Tobias Edward Schlueter

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.

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:

• 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-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.

In 2005, Mr. Schlueter was mentioned in the article, “Big Suits, United Airlines et al.” from the March 2005 issue of American Lawyer for his role in representing the Official Committee of the Unsecured Creditors in UAL Corp.’s bankruptcy.

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.