Martin T. Wymer

Partner

Cleveland
T +1.216.861.6021
F +1.216.696.0740

[Marty Wymer] “is an esteemed trial attorney in the labor and employment space with experience across a range of collective and class actions. One source says: ‘He has a great ability to interact with others and to level with them in a direct and honest manner.’”

— Chambers USA 2020

Overview

Marty Wymer is a veteran trial lawyer who defends corporate clients facing high-stakes, complex employment litigation, including wage and hour and discrimination class actions, executive termination disputes, individual discrimination cases with significant financial exposure and retaliation cases brought by purported corporate whistleblowers. A seasoned, tactical advocate, Marty brings a uniquely aggressive yet nuanced approach to litigation, winning cases throughout the country at both the trial and appellate levels for clients in a wide range of industries, with particular emphasis in the information technology, financial and professional services and manufacturing sectors.

Marty has been ranked in Chambers USA: America’s Leading Lawyers for Business in Labor & Employment since 2010 and has been listed in The Best Lawyers in America® since 2006. Marty also has been recognized in the Legal 500 in Labor and Employment Dispute Defense.

Select Experience

  • Marty has successfully tried numerous employment discrimination cases brought against corporate employers in a wide variety of jurisdictions and forums, including claims for age, race, sex, pregnancy and disability discrimination, unlawful retaliation and/or sexual harassment.
  • Marty also has broad experience in successfully defending corporate employers in wage and hour and discrimination class actions in the information technology, financial services, manufacturing and transportation industries, including defeating certification of a proposed class of over 750 highly technical employees of a global technology company and obtaining summary judgment as to part of a class of over a thousand computer and systems analysts at an industry-leading information technology company before defeating certification as to the remaining class members.
  • Marty has successfully defended corporate clients in a number of cases brought by senior executives seeking unpaid equity and/or bonus compensation, including obtaining a defense verdict in a lawsuit brought by former executives of an industrial chemical manufacturer seeking a portion of the proceeds from the sale of the company and obtaining summary judgment in a lawsuit brought by senior executives of a joint venture between global pharmaceutical and information services companies seeking a significant percentage of the $500 million sale of that joint venture purportedly promised by its former CEO.
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Experience

  • Marty has successfully tried numerous employment discrimination cases brought against corporate employers in a wide variety of jurisdictions and forums, including claims for age, race, sex, pregnancy and disability discrimination, unlawful retaliation and/or sexual harassment.
  • Marty also has broad experience in successfully defending corporate employers in wage and hour and discrimination class actions in the information technology, financial services, manufacturing and transportation industries, including defeating certification of a proposed class of over 750 highly technical employees of a global technology company and obtaining summary judgment as to part of a class of over a thousand computer and systems analysts at an industry-leading information technology company before defeating certification as to the remaining class members.
  • Marty has successfully defended corporate clients in a number of cases brought by senior executives seeking unpaid equity and/or bonus compensation, including obtaining a defense verdict in a lawsuit brought by former executives of an industrial chemical manufacturer seeking a portion of the proceeds from the sale of the company and obtaining summary judgment in a lawsuit brought by senior executives of a joint venture between global pharmaceutical and information services companies seeking a significant percentage of the $500 million sale of that joint venture purportedly promised by its former CEO.
  • Marty also has significant experience in defending corporations in a variety of industries in wrongful termination disputes brought by senior executives, including obtaining defense verdicts in cases brought by the chief operating officer and by the general counsel of a global, high-value management consulting firm.
  • Marty has successfully defended a variety of public corporations in a number of different industries against claims brought by purported internal whistleblowers under the Sarbanes-Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act, including obtaining summary judgment in cases alleging securities fraud against a Fortune 100 contractor for the U.S. Navy and against a global information technology company related to its spinoff of a large, wholly-owned subsidiary.
  • Marty also has led a wide variety of internal investigations of alleged corporate misconduct, including allegations of securities fraud, fraudulent accounting, embezzlement, assault, sexual and racial harassment and other violations of corporate standards of business conduct.
  • Marty has significant appellate experience, including successfully arguing appeals for a wide variety of corporations in the financial services, information technology, manufacturing, insurance and professional services industries at the U.S. Courts of Appeals for the Third, Fifth, Sixth, Seventh, Ninth and Eleventh Circuits, and the state appellate courts of Ohio, Michigan and California.
  • Marty also has a long history of obtaining favorable results for corporate clients in various industries involved in litigation concerning the misappropriation of trade secrets and/or the violation of contractual non-competition covenants.
  • Marty has successfully handled a variety of commercial disputes representing clients in the information technology, financial services, energy and software development industries, including lawsuits asserting breach of warranty claims brought against a leading manufacturer of anti-pollution devices used in industrial power plants and against the developer of customer-facing websites for a global automobile manufacturer.
  • Marty has served as the lead negotiator in collective bargaining negotiations for a variety of employers in both the private and public sector, including large urban school districts, regional transit authorities and distressed mining industry employers seeking reorganization under the U.S. Bankruptcy Code.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2019)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense
  • Chambers USA: Labor & Employment in Ohio (2010 to present)
  • The Best Lawyers in America® (2006 to Present)
    • Ohio: Employment Law – Management
    • Ohio: Labor Law – Management
    • Ohio: Litigation – Labor and Employment
  • Ohio "Super Lawyer" (2005 to 2020)

Memberships

  • ACI National Wage & Hour Class Action Forum: Co-Chair (2012 and 2016)
  • American Bar Association
  • Ohio State Bar Association
  • Michigan Bar Association
  • Cleveland Metropolitan Bar Association

Community

  • Easter Seals Northern Ohio: Chairman of the Board of Directors
  • Boys & Girls Clubs of Cleveland: Board of Directors
  • ALS Association Northern Ohio Chapter: Board of Directors

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, District of Colorado
  • Michigan, 1990
  • Ohio, 1984

Education

  • J.D., The Ohio State University Michael E. Moritz College of Law, 1984, with honors
  • B.A., University of Cincinnati, 1980, summa cum laude, Phi Beta Kappa

Blog

In The Blogs

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Employment Class Action Blog
The Vote is In, FAA Sections 9 And 10 Do Not Provide "Look-Through" Jurisdiction to Confirm or Modify Arbitral Awards
By John B. Lewis
April 6, 2022
Our prior blog articles predicted that the outcome in Badgerow v. Walters, No. 20-1143, might turn on whether the plain text of the Federal Arbitration Act (FAA) or its purposes would prevail. See our June 16 and Nov. 9, 2021 blog articles...
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Employment Class Action Blog
Lessons from 2021 on Avoiding Class Action Claims for Meal and Rest Break Violations in California
By Shareef Farag, Margaret Rosenthal, Ari Spitzer
February 4, 2022
In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried-and-true lessons about meal and rest breaks. As California employers...
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Employment Class Action Blog
The Fifth Circuit Now Considers Who Are ‘Parties' in an FAA Action to Compel Arbitration
By John B. Lewis
November 19, 2021
By John B. Lewis In two prior blogs, we have focused on a dispute over federal court jurisdiction to confirm or vacate an arbitration award under Section 9 and Section 10 of the Federal Arbitration Act (FAA). The dispute resulted in a...
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Employment Class Action Blog
The Supreme Court Argument Only Underscored the Complexities of Federal Court Jurisdiction Over Arbitration Awards
By John B. Lewis
November 9, 2021
By John B. Lewis One might expect that the plain text of a statutory provision would be in line with the overall goal of the law. But when that statute is the Federal Arbitration Act (FAA), it’s not necessarily the case. And many people...
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Employment Class Action Blog
Third Circuit Rejects District Court's Trial-Before-Certification Plan
By Gregory V. Mersol
October 20, 2021
Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes and Fair Labor Standards Act (FLSA) opt-in collective claims at the same time. They noted...
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