Joel C. Griswold

Partner

Chicago
T +1.312.416.6238
F +1.312.416.6258

Overview

Joel Griswold, a class action litigator, get results for clients with minimal interruption to their business operations. His nationwide practice includes, but is not limited to, successfully defending class actions arising under the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Fair Labor Standards Act, Americans With Disabilities Act and various state law claims.

Joel also regularly defends and counsels companies in business and employment disputes involving breach of contract, trade secret misappropriation, restrictive covenants and discrimination, and regularly counsels companies on all aspects of their employment policies and procedures, including restrictive covenants and protection of trade secrets. In addition, he is a frequent lecturer on defending wage and hour class and collective actions, a contributor to the firm's Employment Class Action blog and a featured interviewee on Bloomberg BNA FLSA Litigation Tracker.

Select Experience

  • At trial, successfully defended against claims of trade secret misappropriation, violations of restrictive covenants and the Computer Fraud and Abuse Act.
  • Counsels clients in relation to issues concerning potential trade secret misappropriation and restrictive covenants, including negotiating favorable settlements in cases threatening litigation.
  • Defeated class certification on behalf of an international retailer in a wage and hour action brought by hourly employees alleging that they were not paid for pre-shift and post-shift work.
  • Defeated class certification on behalf of an international retailer in a wage and hour action brought by a salaried employee alleging that store managers and managers in training had been misclassified as exempt.
  • Defeated class certification on behalf of an international security guard company in a wage and hour action brought by hourly employees alleging that they were not paid for pre-shift and post-shift work and time spent maintaining their uniforms.
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Experience

  • At trial, successfully defended against claims of trade secret misappropriation, violations of restrictive covenants and the Computer Fraud and Abuse Act.
  • Counsels clients in relation to issues concerning potential trade secret misappropriation and restrictive covenants, including negotiating favorable settlements in cases threatening litigation.
  • Defeated class certification on behalf of an international retailer in a wage and hour action brought by hourly employees alleging that they were not paid for pre-shift and post-shift work.
  • Defeated class certification on behalf of an international retailer in a wage and hour action brought by a salaried employee alleging that store managers and managers in training had been misclassified as exempt.
  • Defeated class certification on behalf of an international security guard company in a wage and hour action brought by hourly employees alleging that they were not paid for pre-shift and post-shift work and time spent maintaining their uniforms.
  • Decertified conditionally certified collective on behalf of an international security guard company in a wage and hour action brought by hourly employees alleging that they were not paid for pre-shift and post-shift work and time spent maintaining their uniforms.
  • Dismissed with prejudice, on behalf of international retailer, the named plaintiff's claims in a putative nationwide collective wage and hour action and statewide class action alleging that hourly employees were required to perform off-the-clock work.
  • Successfully represented a national staffing company in resolving a putative nationwide class action under the Fair Credit Reporting Act (FCRA).
  • Successfully obtained dismissal of a putative nationwide class action under the FCRA brought by a rejected employment applicant alleging failure to obtain prior consent for background checks and failure to provide pre-adverse action notice. 
  • Successfully represented an international retailer in resolving a putative nationwide class action under the Fair and Accurate Credit Transactions Act (FACTA).
  • Successfully represented an international retailer in a putative nationwide class action alleging the client's data retention practices violated the Video Privacy Protection Act (VPPA).
  • Successfully represented an international retailer in resolving putative class action under the Telephone Consumer Protection Act (TCPA).
  • Representing multiple international retailers in putative nationwide collective wage and hour actions in which salaried store managers allege they were misclassified as exempt.
  • Obtained summary judgment on behalf of an international technology company in a case alleging discrimination, hostile work environment, retaliation and Family Medical Leave Act (FMLA) claims. Affirmed by the Seventh Circuit.
  • Obtained judgment on behalf of the sheriff and internal affairs investigators in a lawsuit brought by former corrections officers who alleged they were subjected to retaliation for allegedly speaking out about mistreatment of inmates at a corrections facility, in violation of First Amendment rights. Affirmed by the Seventh Circuit.
  • Successfully represented a former NFL linebacker in a breach of contract dispute.
  • Successfully represented the Governor's Office of Management and Budget in connection with the legal issues relating to the development and evaluation of a Management and Concession Agreement for the State of Illinois Lottery.
  • Successfully represented the governor for the State of Illinois in litigation matters and counseling relating to constitutional, regulatory and administrative matters.
  • Successfully represented the mayor for the City of Chicago and the City of Chicago in multiple lawsuits regarding the closure of the airport at Meigs Field.
  • Regularly counsels clients on a broad spectrum of employment and business issues, including pay practices, dispute resolutions, and issues arising under the ADA, Title VII and FMLA. 

Recognitions and Memberships

Memberships

  • American Bar Association: Labor and Employment Section
  • Society of Human Resource Managers

Publications

Alerts

Community

  • Northwestern Alumni Association

Prior Positions

  • Judicial extern for the Honorable Michael M. Mihm in the United States District Court for the Central District of Illinois

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Illinois, Trial Bar
  • Illinois

Education

  • J.D., University of Minnesota Law School, 2002, cum laude
  • B.A., Northwestern University, 1999

Blog

In The Blogs

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Employment Law Spotlight
Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations
July 26, 2017
Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in...
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Employment Law Spotlight
Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate Off-Duty Use of Medical Marijuana
July 23, 2017
On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to pass a drug...
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Employment Law Spotlight
Update Regarding New York’s Paid Family Leave Law (Effective Jan. 1, 2018)
July 10, 2017
As we reported previously to New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees with eight...
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Employment Law Spotlight
Hope for Employers on the Wage and Hour Front: The Department of Labor Brings Back Opinion Letters
By Amanda Van Hoose Garofalo
June 29, 2017
Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the risk of a...
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Employment Law Spotlight
Labor Department Withdraws 2015-16 Joint Employment, Independent Contractor Guidance
June 7, 2017
Did the new Labor Secretary finally throw employers a bone? We think so, but it’s too early to tell whether it’s delicious bacon-flavored or some generic processed meat flavor. On June 7, 2017, the Department of Labor (DOL) announced it...
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