Robert W. Vyverberg is the national practice group leader for the firm's Labor, Employment and Benefits Practice Group. Mr. Vyverberg focuses his practice on labor and employment law. He also defends product liability actions and represents parties in federal and state appellate proceedings.
In his employment practice, Mr. Vyverberg defends private and public employers in all types of individual and class action litigation, including discrimination, harassment, retaliation, wrongful termination, breach of contract, whistleblower, trade secret, intentional tort, and defamation actions. He represents employers in administrative proceedings before federal, state and local agencies, mediations and arbitrations, and lawsuits brought under a variety of statutes, including Title VII, Section 1981, the ADEA, the ADA, ERISA, the FLSA, the FMLA, the USERRA, OSHA, and the civil rights and employment statutes of states and local municipalities across the country. Mr. Vyverberg also counsels and trains employers on all types of non-litigation matters, including the development and implementation of alternative dispute resolution programs, drafting equal employment opportunity and other personnel policies, the investigation of employee complaints, policy and procedure audits, terminations and reductions in force, wage and hour issues, and employer responses to government inquiries. He is a frequent author and lecturer on workplace and employment law issues.
Mr. Vyverberg also has extensive experience defending product liability cases involving a wide range of products, including tires, single and multi-piece vehicle rims, motor vehicles, and construction equipment. He also has litigated numerous premises liability, consumer fraud, and contract and other commercial disputes.
Throughout his career, Mr. Vyverberg’s national practice has included the representation of clients in manufacturing, utility, retail, financial services, distribution/logistics, hospitality, high tech, transportation, and health care industries, in connection with matters in more than 40 states and the District of Columbia. He has represented a major tire manufacturer as one of its national counsel for many years, defending and resolving lawsuits and claims and supervising and coordinating other counsel. Mr. Vyverberg has mediated more than 65 cases.
REPRESENTATIVE ENGAGEMENTS
- Successfully defended national distributor in a class action brought by the EEOC in the U.S. District Court for the Northern District of Illinois, alleging race discrimination and harassment and retaliation.
- Obtained summary judgment on behalf of Fortune 50 global medical supply company in a race and national origin discrimination action pending in the U.S. District Court for the Western District of Missouri.
- Represented national retail and manufacturing employers to develop and implement a comprehensive alternative dispute resolution program applicable to non-union employees, nationwide. Defended the enforceability of the program in numerous state and federal lawsuits, at the trial court and appellate levels, through motions to dismiss or stay in favor of mediation and binding arbitration.
- Represented national chemical manufacturer in connection with investigations by OSHA and the U.S. Chemical Safety Board, following a plant explosion that resulted in multiple fatalities. Also defended the manufacturer in subsequent complex litigation resulting from that accident, which involved numerous plaintiffs, defendants and third-party defendants.
- Represented national manufacturer in connection with a nationwide product recall, National Highway Traffic Safety Administration and Congressional investigations, related proceedings brought by various Attorneys General, and coordinated MDL proceedings.
- Successfully defended national manufacturer in class action litigation in Iowa state court, premised on allegations of race discrimination and harassment and retaliation.
- Represented national manufacturer in connection with preparation of employment agreements and restrictive covenants, including non-compete, non-solicitation and non-disclosure agreements applicable to employees working in multiple states.
- Obtained summary judgment for national manufacturer in an ERISA action pending in the U.S. District Court for the Western District of Oklahoma, in which plaintiff alleged the improper denial of mental health disability benefits.
- Represented national and local employers in connection with large-scale reductions in force, plant closings, and transfer of manufacturing operations, including the issuance of WARN notices, preparation of severance packages, implementation of retention bonus programs, and development of record retention policies and procedures.
- Obtained multiple summary judgments for Fortune 500 utility company in gender, race, and disability discrimination actions pending in the U.S. District Court for the Central District of Illinois.
- Represented global financial services client in connection with SEC investigation and related matters involving alleged employee theft and breach of fiduciary duties.
- Obtained summary judgment for national manufacturer in a product liability action pending in the U.S. District Court for the Southern District of Indiana.