Joyce Ackerbaum Cox

Partner

Orlando
T +1.407.649.4077
F +1.407.841.0168

According to peers, Joyce Ackerbaum Cox is someone who "is not rattled easily" and "is very practical in her approach." This is echoed by her clients, who say: "She is amazing: calm, matter-of-fact, responsive and straight to the point."

— Chambers USA 2016

Overview

Joyce Ackerbaum Cox is an experienced employment attorney, focusing her practice on the management side of employment law matters for clients in all industries, particularly the hospitality, restaurant, healthcare and energy sectors. Joyce has a national practice and is a trusted advisor to many clients for both counseling and litigation. With a deep understanding of clients' businesses, Joyce partners with them to proactively avoid potential problems and provide practical solutions.

Joyce regularly defends employers involved in discrimination, harassment and retaliation claims, wage and hour compliance, and disability/leave, reduction-in-force and WARN Act issues. She has significant experience defending those matters brought as a class or collective action and in performing complex/high-level workplace investigations.

Joyce serves as co-leader of BakerHostetler’s Noncompete and Trade Secrets Practice team, advising on and litigating matters concerning violations of noncompete/nonsolicitation agreements and misappropriation of trade secrets. She has handled many high-profile cases around the country, with results favorable to the clients. She also advises on and prepares employment contracts, including executive contracts.

Additionally, Joyce handles matters regarding accessibility compliance under the Americans with Disabilities Act (ADA). She counsels and litigates these cases for both employers and public accommodations in general, and over the years has handled in excess of 100 cases regarding accessibility of brick and mortar locations, as well as websites.

Joyce is a member of the firm's Diversity and Inclusion Council and Chair of the firm's Disability Affinity Group.

Select Experience

  • Successfully represented a leading healthcare management organization in a multi-year, high profile federal case involving claims and counterclaims by and against a former senior executive. The company prevailed on its claims against the executive for breach of multiple restrictive covenants, receiving both an injunction (which was upheld on appeal) and summary judgment on the merits.
  • Successfully represented a leading company in the waste management industry in a trade secrets misappropriation and tortious interference case brought against a former employee and his new employer, a direct competitor, including obtaining a permanent injunction against both defendants.
  • Successfully obtained decertification of a 177-member putative class and final summary judgment on behalf of a large international contingent workforce management company and its subsidiary in a nationwide collective action for alleged off-the-clock violations of the FLSA brought by retail sales representatives.
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Experience

  • Successfully represented a leading healthcare management organization in a multi-year, high profile federal case involving claims and counterclaims by and against a former senior executive. The company prevailed on its claims against the executive for breach of multiple restrictive covenants, receiving both an injunction (which was upheld on appeal) and summary judgment on the merits.
  • Successfully represented a leading company in the waste management industry in a trade secrets misappropriation and tortious interference case brought against a former employee and his new employer, a direct competitor, including obtaining a permanent injunction against both defendants.
  • Successfully obtained decertification of a 177-member putative class and final summary judgment on behalf of a large international contingent workforce management company and its subsidiary in a nationwide collective action for alleged off-the-clock violations of the FLSA brought by retail sales representatives.
  • Successfully defeated nationwide class and collective action on behalf of a fine dining restaurant chain sued under the FLSA and state law for alleged tip credit and uniform violations.
  • Represented one of the world's leading suppliers in the field of energy technology in a case against four former employees and their new employer, a competitor, for trade secret misappropriation, tortious interference and breach of contract. A stipulated permanent injunction was obtained against all defendants and monetary relief was awarded to the client.
  • Obtained complete dismissals in federal court for three nationwide restaurant companies sued for not providing Braille gift cards for visually impaired customers under the Americans with Disabilities Act (ADA).
  • Successfully defended a municipality in a reverse discrimination case brought by a Caucasian firefighter challenging the municipality's affirmative action plan and the validity of certain promotions under the plan. The municipality won the case at trial, and the verdict was subsequently upheld on all counts at the Eleventh Circuit Court of Appeals following oral argument.
  • Represented a major financial institution in a case brought against three former employees and their new employer, a competitor, for breach of noncompete agreements, tortious interference and defamation. Obtained an extremely favorable settlement, including permanent injunctive relief against all defendants and a significant monetary payment to the financial institution.
  • Defended one of the world's leading providers of juice drinks in a 35-plaintiff race discrimination and sexual harassment case. Summary judgments or voluntary dismissals were obtained against a great majority of the plaintiffs, and the remainder of the case was resolved on very favorable terms for the company.
  • Successfully obtained summary judgment on behalf of a physician in charge of a hospital's medical education program who had been sued for defamation in connection with his preparation of student performance evaluations.
  • Defeated class certification in FLSA cases for multiple different pari-mutuel facilities sued for alleged violations of FLSA's tip-pooling requirements.
  • Handled over 100 matters for numerous restaurants, hotels, retail stores, shopping centers, banks, hospitals, theme parks, and other businesses involving claims under Title III of the ADA brought against physical (brick and mortar) locations and websites.
  • Prepared amicus briefs in the Ninth and Eleventh Circuits on behalf of dozens of industry groups addressing whether websites are subject to the ADA.

Recognitions and Memberships

Recognitions

  • Chambers USA: Labor & Employment in Florida (2006 to 2023) 
    • Band 2 (2017 to 2023), Band 3 (2009 to 2016), Band 4 (2006 to 2008)
  • The Legal 500 United States 
    • Recommended in Labor and Employment disputes (including collective actions): defense (2017 to 2021)
    • Recommended in Trade Secrets (litigation and non-contentious matters) (2017 to 2022)
  • The Best Lawyers in America® (2007 to Present)
    • Florida: Employment Law – Management
      • Best Lawyers® "Lawyer of the Year" (2022)
    • Florida: Litigation – Labor & Employment
    • Florida: Trade Secrets Law
      • Best Lawyers® "Lawyer of the Year" (2013)
  • Florida "Super Lawyer" (2008 to 2022)
  • Martindale-Hubbell: AV Preeminent
  • Lawdragon, 500 Leading U.S. Corporate Employment Lawyers (2020 to 2022)
  • Florida Trend, Legal Elite: "Best Up-and-Coming Attorney" (2004)
  • ExpertGuides: Women in Business Law, Labor and Employment Section (2014, 2017)

Memberships

  • Federal Bar Association
  • American Bar Association: Labor and Employment Law Section
  • Florida Bar Association
  • Orange County Bar Association: Labor and Employment Law Section
  • Academy of Florida Management Attorneys (AFMA)
  • Florida Executive Women
  • Middle District of Florida Grievance Committee (past member)

Community

  • Jewish Community Center Board of Directors (past Board member)
  • Coalition for the Homeless

Admissions

  • U.S. Court of Appeals, Second Circuit, 2020
  • U.S. Court of Appeals, Third Circuit, 2010
  • U.S. Court of Appeals, Seventh Circuit, 2019
  • U.S. Court of Appeals, Ninth Circuit, 2002
  • U.S. Court of Appeals, Eleventh Circuit, 1998
  • U.S. District Court, Northern District of Florida, 2015
  • U.S. District Court, Southern District of Florida, 1999
  • U.S. District Court, Middle District of Florida, 1996
  • U.S. Supreme Court, 2000
  • Florida, 1996

Education

  • J.D., University of Miami School of Law, 1996; magna cum laude; Order of the Coif; Entertainment and Sports Law Review, "Do Shoe Contracts Threaten Universities' Tax Exempt Status?" Vol. 13, No. 1-2, 199
  • B.B.A., International Finance and Marketing/Business Law, University of Miami, 1993, with honors

Blog

In The Blogs

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Employment Law Spotlight
Another Year, Another Dollar. New York State Set To Increase Minimum Wage
June 6, 2023
The 2024 New York State budget, which was recently announced, includes a plan whereby the minimum wage will increase throughout the state, beginning on January 1, 2024 and continuing through 2026, as follows: Locality Current Minimum Wage...
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Employment Law Spotlight
New York Releases Latest Model Anti-Sexual Harassment Policy and Training
By Fanny A. Ferdman, Amanda Van Hoose Garofalo
April 18, 2023
On April 11, 2023, the New York State Department of Labor, in collaboration with the New York State Division of Human Rights, released an updated model anti-sexual harassment policy and an updated model training. Among other things, the...
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Employment Law Spotlight
Ten Things That Should Be in Your Staffing Agency Agreements But Probably Aren't
By Todd H. Lebowitz
March 13, 2023
Retaining temporary labor can be convenient for your business, but the retention introduces new legal risks. Under a joint employment theory, your company can be 100% legally liable for errors made by a staffing agency. You could be sued...
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Employment Law Spotlight
Back to the Future: USCIS Resumes Expedited Processing of H-4 and L-2 Applications When Filed Concurrently with an H-1B or L-1 Petition
By John A. Foerster, David M. Serwer
January 26, 2023
In a settlement, United States Citizenship and Immigration Services (USCIS) has agreed to return to processing dependent H-4 and L-2 applications at the same time as the H-1B or L-1 petition when filed concurrently. This settlement has...
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Employment Law Spotlight
Giving Birth to Federalized Pregnancy Accommodation Standards: Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act
By Delores V. Chichi, Amanda Van Hoose Garofalo
January 25, 2023
Modeled after the Americans with Disabilities Act (ADA) and enforced by the Equal Employment Opportunities Commission (EEOC), the Pregnant Workers Fairness Act (PWFA) was passed with bipartisan congressional support as a component of the...
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