Andrew Rosenman

Andrew S. Rosenman is an experienced litigator whose practice particularly emphasizes labor and employment litigation and counseling on behalf of employers. In the course of his litigation and employment law practice, Andrew represents clients in a broad variety of actions, including:

First-chaired a multi-day arbitration hearing under the FLSA and Illinois law which resulted in a complete victory for the defendant-employer on all counts where plaintiff alleged that a company-wide alternative workweek schedule was unlawful, that she was entitled to overtime pay for missed meal breaks, and that she was owed additional compensation for errors in the timing and calculations of her paychecks.

First-chaired a jury trial in a collective action under the FLSA in which the jury returned a defense verdict on plaintiffs’ claims that they were not paid properly either for donning and doffing related to meal breaks, or for donning and doffing good manufacturing practices gear before and after their work shifts.

First-chaired a jury trial resulting in a defense verdict in an age discrimination case filed by the client company’s oldest employee (age 70 at trial), in which all other employees terminated in the same reduction-in-force were over the age of 45.

Obtained a defense verdict on all counts for client-employer in a jury trial involving claims of workers’ compensation retaliatory discharge and failure to re-hire. Obtained judgment in favor of a defendant corporation on all counts in a bench trial of a $150 million complex litigation matter in US Bankruptcy Court.

Class and Collective Actions. Defended several state and federal wage and hour collective and class actions, as well as Railway Labor Act class actions and multi-plaintiff race, age, and national origin discrimination claims. Defended employers and plan administrators in ERISA class action litigation and individual benefit cases.

Administrative Proceedings. Frequently represented employers in proceedings before the Equal Employment Opportunity Commission (age, sex, race, disability, and national origin discrimination, as well as sexual and racial harassment); the US Department of Labor (wages and FMLA); the Illinois Human Rights Commission (discrimination and harassment); the Illinois Department of Labor (wage claims); the Chicago Commission on Human Relations (discrimination and harassment); the Minnesota Human Rights Commission (sex discrimination); and the New York State Division on Human Rights (race discrimination).

Mediations. Represented employers and corporate clients in dozens of formal, court-ordered settlement conferences and mediation programs and in informal, voluntary mediations and case evaluation procedures mandated by state courts.

Commercial Litigation Experience. Represented corporate clients as plaintiffs and defendants in various complex commercial litigation matters. Andrew’s practice also encompasses substantive areas of concentration, including:

Pro bono. Represents and provides advice to top administrators of a privately funded, independent school in Chicago with respect to litigation and employment law matters.

Education :

• University of Michigan, BA
• Chicago-Kent College of Law, Illinois Institute of Technology, JD, with high honors

Admissions :

• Illinois
• Michigan
• California
• US District Court for the Southern District of California
• US District Court for the Northern District of California
• US District Court for the Eastern District of Michigan
• US District Court for the Western District of Michigan

Activities :

• Board of Trustees, Providence-St. Mel School
• TriBike Transport Triathlon Team (and 50-time finisher of Ironman® distance triathlons)
• American Bar Association, Section on Labor and Employment Relations
• State Bar of California, Section on Labor and Employment Law

Experience :

• O’Risky v. Mead Johnson Nutrition Co., 2017 WL 3421552 (N.D. Ill. Aug. 8, 2017). Granting motion to dismiss common law claim for retaliatory discharge.
• Cohn v. Guaranteed Rate, Inc., 318 F.R.D. 350 (N.D. Ill. 2016). Imposing sanctions against plaintiff-employee for bad faith destruction of evidence.
• Northwestern Univ. and College Athletes Players’ Ass’n, 362 NLRB No. 167 (NLRB Aug. 17, 2015).  Amicus brief on behalf of The Big Ten Conference in support of Northwestern University’s successful opposition to unionization effort by student-athlete football players.
• Shah v. NXP Semiconductors USA, Inc., No. 11-1779. 2012 U.S. App. LEXIS 24973 and 2012 WL 6013771 (6th Cir. Dec. 4, 2012). Affirming summary judgment for defendant-employer on all counts in age and national origin discrimination case filed by former employee under ADEA, Title VII and Michigan law.
• Ingersoll v. Chicago Symphony Orchestra, Case No. 09 L 693 (Circuit Court of Cook County, Illinois, Oct. 19, 2009). Granting motion to dismiss, with prejudice, a defamation lawsuit filed by a terminated employee.
• Welsh v. The Big Ten Conference, Inc., 2008 WL 5070321 (N.D. Ill. Nov. 21, 2008). Dismissing lawsuit alleging fraudulent procurement of trademark registration related to the Big Ten Network.
• Cerutti v. BASF Corp., et al., 349 F.3d 1055 (7th Cir. 2003). Affirming summary judgment for defendant on all 24 counts in 10-plaintiff lawsuit alleging various claims of age, race and national origin discrimination.
• Zakaras v. United Airlines, Inc., 121 F. Supp. 2d 1196 (N.D. Ill. 2000). Granting summary judgment for defendant on claims of age discrimination, retaliation, sexual harassment and breach of contract.