Adam KohSweeney

Adam P. KohSweeney works on matters involving an array of labor and employment-related issues under federal and state law, including litigation and arbitration under the Fair Labor Standards Act, state wage-and-hour laws, the Fair Credit Reporting Act, the Railway Labor Act, and the National Labor Relations Act, as well as contract and tort claims.

He represents and counsels a wide variety of employers, particularly companies in the financial services, hospitality, airline, and construction industries.

Adam also regularly advises employers regarding how to preserve, collect, review, and produce electronically stored information (“ESI”). He is the co-author of an annually updated practice guide which discusses all aspects of the doctrine of spoliation in the context of electronically stored information.

Adam is also active in pro bono matters and often advises small and not-for-profit employers regarding compensation and employment policies and practices. He also frequently represents the Mexican American Legal Defense and Educational Fund (“MALDEF”) in matters involving immigration and voting rights.

Experience:

• Represented a major air carrier in a class action matter alleging meal period and rest break violations as well as other allegations. Successfully moved to dismiss the meal and rest claims with prejudice based on Airline Deregulation Act preemption.
• Represented a professional staffing company in several different matters, including putative wage-and-hour class actions. Successfully demurred in one case, compelled arbitration on an individual basis in two others, and convinced the plaintiff to drop the class allegations in another.
• Represented a technology company in a series of misclassification cases and arbitrations across the country. Successfully moved to compel arbitration and enforce a class action waiver in two separate matters.
• Represented a major hotel in several putative class actions involving allegations of missed meal periods and rest breaks. Motion practice resulted in the plaintiff dropping the class action allegations in one matter. Settled another matter on favorable terms by leveraging electronic data concerning property access and clock-in/clock-out times.
• Represented a financial services company in a nationwide FLSA collective action relating to alleged training time. Prevailed on summary judgment.
• Worked successfully with an industry organization to obtain a clarifying opinion letter from the US Department of Labor, Wage and Hour Division, regarding the exempt status of certain employees.
• Successfully represented a major domestic air carrier in an interest arbitration involving rest facilities for flight attendants on a new international route.
• Represented a regional newspaper publisher and successfully defeated a request for an injunction brought by the National Labor Relations Board under Section 10(j) of the National Labor Relations Act. The Board had requested an injunction to reinstate eight employees who were terminated, allegedly for union organizing activity

Admissions:

• California
• New York
• US District Court for the Central and Northern Districts of California
• US Court of Appeals for the Fifth and Ninth Circuits

Education:

• Rutgers University,  J.D., 1999:  Editor-in-Chief, Rutgers Law Review
• Rutgers University,  B.A., English, 1995:  with honors; Athenaeum Honors Society

Clerkships:

• Honorable Howard H. Kestin, New Jersey Superior Court, Appellate Division