James P. Looby

James P. Looby provides comprehensive strategic counsel and national representation to companies of all sizes and across all industries. Guiding his clients at every stage of the employment life cycle, he litigates high-stakes, complex employment cases and advises on workforce issues throughout the United States.

James steers clients through all phases of litigation, from avoidance and pre-suit allegations to post-judgment proceedings. His significant experience extends to individual and nationwide class and collective action claims under the Fair Labor Standards Act, Americans with Disabilities Act, Title VII of the Civil Rights Act, Family and Medical Leave Act, Age Discrimination in Employment Act, and state and local laws nationwide.

He has managed and successfully resolved wide-ranging, business-critical disputes across a spectrum of areas, including unpaid wages and expense reimbursement, independent contractor/employee misclassification, joint employment, discrimination and retaliation, and EEOC and other administrative agency matters. Committed to his clients’ success, James delivers responsive service, zealous representation, and pragmatic, creative solutions.

Beyond the courtroom, James assists clients with employment issues, from day-to-day concerns to large-scale operational processes, including pay practices and employment policies, compliance reviews, agency audits, and termination decisions. Leveraging his litigation experience, he assesses risks and helps clients develop effective, practical, and business-oriented workplace protocols, worker classification determinations, compensation-related policies and plans, and training programs. James is also a regular author and presenter regarding class and collective action issues, ongoing legal developments and trends, legal risk mitigation and avoidance issues, and challenges companies frequently encounter as part of their legal compliance efforts.

Experience

*Includes, in some cases, James's prior experience

• Successfully represented dozens of companies in connection with actual or threatened class and collective wage and hour claims under the FLSA and state law, including convincing multiple plaintiffs to abandon claims or resolve them on an individual basis for a nuisance value.
• Successfully represented company in a state Department of Labor investigation into allegations of unlawful meal and rest break practices.
• Successfully represented company against claims by former CEO for unpaid bonuses, income distributions, and company equity.
• Prevailed on a motion to compel arbitration of FLSA collective action claims against an advertising company, leading to favorable resolution on an individual basis.
• Successfully represented a telecommunications company in connection with class action claims under the ADA brought by the EEOC.
• Prevailed on a first-impression issue on a motion to permit application of the after-acquired evidence doctrine in a case against an insurance company, leading to the successful resolution of an insurance agent’s claims for unpaid commissions on the eve of trial.
• Prevailed on a motion for summary judgment regarding certain claims by former automotive company executives for additional executive severance benefits, leading to a favorable resolution.
• Prevailed on a motion to dismiss a plaintiff’s claims under the ADA and state and common law claims against a Fortune 100 company, and secured dismissal on appeal.
• Successfully represented a company in connection with a Seventh Circuit appeal of an ERISA contribution award in a case of first impression.
• Successfully represented a Fortune 500 company in achieving complete dismissal of an OSHA complaint.
• Obtained dozens of favorable resolutions for clients in various industries in single-plaintiff discrimination, harassment, and retaliation matters at all stages of litigation.