Represented clients for over 30 years in diverse industries including construction, telecommunications, entertainment and gambling, trucking, road construction, healthcare, real estate, insurance, agriculture, and government relations. Has represented businesses and individuals both as plaintiff and defendant in federal and state courts including Nebraska Federal District Court, Southern District of New York, Northern District of Illinois, Southern District of Iowa, Nebraska, Iowa, California, Texas, New York, and Missouri. Continues a robust appeal practice having handled over 60 appeals in the Eighth and Second Federal Circuit Courts, and the Nebraska Supreme Court and Court of Appeals.
Retained as a neutral in multiple arbitrations and mediations. Also, as the Chairman of the Nebraska State Personnel Board has arbitrated grievance appeals from agency decisions under various collective bargaining agreements, state personnel rules and Nebraska State Personnel System statutes.
Litigated large complex commercial cases before judges, juries, administrative agencies, and arbitrators seeking relief ranging from declaratory judgments, to injunctions, to multimillion dollar damage claims for businesses and individuals. Litigated claims include breach of contract, misappropriation of trade secrets and confidential information, breach of fiduciary duty, non-compete covenants, fraud in the inducement, tortious interference, business dissolution, member dissociation, derivative actions, deceptive trade practices, unfair competition, anti-trust, tort liability, will contests, trust disputes, and government regulation.
Litigated disputes between general contractors, subcontractors, and owners, involving commercial, residential, and civic construction projects. Construction litigation cases have been a cross section of industry disputes and have included critical path analysis, general conditions, standard specifications, Federal Acquisition Regulations (FAR), Manual on Uniform Traffic Control Devices (MUTCD), Occupational Safety and Health Administration (OSHA), substantial completion, construction defects, payment disputes, delay damages, liquidated damages, value engineering, scope of work, scope of changes, change orders, bidding documents and warranties. Disputes have encompassed large-scale ground up projects such as office buildings, parking garages, or interstate highway construction, medium-scale projects involving sewer separation, road expansion, and recreational facilities and small-scale projects such as renovations and residential construction. Often, construction defects or workplace hazards lead to tort litigation implicating owner or general contractor liability and litigation about the scope of control over independent contractors' work, workplace safety, duty, proximate cause, and efficient intervening cause.
Has represented employers and employees on discrimination claims, including age, disability, gender, ethnicity, national origin, race, religion, and sexual orientation discrimination. Works with clients to resolve a variety of employment issues involving the Americans with Disabilities Act (ADA), ADA Amendments Act (ADAAA), Age Discrimination in Employment Act (ADEA), Title VII and Family and Medical Leave Act (FMLA), harassment, wrongful termination, and retaliation. Significant experience drafting Executive Employment Contracts and litigating cases involving breach of confidentiality, non-solicitation, non-competition, misappropriation of trade secrets and confidential information, employee versus independent contractor, at-will employment, constructive discharge and promissory estoppel. Regularly litigates pro se cases. As the Chairperson of the Nebraska State Personnel Board, drafts the Board’s decisions on employee grievances appealing administrative actions under various collective bargaining agreements or state personnel rules.