Robert R. Duda Jr. is an associate with Smith O'Callaghan & White, and was previously an associate with Kessler Smith & Powen. Mr. Duda was selected by his peers and recognized as an Illinois Rising Star in Labor and Employment Law in 2011 and 2012. www.superlawyers.com

Mr. Duda's practice focuses on representing employers in federal and state courts in employment-related litigation arising under the employment discrimination laws, as well as breach of employment contracts, breach of fiduciary duty, enforcement of non-compete and non-solicitation agreements, employment-related torts and misconduct, workplace defamation and unfair competition. Mr. Duda was second chair, and actively involved in all phases of the litigation, in a successful federal court trial to verdict, recovering a monetary judgment for a corporate client in the first employee pirating, breach of fiduciary duty and misappropriation of trade secrets case in the client's industry.

He frequently provides counsel to employers to protect their interests through the use and enforcement of restrictive covenants and by responding to employee raiding and pirating attempts. Mr. Duda co-authored, "Protecting Your Company's Interests From Actions of Departing Employees in the Absence of a Restrictive Covenant or Confidentiality Agreement," which provides guidance to employers concerning specific steps that may be taken to protect trade secrets and confidential information and prevent unfair competition in the absence of pre-existing written agreements.

Mr. Duda also represents employers in defense of discrimination and harassment charges in federal and state administrative agency proceedings in Illinois and Wisconsin, and has successfully obtained dismissal of charges alleging violations of the employment discrimination laws in discharge, failure to promote and retaliation claims.

Mr. Duda frequently counsels employers on compliance with employment discrimination laws, including Title VII, the ADA and the ADEA, as well as reductions-in-force and plant closings implicating the Older Workers Benefit Protection Act and the Worker Adjustment Retraining and Notification Act. He also counsels employers on best practices for compliance with e-discovery rules and requirements. Recently, Mr. Duda played key roles in the successful resolution of federal court lawsuits alleging pattern and practice claims under the ADEA and the ADA in connection with a company-wide reduction-in-force and FMLA and retaliatory discharge claims.

Admissions

Illinois, 1999
U. S. District Court, Northern District of Illinois, 1999

Education

DePaul University College of Law, J.D., 1999
University of Dayton, B.A., 1996

Recognition & Awards

Selected by peers as Illinois Rising Star
in Labor and Employment Law,
2011 & 2012
Chicago magazine

Member

Chicago Bar Association, Member: Labor and Employment Law Committee

Publications

"Judicial Estoppel: Key Defense In Discrimination Suits," Employment Law360, September 12, 2008.

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