People: Abad Lopez, Associate

Abad Lopez

Associate

Chicago
Direct: (312) 460-5441
Fax: (312) 460-7441
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Mr. Lopez is an associate in the Labor & Employment Department of Seyfarth Shaw LLP.  Mr. Lopez has represented employers in a wide array of state and federal matters, including litigation of wrongful discharge claims, various tort based common law claims, harassment claims, and discrimination and retaliation claims brought pursuant to Title VII, the FMLA, the ADA, the ADEA and various other state and local statutes.

His practice focuses on the defense of employers in employment litigation before federal and state courts and administrative agencies including actual or putative collective and/or class action matters under the FLSA , state wage-and-hour laws and Title III of the ADA.

Mr. Lopez also advises employers on compliance measures,including reviewing employment policies, counseling on disciplinary actions and investigations, negotiating severance and release agreements, and conducting employment practices reviews. 

Among his many cases, Mr. Lopez has successfully limited putative collective/class actions to single plaintiff arbitrations in Texas and Kansas for a major health care company. In addition, Mr. Lopez has successfully obtained summary judgment and dismissal with prejudice of Title VII, ADA, and retaliatory discharge cases in the United States District Courts in Michigan and Illinois.

Prior to joining Seyfarth, Mr. Lopez was Assistant General Counsel for Class Actions and Employment Litigation for a major global retailer. In this role, Mr. Lopez managed complex wage and hour and employment lawsuits. His role included managing all aspects of litigation, including conducting pre and post certification discovery and investigations in multi-state wage and hour cases.

Mr. Lopez is fluent in Spanish.

Mr. Lopez is an associate in the Labor & Employment Department of Seyfarth Shaw LLP.  Mr. Lopez has represented employers in a wide array of state and federal matters, including litigation of wrongful discharge claims, various tort based common law claims, harassment claims, and discrimination and retaliation claims brought pursuant to Title VII, the FMLA, the ADA, the ADEA and various other state and local statutes.

His practice focuses on the defense of employers in employment litigation before federal and state courts and administrative agencies including actual or putative collective and/or class action matters under the FLSA , state wage-and-hour laws and Title III of the ADA.

Mr. Lopez also advises employers on compliance measures,including reviewing employment policies, counseling on disciplinary actions and investigations, negotiating severance and release agreements, and conducting employment practices reviews. 

Among his many cases, Mr. Lopez has successfully limited putative collective/class actions to single plaintiff arbitrations in Texas and Kansas for a major health care company. In addition, Mr. Lopez has successfully obtained summary judgment and dismissal with prejudice of Title VII, ADA, and retaliatory discharge cases in the United States District Courts in Michigan and Illinois.

Prior to joining Seyfarth, Mr. Lopez was Assistant General Counsel for Class Actions and Employment Litigation for a major global retailer. In this role, Mr. Lopez managed complex wage and hour and employment lawsuits. His role included managing all aspects of litigation, including conducting pre and post certification discovery and investigations in multi-state wage and hour cases.

Mr. Lopez is fluent in Spanish.

Education

  • J.D., University of Illinois College of Law (2001)
    Dean's List
  • B.A., University of Illinois (1998)

Admissions

  • Illinois

Courts

  • U.S. Court of Appeals Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Southern District of Indiana
     

Affiliations

  • American Bar Association
  • Chicago Bar Association
  • Hispanic Lawyers Association of Illinois

Representative Engagements

  • Robles v. Costco Wholesale Corporation,11-cv-01785 (N.D. IL) (defending company in ongoing nationwide Title III of the ADA class action)
  • United Healthcare Services, Inc. adv. Beevers, 4:10-cv-01410 (S.D. Tex.) (compelled arbitration of single plaintiff claim in nationwide FLSA collective action claiming that utilization management nurses are misclassified as exempt)
  • United Healthcare Services, Inc. et al. adv. Cohen, 10-2027 (C.D. Cal.) (defending company in nationwide FLSA collective action and California-wide class action alleging unpaid pre- and post-shift work and missed meal periods by telesales employees)
  • UnitedHealth Group, Inc. et al. adv. Peters, 2:10-cv-02280 (D. Kan.) (defending company in nationwide FLSA collective action alleging unpaid pre- and post-shift by customer service representatives)
  • Hyatt Corporation adv. Underwood, 8:10-cv-00848-JDW-TBM (M.D. Fla.) (defended company against FLSA off-the-clock and tip credit claims by restaurant servers)
  • GC Services LP, adv. Gardner, 3:10-cv-997 (S.D. Cal.) (defending company in class action claim that call center employees performed off-the-clock pre- and post-shift work and work during their meal periods)
  • Aldi, Inc. adv. McNelley, et al., 1:09-cv-01868 (N.D. Ohio.) (defending company against nationwide collective action claiming that Store Managers are misclassified as exempt under the executive exemption)
  • Gerhard v. D Construction, Inc., et al.,  11-cv-00631 (N.D. IL) (obtained summary judgment and dismissal of entire case, including claims for retaliatory discharge under the False Claims Act and disability discrimination under the ADA.  Opinion published at 2012 U.S. Dist. LEXIS 35406).
  • Zimmerman, et al. v. Rush Hour Event, LLC, et al., 10-cv-03117 (N.D. IL) (limited putative collective action to nominal settlement of individual claims)
  • Pontrelli v. Tax Airfreight, Inc., 10-cv-03127 (obtained favorable settlement in Americans with Disabilities Act claim)
  • Hendersen v. TJX Companies, Inc., 10-cv-01327(obtained nominal settlement in Title VII discrimination claim)
  • Odneal v. TJX Companies, Inc., 10-cv-14582 (E.D. Mich.) (obtained dismissal of Title VII race discrimination claim)
  • Tosti v. NBC Merchants, Inc., 10-cv-00154 (S.D. Ind.) (defended FMLA retaliation case resulting in favorable settlement)
  •  Wakely, et al. v. Marshalls of MA, Inc., 11-cv-12430 (E.D. Mich.) (obtained complete summary judgment in race discrimination case)
  • Laramore v. Security Consultants Group, Inc. (Circuit Court of Cook County, IL) (obtained nominal settlement in race, age, and religious discrimination and retaliation case under Illinois Human Rights Act) 

Publications

  • Chapter Author, “Wage and Hour Collective and Class Litigation”  ALM Law Journal Press (January 2012)
  • Author, “In Hybrid Class/Collective Actions, Plaintiffs Can't Have It Both Ways,” Seyfarth Shaw’s Wage and Hour Litigation Blog (2011)
  • Author, “Should Disproportionate Attorney’s Fees Doom Proposed FLSA Settlements?” Seyfarth Shaw’s Wage and Hour Litigation Blog (2012)