Steven J. Pearlman

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Partner

Chicago +1.312.962.3545

Steven J. Pearlman is a partner in the Labor & Employment Law Department, where he is Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group and Co-Head of the Whistleblowing & Retaliation Group.

Employment, Whistleblower, Restrictive Covenant and Trade Secret Practice. Steven’s national practice focuses on defending companies in federal and state courts and arbitration against claims of: discrimination, retaliation and harassment, including claims brought by high-level executives; whistleblower retaliation; restrictive covenant violations; theft of trade secrets; and wage-and-hour violations (including class, collective and PAGA actions).

Illustrating his versatility, Steven has successfully handled bench and jury trials in multiple jurisdictions (e.g., Illinois, California, Florida and Texas); defended one of the largest Illinois-only class actions in the history of the federal courts in Chicago; and prevailed following his oral arguments before the Seventh Circuit and state appellate courts. Steven brings his litigation experience to bear in counseling clients to minimize risk and avoid or prepare for success in litigation.

Investigations. Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has testified in federal court. His investigations have involved complaints of sexual harassment involving C-suite officers; systemic violations of employment laws and company policies; and fraud, compliance failures and unethical conduct.

Thought Leadership and Accolades. Steven was named Lawyer of the Year for Chicago Labor & Employment Litigation in the 2023 edition of The Best Lawyers in America. He was also named as One of the Top 10 Impactful Labor & Employment Lawyers in Illinois for 2023 by Business Today. He is a Fellow of the College of Labor and Employment Lawyers. Chambers describes Steven as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an "expert in his field." Chambers also reports that "He is someone who can navigate the twists and turns of litigation without difficulty. Steven is great with brief-writing, crafting arguments, and making sure the client is always happy.”

Steven was 1 of 12 individuals selected by Compliance Week as a "Top Mind." Earlier in his career, he was 1 of 5 U.S. lawyers selected by Law360 as a "Rising Star Under 40" in the area of employment law and 1 of "40 Illinois Attorneys Under Forty to Watch" selected by Law Bulletin Publishing Company. Steven is a Burton Award Winner (U.S. Library of Congress) for "Distinguished Legal Writing."

Steven was appointed to Law360’s Employment Editorial Advisory Board and selected as a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is often quoted in leading publications such as The Wall Street Journal.

The U.S. Chamber of Commerce has engaged Steven to serve as lead counsel on amicus briefs to the U.S. Supreme Court and federal circuit courts of appeal. He was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters. He has presented with the Solicitor of the DOL, the Acting Chair of the EEOC, an EEOC Commissioner, Legal Counsel to the EEOC, and heads of the SEC, CFTC and OSHA whistleblower programs. He is also a member of the Sedona Conference, focusing on trade secret matters.

In 2024, Steven received the Excellence in Pro Bono Service Award from the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association.

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Matters

Representative Matters

In the restrictive covenant and trade secret arena: secured one of the few ex parteseizure orders that have been issued under the Defend Trade Secrets Act; obtained an order reducing a non-competition agreement to one-third of its original duration; obtained a world-wide injunction in federal litigation against a high-level executive who jumped ship to a competitor; and obtained injunctions against other executives.
In the whistleblower retaliation arena: defended claims before state and federal courts and at all levels of the U.S. Department of Labor (OSHA, OALJ and the ARB).
Cage v. Harper, et al. (7th Cir.) (affirming dismissal of due process and First Amendment whistleblower retaliation claims)
Schwendeman, et al. v. Cross Country Staffing, Inc., et al. (Cal. Ct. App., 1st Dist.) (affirming order extending coverage of arbitration agreement to non-signatory on equitable estoppel grounds)
Schwartz, et al. v. UBS Financial Services (N.D. Ill.) (defense of putative nationwide Fair Credit Reporting Act class action)
Rodriguez, et al. v. Sprint Corporation, et al. (N.D. Ill.) (defense of putative nationwide Fair Credit Reporting Act class action)
Creighton, et al. v. Metropolitan Life Insurance Co. (S.D.N.Y.) (defense of putative nationwide race-based disparate impact discrimination class action brought by financial advisors)
Calibuso, et al. v. Bank of America, et al., 299 F.R.D. 359 (S.D.N.Y.) (defense of putative nationwide gender discrimination class action brought by financial advisors)
Arrez, et al. v. Kelly Services, Inc. (N.D. Ill.) (defense of putative state-wide class action involving first-impression issues under Illinois Day and Temporary Labor Services Act and Illinois Wage Payment and Collection Act; putative class size > 95,000)
Boyd, et al. v. Alutiiq Global Solutions, LLC (N.D. Ill.) (defeated motion for nationwide collective action certification)
Williamson, et al. v. United Air Lines, Inc. (S.D. Ind.) (defense of putative class action alleging WARN Act violations; putative class size > 900)
Filipowski v. SilkRoad Technology, Inc. (Cook County, IL) (defense of former CEO’s claims for breach of employment contract)
Cox, et al. v. Flair Corp. of Ocala [subsidiary of SPX Corp.] (defense verdict in multi-plaintiff jury trial involving race discrimination claims; affirmed by 11th Circuit)
Cobbs, et al. v. Mid City [subsidiary of Beauty Alliance] (N.D. Ill.) (defense verdict on first plaintiff's sexual harassment and retaliation claims and mistrial on second plaintiff's claim)
Fleishman v. Continental Casualty Co. (N.D. Ill.) (7th Cir.) (summary judgment on internal counsel’s age and disability discrimination claims; affirmed on appeal)
Reed, et al. v. Freedom Mortgage Corp., 869 F.3d 543 (N.D. Ill.) (7th Cir.) (affirming order granting summary judgment on employment discrimination claims)
McShane v. Chemtrade Solutions LLC (Somerset Cty., NJ) (defense of antitrust whistleblower claims under NJ CEPA); McShane v. Reichl, et al., (Cook County, IL) (defense of qui tam claims under Chicago False Claims Act); McShane v. Reichl, et al. (defense of qui tam claims under Illinois False Claims Act)
Rimini v. J.P Morgan Securities (D. Mass.) (1st Cir.) (dismissal of SOX whistleblower claim)
Mart v. Berkshire Hathaway Inc., et al. (N.D. Ind.) (dismissal of SOX whistleblower claim against corporate defendants and top executive)
Schlicksup v. Caterpillar, Inc., et al. (C.D. Ill.) (defense of SOX whistleblower claims against company and top executives)
Simkus v. United Airlines (N.D. Ill.) (dismissal of SOX whistleblower claim)
DuBose v. PepsiCo, Inc., et al. (Cook Cty, IL) (dismissal of retaliatory discharge complaint)

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Proskauer Whistleblower Defense Blog

Highlights and updates in whistleblower defense claims

Edited by Lloyd B. Chinn and Steven J. Pearlman