Jacob A. Bruner

Experience

Litigation and Administrative Claims

Trade Secrets and Bet-the-Company Litigation

• Won approximately $1.1 million verdict on behalf of local tech company against former business partner for breaching terms of license agreement concerning proprietary R&D tax credit software. Managed all aspects of litigation over a nearly three-year period from discovery through trial, including drafting and responding to more than eight rounds of discovery; examining and defending 11 witnesses (including expert witnesses) in depositions; drafting and prevailing, in part, on two dispositive motions concerning defendant’s tort-based counterclaims; and successfully arguing case during seven-day jury trial involving seven total claims. Titan Manufacturing Solutions, Inc. v. National Cost Inc. d/b/a National Tax Group (D. Colo. 2019).

Restrictive Covenants

• Enjoined five departed sales employees from competing with employer-mortgage company, soliciting its employees and disclosing trade secrets in connection with venture to create a competitive financial services business, including after the filing of an ex parte motion for temporary restraining order, a motion for preliminary injunction and a preliminary injunction hearing. Responsible for drafting expedited motions and arguing at a full preliminary injunction hearing with less than 24 hours' notice, which saved the employer $100,000 in potential lost revenue.

Discrimination and Retaliation

• Orchestrated the stipulated dismissal of negligent hiring and intentional infliction of emotional distress claims filed by departed Colorado employee against major seafood restaurant chain and one of its supervisors based on alleged sexual harassment, following the submission of compelling Rule 12 motions to dismiss. Drafted motions to dismiss on behalf of restaurant and supervisor and participated in settlement correspondence resulting in stipulated dismissal of all claims.
• Led successful administrative defense on behalf of sports and entertainment vendor accused of engaging in unlawful discrimination and retaliation based on age, national origin and ethnicity. Authored statements of position submitted to local EEOC branches, conducted interviews with more than a half-dozen witnesses and managed all of the client-facing responsibilities, eventually obtaining dismissal of the charges.
• Mediated and resolved administrative charge filed by former employee against hospitality company alleging discrimination based on sexual orientation and gender. Resolution included in investigation into the underlying events, interviews with key witnesses and participation at a one-day mediation session that resulted in a favorable outcome for the client.

Wrongful Termination

• Generated a favorable settlement and stipulated dismissal with prejudice of plaintiff-employee’s high-value claim against nationwide auto parts retailer for wrongful termination of employment in violation of public policy under Montana law. Drafted answer and affirmative defense, discovery requests and responses and settlement documentation.

Unions, Grievances, and Collective Bargaining

• Defended city police department in grievance brought by local police officer alleging wrongful termination where police officer removed price tag from outdoor retail store in order to obtain a crossbow at a discounted price. Compiled grievance trail, reviewed camera footage, prepared witnesses for two-day hearing and crafted post-hearing brief, resulting in an award in favor of the employer that allowed it to preserve the integrity of its standing in the community.
• Secured dismissal on behalf of national grocery retailer of NLRB charge filed by labor union to accrete more than10 coffee bar employees into the bargaining unit based on evidence that Montana store was predominantly unionized. Prepared statement of position, conducted research regarding applicable precedent, analyzed the plain language of collective bargaining agreement and liaised with client concerning evidence of accretion following other in-store renovations.
• Spearheaded defense of an unfair labor practice charge and request for injunction filed by labor union against Idaho-based food and beverage client where union alleged that employee was wrongfully discharged for participating in concerted activities, but evidence actually showed that employee had engaged in policy violation, justifying the termination of employment and resulting in a withdrawal of the charge. Authored statement of position and supporting affidavits, oversaw several investigatory interviews and led strategy sessions with client and witnesses.

Defamation

• Defended local restaurant group from defamation claims brought by famous YouTube personality in a case that received significant media attention for its First Amendment implications. Developed case strategy, compiled numerous pleadings and motions on behalf of client and participated in court hearings and mediations that ultimately resulted in a positive settlement outcome for the client. (W. 6th Restaurant Group d/b/a The Barley House of Cleveland, et al. v. Richard Bengtson, et. al. (N.D. Ohio 2017)).
• Successfully triggered removal, back to Montana state court, of federal action filed by plaintiff attorney against his former landlord alleging defamation pro se arising from certain statements made by defendants during an eviction action. Responsible for drafting the motion for removal and conducting associated research in support of same.

Appellate Practice

• Achieved multiple district court and appellate court judgments in favor of the State of Ohio and Ohio Tax Commissioner concerning the implementation and enforceability of a regulatory tax law worth more than $1 billion that was challenged by 163 municipalities on the basis of Home-Rule Jurisdiction. Compiled the key appellate brief that resulted in a ruling from the 10th Appellate District Court, upholding the State’s authority to levy business taxes against the municipalities, which later served as the basis of the Ohio Supreme Court’s majority opinion. (City of Athens, et. al v. Testa (Ohio 2019)).
• Obtained dismissal with prejudice of race discrimination disparate treatment claims filed by litigious pro se plaintiff against major transportation company, overcoming the federal court’s extremely deferential procedural standards for unrepresented litigants. On appeal to the Tenth Circuit, the court upheld the district court’s determinations in favor of the employer despite plaintiff’s pro se status. Responsible for overseeing contentious discovery, preparing motion to dismiss for failure to prosecute, responding to plaintiff’s countless requests for continuances and the appointment of counsel, and drafting the persuasive 50-page appellate brief that was adopted by the full panel. (The Sygma Network, Inc. v. Oloyea Wallin (10th Cir. 2020)).
• Outlined appellate brief on behalf of Department of Defense subcontractor accused of violating federal whistleblower laws through the termination of multiple security advisors via a reduction-in-force at the Bagram Airfield in Afghanistan.
• Conducted detailed research concerning the DOD whistleblower statute and applicable policy guidelines, analyzed relevant precedent and prepared a skeleton brief that would later serve as the base of the primary appellate brief filed in the Tenth Circuit Court of Appeals.
• Forged, in a first-of-its-kind dispute, a cannabis licensing appeal to the Ohio regulatory body responsible for administering and issuing cannabis cultivator licenses to entities vying for one of a limited number of grower licenses following Ohio’s passage of H.B. 523 approving the use of medical marijuana. Reviewed the applications of the winning licensees, reviewed Ohio’s regulatory review process and prepared written arguments in favor of the client to assist with overturning the licensure denial.

Class Action

• Assisted as part of cross-office team representing husband and wife in class action litigation against notable Northeast Ohio medical facility in negligence matter arising from technical malfunction in hospital HVAC system resulting in the loss of frozen embryos of patients undergoing chemotherapy and radiation treatment. Participated in telephone calls with counsel for more than 20 other class action litigants, drafted relevant filings and managed client relationship through early discovery.
• Successfully appealed notice of removal of employment and three-part administrative charge prompted by alleged improper use of business communication devices to the Department of Veteran Affairs, resulting in the reinstatement of a 100% disabled war veteran. Responsible for drafting appellate letter, researching VA directives and other administrative precedent and conducting strategy sessions with client.

Compliance Work, including Audits, Counseling, and Investigations

Wage and Hour Defense

• Oversaw extensive wage and hour audit of Chicago hotel facility plagued by frequent compliance issues related to minimum wage, overtime pay, tipping, position duties and other special circumstances impacting employees in the front and back of the house, including under state and federal law. Investigation included preparation of a 50-point initial questionnaire, attendance on-site to walk the facility and conduct interviews with key personnel and delivery of a detailed report recommending substance policy changes and training to ensure compliance with applicable law.
• Successfully lobbied the Department of Labor to resolve its wage and hour investigation against an Ohio transportation and parking company, including after a former employee complained of not receiving all required overtime pay due under applicable law. Tasks included conducting a thorough review of paystubs for a more than six-month period, presenting detailed arguments to the governmental representative in person and via telephone, finalizing settlement documents and instructing client on post-investigation policy revisions to mitigate future liability.

ADA, FMLA and Medical Leave

• Attained administrative judgment in favor of medical client on ADA and FMLA claims filed by Korean-based physician, including based on a failure-to-accommodate theory, where physician submitted certifications from non-U.S. doctors and executed a post-separation release of claims. Composed statement of position and supporting exhibits that convinced EEOC that client’s decision to terminate the physician’s employment was strictly based on the physician’s failure to provide sufficient medical documentation verifying his condition, and not based on a violation of applicable state or federal law.
• Guided client through FMLA interactive process, and upon expiration of medical leave, through a corresponding request for ADA reasonable accommodations, in order to comply with applicable laws and eventually terminate an unproductive employee for lawful reasons per the employer’s reduction in force. Provided template notices, emails and forms to employer concerning employee’s leave status, medical symptoms, essential duties, return to work status and applicable benefits.

Accessibility and Accommodations

• Obtained favorable settlement on behalf of large hospital company in accessibility matter filed by litigious plaintiff against Salt Lake City hotel facility, alleging ADA violations stemming from construction defects in public rooms, restrooms, paths of travel, access to good and services, parking and other common areas. Drafted answer and affirmative defenses, liaised with local counsel in Utah, attended on-site visit and inspection, analyzed ADA report prepared by expert and negotiated confidential settlement that greatly minimized legal exposure of client.
• Negotiated settlement and stipulation of dismissal with prejudice of ADA accessibility action filed by disabled out-of-state plaintiff against Denver hotel facility, alleging ADA violations stemming from construction defects in common areas.
• Responsible for drafting all pleadings, conducting walk-through of hotel with accommodation expert and negotiating settlement with opposing counsel, resulting in huge monetary savings for the client.

Employee Relations

• Directed cross-departmental investigation into allegations of harassment and inappropriate workplace communications against chief medical physician on behalf of Montana-based integrated healthcare system. Conducted interviews with more than 10 physicians and staff, drafted confidential summary report and recommendations and consulted with general counsel on strategy to restore positive communication and culture in the workplace.
• Coached local manufacturing client through resolution of a threatened litigation matter arising from the termination of a key employee for alleged off-duty activities conducted on work premises, including certain inappropriate statements related to politics and the COVID-19 pandemic. Crafted three separate letters to opposing counsel outlining the events leading to the employee’s termination in detail, which ultimately helped result in a favorable settlement outcome for the client. The events giving rise to the termination would have presented a case of first impression for the State of Colorado in analyzing the conflict between individual protections covered by the off-duty activities statute and the employer’s interest in prohibiting inappropriate, politically motivated statements by employees related to the COVID-19 pandemic during work hours.
• Recovered approximately $135,000 in capital contributions on behalf of Colorado executive level employee, investor and shareholder through aggressive and calculated demand arising from wrongful termination of a key partner from a lucrative insurance recovery business. In a rare plaintiff-side representation, I was responsible for preparing the initial demand letters, analyzing potential causes of action and representing the client in person at a mediation where the six-figure settlement was achieved.
• Launched confidential investigation on behalf of hospitality company into sexual harassment allegations raised by female employee against male supervisor, in tandem with the filing of an EEOC disparate treatment charge. Conducted formal interviews with more than five employees, consulted with client regarding factual findings and recommended disciplinary action and responded to EEOC charge alleging gender discrimination, securing judgment in favor of the employer.

Business Support

Policy Drafting

• Reviewed and updated more than 40 employment law handbooks and addendum policies pertaining to all aspects of the employment relationship (e.g., EEO policies, harassment and retaliation, medical leave, wage and hour, health and safety, drug and alcohol, weapons, general work policies, etc.).
• Drafted and revised more than 75 employment contracts pertaining to startup-adjacent issues (e.g., offer letters, employment agreements, confidentiality/IP agreements, NDAs, equity and stock option agreements, executive compensation agreements, separation and mutual release agreements, etc.).
• Modified explosive-manufacturing client’s drug use policy to ensure compliance with federal law limiting the use of illicit and intoxicating substances in the workplace, with appropriate carve-outs for lawful cannabis use, including while off-duty in Colorado to the extent such usage does not impact the employee’s on-duty performance.
• Drafted employer-friendly remote work policies, social media policies and attendance policies for use in post-pandemic world.

General Contracts

• Counseled local technology client through the retention of independent contractors in more than four countries, including in Canada and various parts of South America, ultimately facilitating compliance with applicable registration and misclassification laws. Customized boilerplate contractor agreements for the company to use in each country, including with the assistance of local counsel, and educated the client regarding the pros and cons of expansion into foreign jurisdictions from an employment perspective.
• Revised and updated numerous trade secret and restrictive covenant agreements for Colorado employers and employers operating within the state in order to ensure compliance with evolving, employee-friendly laws restricting the use of non-competes, non-solicitation agreements and other restrictive covenants. The enforceability of these types of agreements is absolutely vital to the client’s business operations and continuity.
• Overhauled recruiting company’s salary-based and commission-based compensation agreement and offer letter for sales employees, including to comply with applicable law, by adding distinct terms, creating complex triggering mechanisms and tying compensation to specific sales statistics and profit metrics. Disputes over compensation such as base salary, commissions and bonuses are a frequent topic of discussion at the end of employment and ensuring that the financial side of the employment relationship is airtight is critical to reduce the client’s long-term financial exposure.
• Crafted vendor purchaser agreement on behalf of local entrepreneur to facilitate the exclusive purchase of cosmetic products from an online marketplace registered to a nurse practitioner.
• Authored design services contract on behalf of local photographer to facilitate the provision of travel photography services to Colorado residents.
• Designed landlord-friendly residential real estate contract for husband and wife’s investment property based in Colorado Springs.

Corporate Law and M&A Due Diligence

• Completed employment law due diligence to assist with closing of more than $11,000,000 asset-purchase transaction. Duties included analyzing the memorandum of intent, revising the sale purchase agreement, following-up on document requests and issue spotting for employment law risks.
• Prepared operating and subscription agreements, corporate resolutions and promissory notes for multiple clients based in Ohio and Florida.

Data Privacy and the Recovery of Company Property

• Managed defense of electronic company’s response to data breach incident flowing from a threat actor’s unauthorized access and entry into a Microsoft O365 account. Working in concert with one of AmLaw 100’s foremost Digital Assets and Data Management team, I oversaw the entire eDiscovery process, reviewed and analyzed documents in Relativity, and represented the client in virtual hearings before an Illinois State Court judge.
• Reacquired online data and other intellectual property, including control over more than 10 website domains, on behalf of LGBTQ non-profit through aggressive legal tactics directed against a former employee and founder that departed the company with company property with the intent to extract a settlement payment. The total amount ultimately paid by the client to secure its personal property was negligible compared to what the employee initially demanded.
• Accelerated repayment of more than $52,000 in stolen funds by rogue employee who racked up personal costs on company credit card and then fled the country despite an ongoing, criminal investigation. Through persistent, aggressive legal tactics, including the delivery of cease-and-desist letters and numerous email communications threatening litigation, the employee was persuaded to execute a confession of judgment for the entire balance, which was stayed subject to the payment of monthly, reoccurring payments paid to the company. The effect of the confession of judgment was to reduce tens of thousands of dollars in future costs, including attorney’s fees, associated with collection in the event of default.

Memberships

• American Bar Association
• Colorado Bar Association
• Florida Bar Association
• Cleveland Metropolitan Bar Association
• Federal Bar Association for the Northern District of Ohio

Community

• American Foundation for Suicide Prevention
• Buckeye Campaign Against Suicide, The Ohio State University