Andrew S. Rosenman

In the course of his litigation and employment law practice, Andrew represents clients in a broad variety of actions, including:

Trials. First-chaired a multi-day arbitration hearing under the FLSA and Illinois law which resulted in a complete victory for the defendant-employer on all counts where plaintiff alleged that a company-wide alternative workweek schedule was unlawful, that she was entitled to overtime pay for missed meal breaks, and that she was owed additional compensation for errors in the timing and calculations of her paychecks.

First-chaired a jury trial in a collective action under the FLSA in which the jury returned a defense verdict on plaintiffs’ claims that they were not paid properly either for donning and doffing related to meal breaks, or for donning and doffing good manufacturing practices gear before and after their work shifts.

First-chaired a jury trial resulting in a defense verdict in an age discrimination case filed by the client company’s oldest employee (age 70 at trial), in which all other employees terminated in the same reduction-in-force were over the age of 45.

Obtained a defense verdict on all counts for client-employer in a jury trial involving claims of workers’ compensation retaliatory discharge and failure to re-hire.

Obtained judgment in favor of a defendant corporation on all counts in a bench trial of a $150 million complex litigation matter in US Bankruptcy Court.

Class and Collective Actions. Defended several state and federal wage and hour collective and class actions, as well as Railway Labor Act class actions and multi-plaintiff race, age, and national origin discrimination claims. Defended employers and plan administrators in ERISA class action litigation and individual benefit cases.

Appellate Cases. Briefed and argued cases in state and federal appellate courts, including breach of contract claims in the Illinois Appellate Court, sexual harassment claims in the Michigan Court of Appeals; age, race, and national origin discrimination claims in the US Court of Appeals for the Seventh Circuit; and age and national origin discrimination, wrongful discharge, misrepresentation and breach of employment contract claims in the US Court of Appeals for the Sixth Circuit.

Individual Claims. Obtained numerous favorable summary judgment rulings and Rule 12(b)(6) dismissals in sexual harassment cases, and age, sex, race, disability, and national origin discrimination cases. Successfully prosecuted and defended claims involving non-compete and non-solicitation agreements as well as other forms of restrictive covenants.

Administrative Proceedings. Frequently represented employers in proceedings before the Equal Employment Opportunity Commission (age, sex, race, disability, and national origin discrimination, as well as sexual and racial harassment); the US Department of Labor (wages and FMLA); the Illinois Human Rights Commission (discrimination and harassment); the Illinois Department of Labor (wage claims); the Chicago Commission on Human Relations (discrimination and harassment); the Minnesota Human Rights Commission (sex discrimination); and the New York State Division on Human Rights (race discrimination).

Mediations. Represented employers and corporate clients in dozens of formal, court-ordered settlement conferences and mediation programs and in informal, voluntary mediations and case evaluation procedures mandated by state courts.

Commercial Litigation Experience. Represented corporate clients as plaintiffs and defendants in various complex commercial litigation matters.

Andrew’s practice also encompasses substantive areas of concentration, including:

Terms of Employment. Counsels clients regarding compliance issues arising under Title VII, ADA, ADEA, FLSA, FMLA, WARN, and state and local employment laws; advises clients with respect to decision-making processes in restructurings and reductions-in-force; assists clients in conducting investigations of harassment and employee misconduct; enforces restrictive covenants and defends related claims.

Policies and Practices. Drafts employment contracts and severance agreements, disciplinary notices, employee manuals and handbooks, non-compete and non-solicitation agreements, and mass layoff and plant closing notices under the WARN Act.

Pro bono. Represents and provides advice to top administrators of a privately funded, independent school in Chicago with respect to litigation and employment law matters.

After graduating from law school, Andrew served as Law Clerk to The Honorable Steven D. Pepe in US District Court for the Eastern District of Michigan.  Since 2018, Andrew has been named as one of Benchmark Litigation’s Labor and Employment Stars.  Andrew also is a member of the American Employment Law Council, an invitation-only entity that is the nation’s premier organization of high- level labor and employment attorneys practicing on behalf of employers and management.  In addition, he has an AV Peer Review Rating from Martindale-Hubbell and has been named to the list of Best Lawyers in America since 2010.  Andrew has been quoted on employment law and litigation matters by the Society for Human Resource Management, the New York Times, Chicago Daily Law Bulletin, the Detroit News, USA Today, and IA Week.

• Confidential Employer (U.S. Department of Justice, IER Section, Nov. 23, 2020). Dismissing claim of job applicant who alleged discriminatory failure to hire based on citizenship status under Immigration and Nationality Act.
• Confidential Employer (U.S. Department of Justice, IER Section Nov. 17, 2020). Dismissing claims of employee who alleged retaliation and national origin discrimination under Immigration and Nationality Act.
  
• AptarGroup, Inc. v. Chamulak, 2019 WL 2425175 (N.D. Ill. June 10, 2019). Denying, in its entirety, motion to dismiss all counts in lawsuit against former executive for alleged breach of her non-compete agreement and violations of federal and state trade secrets statutes.
• LSC Development, LLC v. Osborne, No. 18-cv-5909 (N.D. Ill. May 24, 2019). Denying motion to dismiss all nine counts of complaint against former employees and the new company they covertly formed in order to compete with plaintiff.
  
• Rychorcewicz v. Welltec, Inc., 768 Fed. App’x 252, 2019 WL 1760886 (5th Cir. Apr. 18, 2019), affirming 2018 WL 3559102 (S.D. Tex. July 24, 2018) and 2018 WL 3559131 (S.D. Tex. June 22, 2018). Affirming summary judgment in favor of defendant following extensive discovery in a certified wage and hour collective action filed under the Fair Labor Standards Act by more than 50 opt-in plaintiffs.
• O’Risky v. Mead Johnson Nutrition Co., 2017 WL 3421552 (N.D. Ill. Aug. 8, 2017). Granting motion to dismiss common law claim for retaliatory discharge.
• Cohn v. Guaranteed Rate, Inc., 318 F.R.D. 350 (N.D. Ill. 2016). Imposing sanctions against plaintiff-employee for bad faith destruction of evidence.
• Marshall v. ESPN Inc., et al., 2016 WL 4400358 (6th Cir. Aug. 17, 2016), affirming 111 F. Supp. 3d 815 (M.D. Tenn. 2015).  Affirming dismissal, with prejudice, of seven-count lawsuit by college football and basketball student-athletes who alleged statutory and common law violations of rights of publicity as well as antitrust, false endorsement, civil conspiracy and unjust enrichment claims.
• Northwestern Univ. and College Athletes Players’ Ass’n, 362 NLRB No. 167 (NLRB Aug. 17, 2015).  Amicus brief on behalf of The Big Ten Conference in support of Northwestern University’s successful opposition to unionization effort by student-athlete football players. 
• Langan v. The Big Ten Conference, Inc., et al., Case No. 13-L-9828 (Circuit Court of Cook County, Illinois, 2014). Granting motions to dismiss and for summary judgment as to all claims in six-count lawsuit by a former football official alleging defamation, breach of contract and tort claims.
• In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2012 U.S. Dist. LEXIS 24347 (N.D. Cal. Feb. 27, 2012) and 2012 U.S. Dist. LEXIS 110824 (N.D. Cal. Aug. 7, 2012), adopted by 2013 U.S. Dist. LEXIS 46104 (N.D. Cal. Mar. 28, 2013). Obtained award of more than $37,000 in discovery sanctions under Rule 45(c)(1) on behalf of non-party The Big Ten Conference in connection with a document subpoena and related discovery motion.
• Sisto v. NXP Semiconductors USA, Inc., No. 11-7030, 2013 U.S. Dist. LEXIS 31227 and 2013 WL 870604 (N.D. Ill. Mar. 7, 2013). Granting summary judgment for defendant-employer in age discrimination case filed by former employee under ADEA.
• Shah v. NXP Semiconductors USA, Inc., No. 11-1779. 2012 U.S. App. LEXIS 24973 and 2012 WL 6013771 (6th Cir. Dec. 4, 2012). Affirming summary judgment for defendant-employer on all counts in age and national origin discrimination case filed by former employee under ADEA, Title VII and Michigan law.  
• Welsh v. The Big Ten Conference, Inc., 2011 Ill. App. Unpub. LEXIS 1153 and 2011 WL 10071962 (Ill. App. May 25, 2011), leave denied, 962 N.E.2d 490 (Ill. 2011). Affirming dismissal with prejudice of plaintiff’s second amended complaint, including claims for breach of contract and misappropriation of trade secrets under the Illinois Trade Secrets Act. 
• Ingersoll v. Chicago Symphony Orchestra, Case No. 09 L 693 (Circuit Court of Cook County, Illinois, Oct. 19, 2009). Granting motion to dismiss, with prejudice, a defamation lawsuit filed by a terminated employee.
• Hudson v. Air Line Pilots Ass’n, 415 B.R. 653 (N.D. Ill. 2009).  Granting summary judgment for defendant in a $45 million certified class action lawsuit filed on behalf of 932 airline pilots under the Railway Labor Act.
• Castro v. Neighborhood Trust Federal Credit Union (American Arbitration Ass’n, New York City, Sept. 14, 2009).  Following targeted discovery, achieved voluntary dismissal by complainant of all claims, including retaliatory discharge and breach of COBRA requirements.  
• Goulson v. Yum! Brands, Inc., et al., 2008 WL 2596219 (6th Cir. July 1, 2008). Affirming summary judgment for corporation in lawsuit filed by former senior executive for alleged breach of contract and misrepresentations related to restricted stock awards.
• Welsh v. The Big Ten Conference, Inc., 2008 WL 5070321 (N.D. Ill. Nov. 21, 2008). Dismissing lawsuit alleging fraudulent procurement of trademark registration related to the Big Ten Network.
• Garavito v. Air Line Pilots Ass’n, Int’l, et al., Case No. 07-384 (D.D.C. Mar. 5, 2007). Defeating motion for preliminary injunction in ERISA litigation, which resulted in voluntary dismissal of case, where plaintiffs sought to enjoin distributions based on alleged breaches of contract and fiduciary duties under ERISA and common law.
• Filson v. The Big Ten Conference, Inc., et al., 2006 WL 3626707 (N.D. Ill. Dec. 11, 2006). Granting motion to dismiss work-related disability discrimination claim filed under Title III of ADA.
• Redmond v. Refco Group Ltd., 2004 U.S. Dist. LEXIS 25800 (N.D. Ill. Dec. 21, 2004).  Granting summary judgment for defendant in ADA lawsuit filed by former employee who alleged that defendant failed to accommodate his alleged disability and unlawfully terminated him.
• Cerutti v. BASF Corp., et al., 349 F.3d 1055 (7th Cir. 2003). Affirming summary judgment for defendant on all 24 counts in 10-plaintiff lawsuit alleging various claims of age, race and national origin discrimination.
• Trammel v. BASF Corp., 2002 WL 59114 (N.D. Ill. Jan. 14, 2002). Awarding costs to defendant after defense verdict in jury trial on claims of retaliatory discharge and failure to re-hire.
• Elly v. Fairlane Rental Properties Ltd. Partnership, et al., No. 00-6512 (Circuit Court of Wayne County, Michigan, April 27 and June 1, 2001). Granting summary judgment in favor of defendants in race discrimination and religious harassment case, and awarding mediation sanctions under applicable court rules.
• Zakaras v. United Airlines, Inc., 121 F. Supp. 2d 1196 (N.D. Ill. 2000). Granting summary judgment for defendant on claims of age discrimination, retaliation, sexual harassment and breach of contract.