Kevin Simon

When my clients face employment litigation or counseling needs, my many years of experience as an employment attorney, and the perspective I gained as a prosecutor, allow me to make early assessments of potential exposure, formulate practical solutions and secure favorable outcomes in court and the workplace. I provide advice and strategic guidance to clients on a wide array of human resources topics and issues—always with an emphasis on instituting best practices and efficiently managing litigation risks. Substantive areas of expertise include: policy development and review; workplace audits, arbitration agreements, data privacy issues, leave and absence management (including Covid-related topics), EEO compliance, reductions in force, compensation policies, performance management, as well as hiring, promotion and discharge decisions. Having served for several years as a prosecutor, I offer employers particular insight when assisting with workplace investigations, including those involving “Me Too” allegations as well as possible criminal conduct such as theft, stalking, harassment, battery and sexual assault. In the event of litigation, my focus shifts to aggressively defending my clients. I have defended employers in more than a thousand employment discrimination, harassment, retaliation and wrongful termination claims in state and federal courts, administrative tribunals, mediations and arbitrations. Significant experience and particular successes include: *Defeating numerous individual and multi-plaintiff actions, filed by the Equal Employment Opportunity Commission and private parties involving allegations of systemic, class or pattern and practice discrimination; *Successfully defending several individual and class action claims under the Illinois Biometric Information Privacy Act (“BIPA”), the Fair Credit Reporting Act (“FCRA”) and the Employee Retirement Income Security Act (“ERISA”); *Serving as lead trial and appellate counsel for companies, not-for-profit organizations, law firms, sports teams, private clubs and their executives in high-stakes litigation often involving accusations of harassment, discriminatory services and criminal conduct; and *Prosecuting and defending litigation involving restrictive covenants, unfair competition, misappropriation of trade secrets, breach of fiduciary duty, fraud and breach of contract disputes.