to removals under the Class Action Fairness Act. Recent experience includes: Co-leading 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 counsels 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. Commercial Litigation: Mr. Schlueter has extensive experience in representing companies in complex commercial matters. In one recent example, after removing a complaint filed against his client to the United States District Court for the Northern District of Illinois, Mr. Schlueter succeeded in convincing the plaintiff-company to voluntarily withdraw matter with prejudice. Training and Speaking: Mr. Schlueter also has provided discrimination and harassment training to the management of Fortune 500 companies throughout the United States. He has extensive experience in speaking to human resources management about leave issues under the Americans with Disabilities Act the Family and Medical Leave Act. As a member of Business 21 Publishing's Expert Faculty, Mr. Schlueter conducts Webinars for HR executives and professionals throughout the United States on Background Checks. Trial Experience: Mr. Schlueter tries cases on behalf of companies in both state and federal courts. Most recently, 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.
Date/year acquired
2002
Verified by
Self verification
Courts

US Court of Appeals for the 7th Circuit

US Court of Appeals for the 7th Circuit


Date/year acquired
2002
Verified by
Self verification
Courts

US District Court for the Northern District of Illinois

US District Court for the Northern District of Illinois

No data supplied
Job position:
Shareholder
Law Firm Name:
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Studies Board
School name:
The John Marshall Law School
Academic degree:
J.D. - Juris Doctor
Dates attended:
... - 2002
Honors:
cum laude

School name:
Franciscan University
Academic degree:
B.A. - Bachelor of Art
Dates attended:
... - 1996
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Birth date:
01/13/1974
Birth place:
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