Catarido Ramirez, Individually and on behalf of others similarly situated, v. Berks' Warehouse & Trucking Corp, No. 3:12-cv-FLW-DEA
Represent a warehouse and shipping company in a lawsuit seeking an FLSA collective action and New Jersey state class action. The lawsuit alleges a failure to pay the overtime premium under the Fair Labor Standards Act and New Jersey law. On April 4, 2014, the Court entered an order on plaintiff's motion for conditional certification under the FLSA, finding that plaintiff had failed to meet his burden for conditional certification.
Representation of Client throughout Union Organizing Campaign
Successfully represented employer throughout union organizing campaign, beginning with advice on authorization card drive and request for recognition and continuing through an NLRB election in which the majority of employees voted against unionization. Negotiated election details and scope of bargaining unit with the NLRB, trained supervisors on appropriate campaign communications and conduct, and provided strategic advice to the employer throughout the campaign, including advice regarding captive audience speeches, postings, and mailings, and advice relating to the application of solicitation, distribution, access and other policies. Also provided follow-up advice and counsel, supervisory and management training.
Stephen Robert Herring and Michael Herring v. Eileen M. Campbell, As Plan Administrator of Marathon Oil Company Thrift Plan, No. 11-40953 (5th Cir. 2012).
Represented Marathon Oil Company in its appeal of the district court's decision that its plan administrator abused its discretion by defining the term "children" in an ERISA-governed plan to mean biological and legally-adopted children. A deceased plan participant's stepchildren, who had been denied the proceeds of his plan account by the plan administrator, argued that the plan administrator should have considered the state law doctrine of equitable adoption to determine that they were "children" and therefore entitled to the deceased's benefits. The Fifth Circuit issued an opinion reversing the district court's decision, finding that nothing in the plan or ERISA required the plan administrator to incorporate the doctrine of equitable adoption into the plan's definition of "children."
Reagan Lancaster v. JDA Software Group, Inc. and JDA Software, Inc., County Court at Law No. 5; Dallas County, Texas, 2012, Cause No. CC-10-06840-E
Plaintiff asserted a breach of contract claim, seeking indemnification of fees and expenses he incurred in connection with various litigation stemming from his previous employment as an officer with i2 Technologies, Inc. (i2) (JDA’s predecessor). Plaintiff’s breach of contract claim was based on an indemnification and cooperation provision in the settlement agreement he executed with i2 after his termination from employment. Plaintiff sought damages in excess of $2 million, including a $1.29 million dollar fine he paid to the SEC for alleged wrongdoing that occurred during his employment with i2. After filing a motion for summary judgment, the parties settled the case in mediation on terms favorable to JDA.
RP Holdings Inc. Restructuring
Haynes and Boone was engaged by RP Holdings Inc. in August 2011 to assist in its restructuring efforts. At that time, the company had just hired a new CEO, was facing liquidity challenges due to the nationwide stoppage of foreclosure prosecutions, and had completed internal audits showing a total of approximately $20 million was owed to it by its two largest customers. Its senior secured facility was due to mature in August 2012. In the fall of 2012, the company pursued a restructuring transaction with its private equity sponsors, the secured lenders and the two law firms, which failed to materialize on the eve of a possible closing in early January 2012.