McDermott Will & Schulte, a global law firm

Data gives businesses the power to make informed decisions and compete more effectively – but collecting, storing, and using data can result in legal and regulatory exposure. Our cybersecurity lawyers help you navigate that risk while supporting the strategic use of data to enhance your business operations.

We advise on all aspects of data, privacy, and cybersecurity, from developing compliance frameworks and implementing defensible security standards to counseling on product development, AI integration, digital marketing, and data monetization strategies. We also help clients navigate cross-border data transfers, incident response and data breach matters, investigations, regulatory scrutiny, and litigation.

Privacy, cybersecurity, and data governance issues touch every part of your business. Our cybersecurity lawyers collaborate across key practice areas including technology, transactions, litigation, employment, investigations, and regulatory to address risk wherever it arises. The team also includes engineers and computer coders, former in-house counsel, and former senior government officials, including cybercrime prosecutors.

Our lawyers helped shape major privacy frameworks – including the California Privacy Rights Act (CPRA) and the European Union’s General Data Protection Regulation (GDPR). We also advise on other evolving state, federal, and international privacy laws, including the California Consumer Privacy Act (CCPA), the e-Privacy regulation, and sector-specific requirements.

We work with you to assess cybersecurity maturity, identify gaps, and develop tailored risk mitigation strategies. When incidents occur, we help you respond to data breaches, ransomware attacks, insider threats, and other cybersecurity incidents with a focus on limiting business disruption and financial exposure. Our cybersecurity lawyers also guide you through sensitive investigations, regulatory scrutiny, litigation, and other disputes that arise from the misuse, loss, or theft of data.

Managing the legal and regulatory exposure associated with data use has become more complex as technologies advance and cyber threats become more sophisticated. We help you mitigate data, privacy, and cybersecurity risk through integrated strategies designed to protect your business, advance innovation, and support growth.

McDermott Will & Schulte handle[s] complex and sophisticated matters with great creative thinking and responsiveness.
– Client Testimonial in Chambers USA

In today’s dynamic business environment, safeguarding your organization’s competitive edge is paramount. As employees transition between roles, companies, and jurisdictions, the legal nuances of employee mobility, such as the enforcement of and compliance with restrictive covenants, become increasingly significant.

With us, you have a team of employment lawyers dedicated to protecting your critical assets – including trade secrets, client relationships, and proprietary information – amidst the complexities of workforce transitions and a fiercely competitive landscape.

Comprehensive Employee Mobility Services

Navigate the intricacies of employee mobility with confidence, knowing that your organization’s vital interests are protected by a team with the necessary experience, strategic foresight, and commitment to excellence.

• Restrictive covenants drafting and negotiation: We craft enforceable noncompete, nondisclosure, and nonsolicitation agreements tailored to protect your interests while following the laws of each jurisdiction.
• Trade secrets protection strategies: Our team implements robust measures to safeguard your proprietary information, including employee training, internal policies, and swift legal action when necessary.
• Cross-border employment transitions: Navigating international employee mobility requires a high level of skill. We ensure compliance with diverse legal frameworks and manage risks associated with global workforce movements and employee mobility initiatives.
• Policy development and training: We support clients in developing internal policies, and we conduct training sessions to educate employees on their obligations under restrictive covenants and the importance of protecting confidential information. Our training programs are designed to enhance compliance and reduce legal risks.
• Regulatory compliance audits: Our team conducts thorough audits to assess adherence to federal and state regulations governing restrictive covenants, mitigate potential risks, and ensure your practices align with current legal standards
• Executive transitions: From hiring and onboarding to departure, we provide counsel and implement protocols to mitigate risks associated with executive transitions. Our proactive approach includes negotiating with former employers and establishing safeguards to protect your organization’s interests. We prioritize open communication and collaboration to ensure that you are fully informed and involved in every step of the process.
• Litigation and dispute resolution: When disputes arise, our litigation experience enables us to identify appropriate actions and forums to achieve your business goals effectively. We have a proven track record in prosecuting and defending claims involving unfair competition, misappropriation of trade secrets, and breaches of fiduciary duty across state and federal courts.

They grasp the subtleties of a case quickly and are incredibly strategic with their advice and strategy.
– Client Testimonial in Chambers USA

Employers face high-stakes risks and exposure as class action litigation escalates. To avoid and mitigate financial and business consequences, you need counsel who can ensure compliance with federal and state laws, swiftly defend your interests, and protect your future.

McDermott Will & Schulte's employment lawyers help leading public and private companies worldwide comply with US employee classification laws, including the Fair Labor Standards Act (FLSA) and relevant state laws. When potential misclassification triggers government investigations or lawsuits, our employment lawyers – many of whom are former high-ranking US federal prosecutors and government officials – leverage decades of experience to help you limit your legal liability and minimize reputational damage.

In addition to defending against misclassification lawsuits, our seasoned trial and appellate lawyers can defend you in a wide range of complex employment class action lawsuits filed by government agencies, employees, and labor unions, involving claims under various US federal and state laws.

Employee Classification

Our employment team helps you ensure that your employees are classified appropriately under the FLSA and relevant state laws. With experience advising clients across all industries, we apply sector-specific knowledge to proactively guide you on policy development, compliance, and defense strategies.

Our lawyers have extensive knowledge of the classification of exempt and nonexempt employees, employees versus independent contractors, and business-to-business (B2B) contracts that may raise joint employer issues. We will work with you to properly characterize these business relationships in the context of agreements, policies, and practices.

On behalf of clients in employee classification matters, our team:

• Develops policies to comply with federal and state laws concerning classification, overtime, non-discretionary bonus regular rate recalculations, meal and rest periods, off-the-clock work, recordkeeping, and payroll deductions, among other issues
• Conducts regular policy reviews to ensure compliance and assess potential violations
• Rolls out new policies and delivers customized trainings to improve manager and employee compliance
• Advises on complex issues relating to the classification of gig workers and other independent contractors, including applying the ABC test, established by the California Supreme Court (our lawyer was directly involved in the case that led to the ABC test)
• Advises companies in the entertainment and sports industry contracting with loan-outs, leveraging the right labor, tax, and corporate laws to build the strongest agreements
• Defends against government investigations and compliance audits to minimize liability
• Defends against high-stakes wage-and-hour litigation, leveraging our experience handling hundreds of such cases successfully for our clients

Employment Class Action

Our employment class action lawyers have successfully defended clients against large-scale, multijurisdictional class action lawsuits involving thousands of employees. We represent clients across state and federal courts, appellate courts, and before the US Supreme Court in actions involving claims under several US federal and state laws, including:

• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Civil Rights Act – Title VII and Section 1981
• Equal Pay Act (EPA)
• Fair Credit Reporting Act (FCRA)
• Fair Labor Standards Act (FLSA)
• Private Attorneys General Act (PAGA)
• Worker Adjustment and Retraining Notification Act (WARN)

To protect your reputation, our employment class action litigation team takes a proactive approach to crisis management and media relations, including directly addressing plaintiffs’ lawyers who leverage the media in attempts to extract unreasonable damages. Additionally, to minimize liability from potential disputes, we help you implement arbitration programs that prevent individuals from bringing class or collective claims.

Our employment team also has significant experience defending against pattern and practice lawsuits brought by the Equal Employment Opportunity Commission (EEOC), state and federal department of labor actions, and attorney general enforcement actions. Whether in arbitration, early-stage meditation, or litigation, we know how and where to apply pressure to obtain the best result for you.

We offer distinct advantages in employment class actions including:

• First-chair trial lawyers who have won favorable verdicts in cases involving sophisticated employment issues
• An impressive track record of success in employment disputes, including the complete elimination of class action claims
• Deep familiarity with leading plaintiffs’ lawyers and their pressure points, allowing us to develop effective defense and resolution strategies
• A top-tier appellate practice that we leverage to craft legal arguments likely to withstand the test of an appeal
• Lawyers with extensive networks within the class action community, enabling us to spot emerging trends that can lead to the next big wave of class action litigation

Union elections and National Labor Relations Board (NLRB) investigations are spiking and are at historic levels. Labor unions are deploying new tactics to challenge business plans and brand reputations for unionized and non-unionized companies across industries.

Our next-gen, diverse labor team advises and represents clients across the United States and Europe. We serve as trusted counsel in high-stakes matters, including union elections; collective bargaining; NLRB investigations, trials and appeals; labor arbitrations; and legislative drafting. We regularly advise investors and corporations on strategic labor issues in transactions, integrations and reorganizations.

We provide cross-disciplinary advising and work seamlessly with our leading partners in employee benefits, antitrust, tax, corporate and healthcare practices, among others. Our team’s approach to labor representation is strategic, business-focused and swift.

The team at McDermott Will & Schulte is highly skilled at advising on employment law topics and complex personnel issues.
– Client Testimonial in Chambers USA

Proactively addressing diversity, gender, and pay equity is a top priority for employers. You look to counsel to be on the pulse of these issues and to help develop plans that are ahead of the curve and protect your organization’s people, culture, and reputation.

Our global employment lawyers counsel industry-leading public and private companies, boards of directors, and senior executives on employment discrimination, internal investigations, and aligning advice with your business objectives. Our approach goes beyond rote legal recitation to provide comprehensive and business-oriented solutions for protecting the organization’s market position and minimizing legal liability, financial loss, and reputational damage.

Bringing decades of management-side experience in pay equity, discrimination, and harassment lawsuits, our employment lawyers combine diversity, equity, and inclusion (DEI) best practices with deep knowledge of anti-discrimination laws to proactively identify concerns within the organization and deliver customized solutions.

If faced with an employment discrimination lawsuit, our litigators have a proven track record of success, from negotiating early settlements that minimize impact to winning favorable verdicts in arbitration and in state and federal courts.

Pay Equity

We help global employers comply with the evolving legal frameworks that govern pay equity. Through confidential pay studies in partnership with trusted experts, our lawyers identify and address pay discrepancies based on gender, race, ethnicity, or other factors before challenges arise.

Our employment and executive compensation teams work together to analyze sector-specific pay data, compensation structures, pay equity laws, and board fiduciary responsibilities to help you protect your business. We partner with organizations to:

• Administer a pay study under attorney-client privilege
• Assess pay disparities
• Review policies and pipeline initiatives to identify root causes
• Develop an action plan based on findings – either by implementing policy, pipeline, culture, and other changes compliant with state and federal requirements, or redesigning compensation structures for compliance, impact, and competitive edge
• Conduct assessments on a global basis considering relevant foreign pay equity laws and reporting requirements

Harassment & Employment Discrimination

We take a proactive approach to help our clients navigate sensitive allegations of workplace harassment and discrimination. Such allegations are becoming increasingly complex to manage, with the rise of such claims being posted directly to social media.

To prevent allegations from arising, our lawyers partner with your in-house legal and human resources teams to evaluate conduct, update policies, provide interactive trainings, and foster a culture of compliance. We work closely with your organization to:

• Conduct harassment prevention training programs for employees across all levels of your organization, as well as offer one-on-one executive leadership training for members of your C-suite and board
• Ensure compliance with state and federal regulations, including the deployment of confidential reporting systems
• Identify potential risks and make informed decisions about allocating compliance resources

If you are faced with a high-stakes harassment or discrimination claim, we work with your in-house teams to respond swiftly and take decisive action, including measures to:

• Conduct an extensive internal investigation and deliver recommendations for corrective action
• Form a special committee of the board to provide necessary independence to the process
• Counsel the board on disclosure obligations to shareholders, regulators, and other stakeholders to mitigate risk for shareholder derivative litigation
• Deploy a crisis management plan, including an appropriate public statement

The entire team that I work with are very professional, knowledgeable, thought provoking, and provide the necessary options to ensure we are totally compliant.
– Client Testimonial in Chambers USA

Companies show their commitment to inclusivity by ensuring that they provide proper accommodations for all people. We help companies navigate accessibility laws to create a welcoming and accessible environment for people with disabilities.

From Fortune 100 companies to disability rights organizations, all types of businesses in numerous industries turn to us to help them address their unique challenges under Title III of the Americans with Disabilities Act (ADA) and related laws. Led by a former deputy assistant attorney general of the US Department of Justice’s Civil Rights Division – who in that position enforced the ADA nationwide – our team has more than 10 lawyers who work in this niche area. Equipped with built-in efficiencies from handling a wide scope of cases for many different clients, we produce the desired results in a cost-effective manner.

Counseling

In addition to advising on day-to-day legal issues, our team develops ADA compliance programs – which include conducting audits, preparing policies and developing training – for companies to address customer complaints involving accessibility issues and to mitigate against litigation risk. This counseling work also includes advising clients on how to design and construct facilities in compliance with building codes and accessibility requirements.

Litigation

Our team has extensive experience handling all types of ADA lawsuits in courts across the country as well as before administrative agencies such as the Florida Commission on Human Relations and California’s Department of Fair Employment and Housing. These cases concern virtually every aspect of Title III of the ADA, including barrier removal at facilities, website accessibility, service animals, effective communication, assistive technology, hotel reservations and reasonable accommodations for individuals with disabilities. Comprising the rare combination of plaintiff’s lawyers, defense lawyers and a former high-ranking government official (all in the same specialized field), our team offers clients a unique skill set, substantial experience with high-impact cases and an enviable record of litigation victories.

Trade secrets derive their value from remaining confidential – making employee and executive departures one of the greatest sources of risk. We help you manage that risk through legal and contractual frameworks that control how your trade secrets are shared and used across your organization. When confidentiality is breached, we work to enforce your rights and limit exposure in high-stakes disputes.

With more than 50 trade secret lawyers worldwide, we bring deep knowledge of US and international laws to help you strengthen your competitive advantage across borders. These issues rarely stay in one lane – they surface in hiring decisions, executive departures, business transactions, data breaches, and beyond. We work across practice areas, from IP and employment to transactions and cybersecurity, to provide integrated support.

We help you protect proprietary business information and navigate restrictive covenant and employee mobility issues through strategic counseling, investigations, enforcement actions, and disputes. Our lawyers guide you through trade secret risk at critical moments – when you hire talent, transition key personnel, and negotiate business transactions.

When disputes arise, we develop enforcement and defense strategies designed to protect your business and reputation. We litigate trade secret, unfair competition, breach of contract, and fiduciary duty claims, including claims under the Uniform Trade Secrets Act (UTSA) and the Defend Trade Secrets Act (DTSA). Our lawyers represent clients in trade secret litigation before US and international courts and arbitration forums.

If allegations involve criminal conduct, disputes can escalate into government enforcement actions. We defend against such actions under US law, including matters involving the Economic Espionage Act (EEA) and Computer Fraud and Abuse Act (CFAA).

Unlike other forms of intellectual property, trade secrets must be actively managed to remain confidential. Our trade secret lawyers partner with you to protect, enforce, and defend the proprietary information that makes your business harder to compete with. By advising you on trade secret matters across jurisdictions, we help you sustain a critical competitive advantage.

[The firm] handle[s] complex and sophisticated matters with great creative thinking and responsiveness.
– Client Testimonial in Chambers USA

During, and after, your most important transactions, your company needs proactive counsel to minimize legal liability and protect your business interests. Our global employment team guides public and private companies across all industries through complex employment law and labor issues associated with M&A deals and other high-value transactions.

We leverage deep knowledge of emerging litigation trends and new employment laws – including evolving regulations and state wage-and-hour issues – to help you identify and mitigate legal risk during your buy-side and sell-side transactions.

Our full-service employment team works closely with lawyers in our market-leading corporate and transactional practice at the outset of a deal to ensure a smooth transition. With a thorough understanding of market practices and trends, our employment and executive contracts lawyers are well-positioned to:

• Conduct due diligence reviews to identify risks and develop solutions to mitigate those risks
• Negotiate executive employment and compensation agreements
• Provide counsel on sensitive personnel issues
• Coordinate with our corporate and transactional practice on definitive deal documents and purchase agreements
• Advise on post-acquisition employee integration

Our areas of focus

• Counsel on domestic and global employment issues involved in M&A deals and other transactions, divestitures, carve-outs, spin-offs, corporate reorganizations, post-acquisition integrations, and outsourcings
• Develop tools to manage the various human resources (HR) aspects of a deal cycle, including domestic and global due diligence lists, transaction agreement matrices, HR step plans, and implementation labor maps
• Partner with in-house legal and HR teams to update internal policies and protocols after a merger or acquisition, ensuring compliance with ever-evolving state and federal employment regulations
• Advise companies that are expanding into new jurisdictions on appropriate employment structures and onboarding requirements
• Conduct post-deal trainings for employees at all levels of an organization, including customizable programs for board members, C-suites and other executives, legal teams, and staff
• Defend clients in government investigations and compliance audits related to the transaction, providing effective plans to minimize the investigation’s scope, evaluate the position, and deploy a response
• Conduct extensive internal investigations and, when appropriate, guide clients on corrective action and process improvements
• Advise employers and executives in negotiating complex employment and compensation agreements and arrangements, including employment agreements, equity agreements, bonus arrangements, and commission plans
• Counsel clients on corporate reorganizations, employee transfers, reductions in force, and WARN Act compliance

McDermott Will & Schulte’s Education Law Group focuses on representing private educational institutions, including independent schools from pre-nursery through grade 12; colleges and universities; national testing organizations; education associations; and sports leagues. We have unique experience in providing legal representation in the areas of education law, employment law, ERISA, intellectual property, real estate, taxation, not-for-profit corporation law, finance, investments and charitable contributions to private educational institutions.

McDermott Will & Schulte’s Education Law Group focuses on representing private educational institutions, including independent schools from pre-nursery through grade 12; colleges and universities; national testing organizations; education associations; and sports leagues. We have unique experience in providing legal representation in the areas of education law, employment law, ERISA, intellectual property, real estate, taxation, not-for-profit corporation law, finance, investments and charitable contributions to private educational institutions.

Our clients rely on our knowledge and experience in this area with respect to a host of legal matters distinct to the academic environment, including:

Education Law

• Admissions issues and diversity initiatives
• Enrollment contracts and tuition issues
• Student discipline
• Handbooks and manuals
• Student safety and supervision
• Student medical issues, including allergies
• Accommodating student disabilities
• Crisis management
• Bullying and peer harassment
• Social media policies and disputes
• Divorce/custody issues
• Child abuse and neglect
• Mandated reporting
• Student privacy
• Records retention
• Permission slips and release forms
• Educational malpractice
• Liability for off-campus misconduct
• Compliance with state and local education laws and regulations
• Concussion management
• Student vaccine issues
• Title IX policies and compliance

Intellectual Property

• Web-user agreements
• Work-for-hire agreements
• Internet usage
• COPPA compliance
• Plagiarism
• Student art, plays and other creative endeavors

Litigation and Investigations

• Tenure denial
• Tuition non-payment
• Contract disputes
• Student discipline and expulsion
• Abuse claims
• Bankruptcy issues
• Employment disputes

Employment Law

• Workplace harassment issues
• Head-of-School employment contracts
• Employment discrimination and compliance with Title VII, ADEA, ADA and other laws
• Separation agreements and severance negotiations
• Employee hiring and firing
• Reductions in force and termination of staff
• Leaves of absence policies and FMLA compliance
• Labor-management relations, including collective bargaining negotiations
• Employee handbooks and policies
• Employment contracts and offer letters
• Wage-and-hour law compliance, including independent contractor, volunteer and overtime issues
• Employee background checks

Employment Benefits

• Fiduciary compliance and board governance
• Compliance with intermediate sanction requirements
• Compliance with IRS Form 990 reports
• Compliance with IRS Form 5500 reports
• Negotiation with IRS and DOL on 403(b) plan compliance matters
• Deferred compensation plans/457(b) and (f)
• Executive compensation
• ERISA compliance
• Retirement plans
• HIPAA compliance
• COBRA compliance
• Cafeteria plans
• Welfare plan compliance/Affordable Care Act
• Church plan issues

Charitable Contributions

• Foundation support
• Grants
• Gifts/Pledges
• Scholarships
• Fundraising and development

Real Estate

• Acquisitions and dispositions
• Construction and architect agreements
• Leasing
• Zoning issues
• Air rights
• Development bonds

Taxation

• 501(c)(3) organization issues
• Tuition assistance plans
• Intermediate sanctions
• Housing allowances
• Charitable contributions

Investments

• NYPMIFA compliance
• Endowments
• Operating expenses
• Alternative investments
• Investment policy statements

Governance

• Bylaws
• Conflict of interest policies
• Whistleblower policies
• Trustee disputes and misconduct
• Chartering of new schools and amendments
• New York State Regents, New York State Education Department, New York City Department of Health and New York State Attorney General issues