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Mike Karpeles is a principal in the firm's Litigation Group with extensive experience in complex commercial litigation in his 22-year legal career. In the last several years, Mr. Karpeles has concentrated his practice in employment law, and he heads the firm's Labor & Employment Group. He regularly defends employers in state and federal courts and administrative agencies around the country in class actions and individual cases involving allegations of discrimination, sexual harassment, wrongful discharge and violations of wage and hour laws. He also handles cases under the ADA, ERISA, FMLA and whistleblower statutes. He has litigated numerous matters involving covenants-not-to-compete, employee raiding, trade secrets and employment contracts. Mr. Karpeles also provides advice and counsel to clients on how to minimize potential litigation under the state and federal employment laws. He negotiates and creates executive compensation and severance agreements, and advises companies concerning their employment policies. In both litigation and counseling, he has represented clients in a number of industries, including utility services, metals, manufacturing, retail, banking and financial services, toys and sporting goods, debt collection, consumer products, computer, health care, clinical research, education, and not-for-profit organizations. Mr. Karpeles is a frequent author. Recent articles include: "Boardroom Lessons From The Disney/Ovitz Case," The Corporate Board (November/December, 2005); Class Action Warfare," The Wall Street Journal's "Manager's Journal" column (July 6, 2004); "Mandatory Arbitration in the Workplace," HR.com (August 2002); "ADA Related Ruling," HR.com (July 2002); "How to Protect Your Company's Interests: Proper Use of Non-Compete Clauses," HR.com (June 2002); "Supreme Court Case On Family and Medical Leave Act (FMLA) Regulation," HR.com (May 2002); "Non-Compete Clauses May Cause Legal Problems for Laid Off Dot.Comers and their New Employers," HR.com (April 2002); "Proactive Strategies to Prevent Employment Class Action Suits," Employment Review (August 2000); "Employers Beware: Retaliation Lawsuits on the Rise," Employment Review (February, 2000); "Employment Contracts More Common," Employment Review (December, 1998); "Set Guidelines for Workplace Romance," Human Resource Professional (January/February 1998); "Employment Issues: Workplace Romance," Human Resource Management News (June 1997); "Advice to 50-Somethings," The Journal of Commerce (May 1997); and "Youth Gangs Emerging as Workplace Plague," The Bridgenews Forum (October 1997).
Mr. Karpeles has been widely quoted in recent years in Barron's, Kiplinger's, U.S. News & World Report, The New York Times, The Wall Street Journal, USA Today, Chicago Tribune and Chicago Sun-Times, and on various national and local radio and television news programs on employment law issues ranging from class action retiree benefits litigation to resume fraud. He is the President of the Salvation Army Correctional Services Program Advisory Council, having served as a member of the Advisory Council for over 15 years, and he is a member of the Salvation Army Great Chicago Advisory Board. In addition, Mr. Karpeles was selected by his peers for inclusion in Best Lawyers in America in the specialty of labor & employment law and he was also selected by his peers for inclusion in Illinois Super Lawyers in the area of employment law. Mr. Karpeles has been admitted pro hac vice in many state and federal courts throughout the country.
Representative Matters
Litigated novel intellectual property and employment law claims on behalf of a large private employer against a former employee who organized internet chat rooms and created websites disparaging the company and its officers and interfering with the company's business relationships with clients and employees. The case resulted in an order being entered which required the employee to transfer domain names to the company, to shut down any websites and internet chat rooms relating to the company, to refrain from disparaging the company or its employees, and to refrain from disclosing confidential and other information about the company. Represented a public financial services company in a major race discrimination case. Mr. Karpeles was granted a summary judgment, and the dismissal was affirmed by the Seventh Circuit Court of Appeals. Defended a national law firm against sensitive federal court claims of sexual harassment and retaliation. After discovery, obtained summary judgment on all claims. Represented a large financial services and insurance brokerage firm in enforcing non-compete and non-solicitation agreements against a former senior corporate officer and two former key employees. After conducting an intensive investigation, delivering an eight-count complaint to the former employees and their new employer, and holding a series of high-level negotiations with the threat of litigation on the table, Mr. Karpeles was able to negotiate a multi-million dollar settlement for the client without having to incur the costs of litigation. Defended public company in uniform industry against national FLSA collective actions and state law wage class actions. Developed substantial legal and factual defenses resulting in no class certification and minimal individual settlements. Defended a financial services firm against class-wide allegations of wage and hour violations in California. Mr. Karpeles supervised an extensive factual investigation and legal research on class issues and the merits that were used to obtain a very favorable settlement through mediation. Represented a national bank as lead counsel in a trial involving retaliation claims by a former employee. After trial, Mr. Karpeles successfully moved to have the case dismissed based on an issue of first impression in Illinois. Defended a national air freight company in a sexual harassment suit alleging repeated sexual misconduct by a co-worker of the plaintiff and claiming several hundred thousand dollars in damages. After taking the plaintiff's deposition and establishing multiple discrepancies in her testimony, Mr. Karpeles settled the suit for nuisance value.
Drafted Employment Agreement for CEO of a public company incorporating final regulations under IRC 409A.
Oversaw the legal aspects and documentation of a mass layoff for a public banking organization with facilities in multiple states. No claims relating to the layoff were filed against the bank.
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