People: Kyle Petersen, Associate

Kyle Petersen

Associate

Chicago
Direct: (312) 460-5950
Fax: (312) 460-7950
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Kyle Petersen concentrates her practice on all facets of labor and employment law, including counseling and litigation.  Ms. Petersen’s employment litigation practice includes litigation involving federal, state, and local employment laws, such as Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), and various state statutes and common law doctrines relating to employment.  In addition to her litigation practice, Ms. Petersen represents clients in responding to administrative charges before federal, state and local agencies, advises clients with respect to the full range of employment and labor laws, conducts internal investigations, negotiates and drafts employment and separation agreements and advises employers on implementing personnel policies and mitigating risk in employment decisions.

Ms. Petersen has a special emphasis on wage and hour matters.  She has extensive experience counseling employers regarding employee classifications, including the development of strategies for minimizing potential exposure associated with classification changes, and representing management in department of labor audits, as well as single and multi-plaintiff wage and hour litigation under both state and federal law.  Ms. Petersen’s experience in this growing area includes second chairing a lengthy bench trial, resulting in the denial of overtime claims asserted by multiple plaintiffs against a Fortune 1000 company.  The trial came after defeating plaintiffs’ attempts to certify a class of over one thousand employees. 

Ms. Petersen was named an Illinois Rising Star by Illinois Super Lawyers in 2008 and 2009.

Kyle Petersen concentrates her practice on all facets of labor and employment law, including counseling and litigation.  Ms. Petersen’s employment litigation practice includes litigation involving federal, state, and local employment laws, such as Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), and various state statutes and common law doctrines relating to employment.  In addition to her litigation practice, Ms. Petersen represents clients in responding to administrative charges before federal, state and local agencies, advises clients with respect to the full range of employment and labor laws, conducts internal investigations, negotiates and drafts employment and separation agreements and advises employers on implementing personnel policies and mitigating risk in employment decisions.

Ms. Petersen has a special emphasis on wage and hour matters.  She has extensive experience counseling employers regarding employee classifications, including the development of strategies for minimizing potential exposure associated with classification changes, and representing management in department of labor audits, as well as single and multi-plaintiff wage and hour litigation under both state and federal law.  Ms. Petersen’s experience in this growing area includes second chairing a lengthy bench trial, resulting in the denial of overtime claims asserted by multiple plaintiffs against a Fortune 1000 company.  The trial came after defeating plaintiffs’ attempts to certify a class of over one thousand employees. 

Ms. Petersen was named an Illinois Rising Star by Illinois Super Lawyers in 2008 and 2009.

Education

  • J.D., Chicago-Kent College of Law, Illinois Institute of Technology (2001)
    Order of the Coif, High Honors
    Law Review
    CALI Award Winner for highest grade in Legal Writing II and Legal Drafting Semifinalist
    Charles Evans Hughes Moot Court Competition
  • 1995, Indiana University (B.A.)
    Political Science, Honors Scholar

Admissions

  • Illinois

Courts

  • U.S. District Court Northern and Central District of Illinois
  • Northern District of Illinois Federal Trial Bar
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Western District of Michigan

Affiliations

  • Chicago Bar Association
  • American Bar Association
  • Friends of Drummond (Board Member)
  • West Bucktown Neighborhood Association (Former Vice President and Board Member)
  • KAM Isaiah Israel, Personnel Practices (Former Committee Chair)
  • Center on Halsted, Community and Cultural Affairs Committee (Former Member)

 

Representative Engagements

  • Second chaired a lengthy bench trial, resulting in the denial of overtime claims asserted by multiple plaintiffs. The trial came after defeating plaintiffs’ attempts to certify a class of over one thousand employees.
  • Represented Fortune 1000 company in defending a class action in which the company faced millions of dollars in potential exposure for unpaid overtime, penalties and attorneys’ fees. Through a focused, aggressive defense, plaintiffs were forced to settle for less than two percent of the damages they had sought and recovered none of their legal fees.
  • Represented proprietary trading firm in a AAA arbitration fully defeating former executive’s breach of contract claim under which he alleged he was entitled to a twelve percent equity stake in the firm. The hearing also included extensive expert testimony regarding the former executive’s spoliation of evidence and resulted in an award of attorneys' fees for the client.
  • Represented nationally recognized investment bank in several internal investigations, including allegations of sexual harassment, retaliation, and pregnancy discrimination.
  • Represented national exchange in multi-claimant EEOC investigation regarding allegations of discriminatory promotion policies.
  • Obtained a summary judgment victory on behalf of Midwest manufacturing company in an age and disability discrimination suit in federal court. The Seventh Circuit Court of Appeals subsequently affirmed summary judgment.
  • In a case involving the protection of the client’s trade secrets and customers, despite the absence of any restrictive covenant agreement, successfully persuaded federal judge that the executive, with the approval of his prospective employer, breached his fiduciary duties to the company, thereby entitling client to an injunction prohibiting the executive, his new employer, as well as anyone acting on their behalf, from soliciting or doing business with several of our clients during a critical period.

Presentations

  • Mandatory Vaccination Policies & Hospitals," Metropolitan Chicago Healthcare Council (August 2010)
  • "Legal Issues in the New Workplace," Media Finance Focus 2010 Conference, Nashville, TN (May 2010)
  • “New Laws, Bad Economy: An Update on the Changing Landscape of Employment Law,” Katten Muchin Rosenman LLP Labor and Employment Roundtable, Chicago, Illinois (April 2009)
  • “FLSA Overtime Issues: Employees Gold Mine vs. Your Bottom Line,” Katten Muchin Rosenman LLP Labor and Employment Roundtable, Chicago, Illinois (September 2008)
  • “Bridge the Gap: Basic Skills for Newly Admitted Attorneys,” Practicing Law Institute, Chicago, Illinois (September 2008)

Publications

  • Chapter Author, "Chapter 22 - Independent Contractors and Joint Employers," Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012).  Definitive treatise on wage and hour litigation.