Now employers have to be prepared to respond to a multitude of employment litigation issues. Today's employers must be cognizant not only of traditional discrimination laws, but they also must deal with the Americans With Disabilities Act (ADA), the Worker and Retraining Notification Act (WARN), and the Family and Medical Leave Act (FMLA), as well as the implications of the Employee Retirement Income Security Act (ERISA) and the Coordinated Omnibus Benefits and Reconciliation Act (COBRA), or face the litigation consequences. Even in at-will jurisdictions, employment decisions must stand the test of employment contract claims, as well as numerous employment-related tort claims, ranging from claims of libel and slander, intentional infliction of emotional distress and invasion of privacy, to newer theories based upon concepts of negligent hiring, retention and supervision.

Supplementing these common law claims are new statutory rights to protect employees who, for example, engage in otherwise "lawful recreational activities" off duty or "blow the whistle" on their employers for actual or perceived misconduct. Even in those instances in which an employer does not have to defend an employment decision, it can find itself in today's highly competitive and technical marketplace requiring judicial intervention to protect trade secrets and proprietary information or enforce covenants not to compete.

When faced with any one or more of these many potential employment claims, employers need to know that they can find in a single firm expert legal assistance that can respond effectively, efficiently and timely to all of their needs. BS&K's Employment Law Litigation Practice Group (ELLPG) is comprised of over 40 attorneys and legal assistants from across the firm's traditional practice areas to create a single source of expertise capable of responding to any employment-related litigation issue. While most members of this group come from the firm's Labor and Employment Law Department, they are complemented by trial attorneys with employment litigation experience as well as employee benefits attorneys. The size and breadth of experience of the ELLPG means that BS&K can assemble the necessary resources to respond to any client need, within any needed timeframe, whether it is filing an Answer to a complaint in federal court within the required 20 days or seeking or responding to a temporary restraining order on 24 hours' notice.

We understand that in today's economic climate it is not enough that we are responsive and knowledgeable in our field - we must also provide services in a cost effective manner. Although our practice area is national in scope, our varied locations afford us the luxury of offering our clients rates that are considerably more favorable then what they are accustomed to finding in the larger metropolitan law firms that can match our experience. Relatedly, given our own strong traditional labor law roots, we are especially well-versed in mediation and arbitration as meaningful and cost-effective alternative dispute resolution mechanisms.