People: Steven J. Pearlman, Partner

Steven J. Pearlman

Partner

Chicago
Direct: (312) 460-5827
Fax: (312) 460-7827
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Mr. Pearlman is a partner in Seyfarth Shaw’s Labor & Employment Department. His practice is focused on representing management in complex employment litigation in federal and state courts around the country and counseling management to minimize the risk of litigation.

Mr. Pearlman was selected by Law 360 as a “Rising Star Under 40” -- Employment (1 of 5 in the country).  He also was selected as one of  “40 Illinois Attorneys Under Forty to Watch” by the Law Bulletin Publishing Company (40 out of 1,200 nominees were selected).  In addition, he was named an Illinois “Rising Star” in employment litigation defense on multiple occasions by Super Lawyers.

Complex Employment Litigation Defense & Counseling

Mr. Pearlman defends employers of all sizes against class action and single-plaintiff claims of discrimination and harassment as well as violations of wage-and-hour laws.  A number of his cases involve executives and challenges to wide-reaching policies. 

  • He has successfully tried cases to verdict in Illinois, Florida and California.
  • He defended what is reported to be the largest Illinois-only class action in the history of the U.S. District Court for the Northern District of Illinois.
  • He was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters.
  • He has published articles in the Employee Relations Law Journal, Employment Law 360, the Employment Law Strategist and the Illinois Bar Journal.
  • He has been quoted in Corporate Counsel, Employment Law 360, BNA Daily Labor Report and CCH Workday on a variety of employment law issues.

Whistleblower Litigation Defense & Counseling

In addition, Mr. Pearlman is the Co-Chair of Seyfarth Shaw’s national Sarbanes-Oxley Act Whistleblower Team. He is at the forefront of defending management against whistleblower claims arising under federal laws, state statutes and common law.  He also counsels employers to substantially minimize the risk of whistleblower claims through unique, cutting-edge SeyfarthLean processes.

  • He has appeared on Bloomberg News and has been quoted in a wide range of leading publications, such as The Wall Street Journal, The AmLaw Litigation Daily, Inside Counsel, The Fiscal Times, HR Magazine, Business Insider, Treasury & Risk, Business Insurance, Ignites (Financial Times), Compliance & Ethics Professional, Compliance Week, Broker Dealer Week, iWatch News and Perspectives on whistleblower laws and regulations.
  • He has published leading articles in this area in Forbes.com, Corporate Counsel, Employment Law 360, Securities Law 360 and The Securities Regulation Law Journal.
  • The U.S. Department of Labor’s Administrative Review Board has invited Mr. Pearlman to serve as a stakeholder in its rule-making and related proceedings and to serve in an amicus curiae capacity.
  • He was selected by the RAND Corporation – one of the world’s leading nonpartisan think-tanks – to submit a white paper and present at an exclusive symposium comprised of some of the most influential thought leaders on whistleblower laws and related policy issues.

Mr. Pearlman is deeply committed to providing pro bono services to individuals who are unable to afford legal resources.

Mr. Pearlman is a partner in Seyfarth Shaw’s Labor & Employment Department. His practice is focused on representing management in complex employment litigation in federal and state courts around the country and counseling management to minimize the risk of litigation.

Mr. Pearlman was selected by Law 360 as a “Rising Star Under 40” -- Employment (1 of 5 in the country).  He also was selected as one of  “40 Illinois Attorneys Under Forty to Watch” by the Law Bulletin Publishing Company (40 out of 1,200 nominees were selected).  In addition, he was named an Illinois “Rising Star” in employment litigation defense on multiple occasions by Super Lawyers.

Complex Employment Litigation Defense & Counseling

Mr. Pearlman defends employers of all sizes against class action and single-plaintiff claims of discrimination and harassment as well as violations of wage-and-hour laws.  A number of his cases involve executives and challenges to wide-reaching policies. 

  • He has successfully tried cases to verdict in Illinois, Florida and California.
  • He defended what is reported to be the largest Illinois-only class action in the history of the U.S. District Court for the Northern District of Illinois.
  • He was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters.
  • He has published articles in the Employee Relations Law Journal, Employment Law 360, the Employment Law Strategist and the Illinois Bar Journal.
  • He has been quoted in Corporate Counsel, Employment Law 360, BNA Daily Labor Report and CCH Workday on a variety of employment law issues.

Whistleblower Litigation Defense & Counseling

In addition, Mr. Pearlman is the Co-Chair of Seyfarth Shaw’s national Sarbanes-Oxley Act Whistleblower Team. He is at the forefront of defending management against whistleblower claims arising under federal laws, state statutes and common law.  He also counsels employers to substantially minimize the risk of whistleblower claims through unique, cutting-edge SeyfarthLean processes.

  • He has appeared on Bloomberg News and has been quoted in a wide range of leading publications, such as The Wall Street Journal, The AmLaw Litigation Daily, Inside Counsel, The Fiscal Times, HR Magazine, Business Insider, Treasury & Risk, Business Insurance, Ignites (Financial Times), Compliance & Ethics Professional, Compliance Week, Broker Dealer Week, iWatch News and Perspectives on whistleblower laws and regulations.
  • He has published leading articles in this area in Forbes.com, Corporate Counsel, Employment Law 360, Securities Law 360 and The Securities Regulation Law Journal.
  • The U.S. Department of Labor’s Administrative Review Board has invited Mr. Pearlman to serve as a stakeholder in its rule-making and related proceedings and to serve in an amicus curiae capacity.
  • He was selected by the RAND Corporation – one of the world’s leading nonpartisan think-tanks – to submit a white paper and present at an exclusive symposium comprised of some of the most influential thought leaders on whistleblower laws and related policy issues.

Mr. Pearlman is deeply committed to providing pro bono services to individuals who are unable to afford legal resources.

Education

  • J.D., University of California, Los Angeles, School of Law (1998)
  • B.A., University of Illinois at Urbana-Champaign (1994)

Admissions

  • California
  • Illinois

Courts

  • Illinois Supreme Court
  • California Supreme Court
  • U.S. Court of Appeals for the Seventh Circuit and Ninth Circuit
  • U.S. District Courts for the Central and Northern Districts of Illinois (Trial Bar), Central District of California, Northern District of Florida and Western and Eastern Districts of Michigan
     

Affiliations

  • Society of Corporate Compliance & Ethics
  • Anti-Defamation League (Co-Chair of Civil Rights Committee for the Greater Chicago / Upper Midwest Region, Executive Committee, Washington Affairs Committee, Advisory Board of Directors); Leadership 2020 initiative
  • Illinois Bar Association
  • Chicago Bar Association

Representative Engagements

  • Arrez, et al. v. Kelly Services, Inc., No. 07 CV 1289 (N.D. Ill.) (defense of putative state-wide class action involving issues of first impression under Illinois Day and Temporary Labor Services Act and the Illinois Wage Payment and Collection Act; putative class size > 95,000)
  • EEOC v. Kaplan Higher Education, Inc., No. 10 CV 2882, 2011 U.S. Dist. LEXIS 50035 (N.D. Ohio May 10, 2011) (defense of nationwide pattern-or-practice race discrimination claims based on use of credit history, an issue of first impression; prevailed on partial motion to dismiss complaint)
  • Boyd, et al. v. Alutiiq Global Solutions, LLC, No. 11 CV 00753 (N.D. Ill. Aug. 10, 2011) (defeated motion for collective action certification of nationwide class in action involving thousands of employees’ claims under the FLSA)
  • Resurrection Home Health Services v. Illinois Department of Labor, et al., No. 07M1-111335 (Cook Cty., Ill., Chancery Div.) (summary judgment on home healthcare workers' novel overtime claims)
  • Williamson, et al. v. United Air Lines, Inc., No. 03 CV 01456 (S.D. Ind.) (defense of putative class action alleging WARN Act violations; putative class size > 900)
  • Feeney, et al. v. Walgreen Health Initiatives, Inc. and Kelly Services, Inc., No. 10 CV 00844 (N.D. Ala.) (defense of putative FLSA off-the-clock collective action filed on behalf of hundreds of customer service center employees)
  • Hageman, et al. v. Accenture LLP, No. 10 CV 01759 (D. Minn.) (defense of ADEA disparate impact and pattern-or-practice claims)
  • King, et al. v. Heritage Enterprises, Inc., No. 10 CV 03039 (C.D. Ill.) (defense of putative FLSA off-the-clock collective action filed on behalf of hundreds of employees)
  • Ross, et al. v. Cox Enterprises, Inc., et al., No. 09 CV 00522 (E.D. Wisc.) (defense of putative nationwide class action alleging Fair Credit Reporting Act violations)
  • Cox, et al. v. Flair Corp. of Ocala [subsidiary of SPX Corp.], No. 01 CV 322 (M.D. Fla.); 2003 U.S. App. LEXIS 19914 (11th Cir. June 18, 2003) (defense verdict in multi-plaintiff jury trial involving race discrimination claims; affirmed by 11th Circuit)
  • Cobbs, et al. v. Mid City [subsidiary of Beauty Alliance], No. 06 CV 3971 (N.D. Ill.) (two-plaintiff jury trial; defense verdict on first plaintiff's sexual harassment and retaliation claims and mistrial on second plaintiff's claim)
  • American Asphalt Co. v. Hinsdale Township High School Dist. 86, No. 2000 L 558 (DuPage Cty., Ill.) (defense verdict in jury trial involving breach of contract claims)
  • Fleishman v. Continental Casualty Co., No. 09 CV 00414, 2011 U.S. Dist. LEXIS 134992 (N.D. Ill. Nov. 22, 2011) (summary judgment on internal counsel’s age (ADEA) and disability (ADA) discrimination claims)
  • NABET – CWA Local 41 v. ABC, Inc., No. 09 CV 3854, 2009 U.S. Dist. LEXIS 109572 (N.D. Ill. Nov. 24, 2009) (summary judgment in action alleging breach of settlement agreement and collective bargaining agreement)
  • DuBose v. Pepsico, et al., No. 2010 L 007676 (Cir. Ct. of Cook County, Ill.) (dismissal of retaliatory discharge claim under Illinois common law, led to favorable settlement)
  • Schlicksup v. Caterpillar, Inc., et al., No. 09 CV 1208 (C.D. Ill.) (defense of Sarbanes-Oxley Act whistleblower claims and claims under the Illinois Whistleblower Act)
  • Mart v. Forest River, Inc. & Berkshire Hathaway Inc., et al., No. 10 CV 118, 2012 U.S. Dist. LEXIS 22780 (N.D. Ind. Feb. 22, 2012) (dismissal of Sarbanes-Oxley Act whistleblower claim)
  • Johnson v. Siemens Building Technologies, et al., ARB Case No. 08-032 (amicus curiae, partnering with U.S. Chamber of Commerce, in Sarbanes-Oxley Act whistleblower case)
  • Simkus v. United Air Lines, Inc., Case No. 2010-SOX-00048, 2010 DOLSOX LEXIS 83 (OALJ Dec. 22, 2010) (dismissal of Sarbanes-Oxley Act whistleblower claim)
  • Johnson v. WellPoint, Inc., ALJ No. 2010-SOX-38, 2011 DOLSOX LEXIS 10 (OALJ Feb. 25, 2011) (summary judgment on Sarbanes-Oxley Act whistleblower claim)
  • Jones v. Walgreen Co., No. 08 CV 00185 (mistrial on pharmacist’s claim under Florida Whistleblower Act following week-long jury trial)
  • Gruber v. Mortgage IT, a subsidiary of Deutsche Bank, No. 5-1800-07-021 (DOL/OSHA) (dismissal of Sarbanes-Oxley Act whistleblower claims)
  • Ballard v. Southern Color NA, Inc., No. 4-5580-09-009 (DOL/OSHA) (dismissal of Sarbanes-Oxley Act whistleblower claims)
  • Betts, et al. v. Costco Wholesale Corp., Nos. 07-2103 / 07-2217 (6th Cir.) (cross appeals arising from jury trial involving multi-plaintiff racial harassment and race discrimination claims, ultimately limiting damage award to $3.00)
  • Metty v. Motorola, Inc., No. 05 CV 04113 (N.D. Ill.) (defense of senior executive’s sex discrimination claims against Executive Team and CEO) (Wall Street Journal, Mar. 12, 2007; Chicago Tribune: September 17, 2006, Oct. 12, 2006, Mar. 9, 2007)
  • Batchelor v. Merck & Co., Inc., No. 05 CV 791, 2008 U.S. Dist. LEXIS 99926, 105 Fair Empl. Prac. Cas. (BNA) 61 (N.D. Ind., Dec. 10, 2008) (summary judgment in action alleging violations of Pregnancy Discrimination Act and retaliation) (BNA Daily Labor Report, Dec. 22, 2008)
  • Mullapudi v. Mercy Hospital & Medical Center, et al., No. 07 CV 2053, 2008 U.S. Dist. LEXIS 75409 (N.D. Ill. Aug. 21, 2008) (dismissal of resident physician’s claims of race and national origin discrimination and numerous tort and breach of contract claims) (Chicago Daily Law Bulletin, Aug. 27, 2008)
  • Morgan v. Regis Corp., et al., No. 06 CV 332 (M.D. Tenn., Aug. 25, 2008) (summary judgment in race discrimination action)
  • Eisnaugle v. Midwest Generation, LLC, et al., No. 01-04-0517 (Ill. App. Ct., 1st Dist.) (affirming dismissal of wrongful death and survival claims against employer and seven corporate affiliates)
  • Cardinal Health 200, Inc. v. McKesson Corp., et al., No. 05 CH 0362 (Cook Cty., Ill., Chancery Div.) (favorable resolution in temporary restraining order action involving alleged violations of restrictive covenants)
  • Fragakis v. Ill. State Toll Highway Auth., No. 05 CV 02741, 2006 U.S. Dist. LEXIS 8279 (N.D. Ill. Mr. 3, 2006) (dismissal of claims for breach of contract, tortious interference with contract, administrative review, writ of certiorari, declaratory judgment, and due process violations)
  • Marsh v. Square D Co., No. 04 CV 00588 (E.D. N.C., Nov. 22, 2005) (summary judgment on ERISA claims arising from denial of disability benefits)
  • Luster v. Square D Co., No. 03 CV 4199, 2006 WL 680905 (W.D. Mo., Mr. 15, 2006) (summary judgment on Title VII retaliation claim and claims for violations of public policy)
  • Tumblin v. YKK Corp. of America, ALS No. 07-615 (Ill. Human Rts. Comm’n, April 12, 2010) (dismissal of retaliation action)
  • Amanti v. Motorola, Inc., No. 197-23-653 (DOJ) (dismissal of multiple discrimination claims before U.S. Department of Justice)
  • Webber v. United Air Lines, Inc., ALS No. 07-820 (Ill. Human Rts. Comm’n) (summary judgment on race, sex and age discrimination claims)
  • L.A. County DCFS v. Valerie F., et al., No. B-139515 (Cal. Ct. App., 2d App. Dist.) (pro bono representation of de facto parents in successful bench trial and appeal; led to adoption by de facto parents)

Presentations

  • “Whistleblower Programs One Year After Dodd-Frank Implementation,” Society of Corporate Secretaries & Governance Professionals National Conference, Washington D.C. (July 12, 2012)
  • “Whistleblower Incentives,” The Conference Board - Council on Corporate Compliance and Ethics, Chicago, Illinois (May 15, 2012)
  • “Managing The Whistleblower:  What Happens After The Whistle Has Been Blown?” ECOA, Washington, DC (May 11, 2012)
  • “The First Six Months Under the Dodd Frank Whistleblower Rules,” The Conference Board Webcast (April 4, 2012)
  • “The New Whistleblower Regime:  Understanding & Minimizing The Risks,” Society of Corporate Secretaries And Governance Professionals Webcast (March 9, 2012)
  • “Updating Your Whistleblower Procedures:  How To Apply Six Sigma And Lean Methodologies,” TheCorporateCounsel.net Webcast (November 30, 2011)
  • “Preparing for the SEC’s New Whistleblower Rules: What Companies Are Doing Now,” TheCorporateCounsel.net Webcast (September 13, 2011)
  • “Understanding The New Whistleblower Regime And How To Minimize The Risks,” EthicsPoint Webcast (August 9, 2011)
  • “Radical New Changes In The Whistleblower Landscape,” Business Ethics & Compliance Conference, Chicago, Illinois (June 16, 2011)
  • “When the Whistle Blows: Corporate Whistleblowers, Federal Policy, and the Shifting Landscape of Corporate Compliance and Culture,” RAND Center for Corporate Ethics and Governance, Washington D.C. (May 11, 2011)
  • “The SEC's New Regulations to Dodd-Frank: Whistleblowing On Steroids,” EthicsPoint Webcast (April 28, 2011)
  • "On the Cutting Edge of Workplace Class Actions,” Chicago Bar Association, Class Litigation Committee, Chicago, Illinois (February 23, 2011)
  • “The Changing Landscape Of Employment Law,” Chicago Bar Association, Labor & Employment Law Committee, Chicago, Illinois (February 9, 2011)
  • “Employment Law Tips and Techniques for CFOs,” ExecSense, Webcast (December 20, 2010)
  • “Dodd-Frank: What Employers Must Know To Comply,” Business and Legal Resources, Webcast (November 5, 2010)
  • “Whistleblower Claims Under the Sarbanes-Oxley Act,” Chicago Bar Association, Labor & Employment Law Committee, Chicago, Illinois (October 28, 2010)
  • “Whistleblowers and Ethical Dilemmas Facing In-House Counsel,” 2010 Annual Meeting of the Los Angeles County Bar Association’s Corporate Law Departments Section, Temecula, California (September 24, 2010)
  • “Tools & Techniques for Avoiding and Defending SOX Whistleblower Claims,” SAI Global / Seyfarth Shaw Webcast (June 16, 2010)
  • "Understanding the Genetic Information Nondiscrimination Act," Chicago Bar Association, Labor & Employment Law Committee, Chicago, Illinois (December 9, 2009)
  • “Are You Ready for the Genetic Information Nondiscrimination Act (GINA)?” Society for Human Resource Management, Webcast (November 20, 2009)
  • “Diffusing Workplace Law Bombs – Class Actions In 2009,” Chicago Bar Association Class Litigation Committee, Chicago, Illinois (October 28, 2009)
  • “Avoiding & Defending SOX Whistleblower Claims,” Business and Legal Resources 2009 National Employment Law Update, Las Vegas, Nevada (October 21, 2009)
  • “Deferred Law Firm Associates and Public Interest Organizations,” Chicago Bar Association / Chicago Bar Foundation, Chicago, Illinois (May 27, 2009)
  • "Workplace Class Action Litigation Trends for 2009," Chicago Bar Association, Trade & Professional Association Law Committee, Chicago, Illinois (March 10, 2009)
  • “Illinois Employment Law Update,” Employer Resource Institute, Chicago, Illinois (October 1, 2008)
  • “Understanding GINA – The Genetic Information Nondiscrimination Act of 2008,” Seyfarth Shaw Webinar (June 24, 2008)
  • "Assessing The Illinois Whistleblower Act’s Impact On Common Law Whistleblower Claims,” Chicago Bar Association, Labor and Employment Law Committee, Chicago, Illinois (December 12, 2007)
  • "ADA and FMLA Interactions,” Illinois Institute for Continuing Legal Education Seminar, Disability Law Today, Springfield, Illinois (October 24, 2007)
  • "Understanding the Bermuda Triangle:  The Americans with Disabilities Act, the Family and Medical Leave Act and the Pregnancy Discrimination Act,” EEOC’s Technical Assistance Program, Lincolnshire, Illinois (June 13, 2007)
  • "Understanding the ‘Impact’ of Smith v. City of Jackson,” 2007 Joint Conference of the American Society on Aging and National Counsel on Aging, Chicago, Illinois (March 10, 2007)

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.

 

Publications

  • "Countdown of Key Whistleblower Decisions," Financial Executive (March 2012)
  • “Steps To Take Before The Whistle Blows,” The Corporate Board, Vol. XXXII, No. 191 (November 2011)
  • “Mutiny From The Bounty?  Dodd-Frank Incentivizes Employees To Be Whistleblowers,” Association of Financial Professionals (AFP) Exchange (September 2011)
  • “SEC’s Rules Implementing Dodd-Frank’s Bounty Provisions Provide Whistleblowers With A Dangerous Weapon,” Securities Regulation Law Journal (West), Vol. 39, No. 2 (Summer 2011)
  • “Whistleblower 3.0:  Nuts and bolts of Dodd-Frank’s whistleblower bounty provisions,” Compliance & Ethics Professional, Vol. 8, No. 4 (August 2011)
  • “Radical Changes in the Whistleblower World,” BNA Daily Labor Report, 127 DLR I-1 (July 1, 2011)
  • “Dodd-Frank’s SOX Whistleblower Protections Supercharge Compliance/Litigation Equation,” CCH Labor Law Reports, Insight, Issue 1691, No. 1032, Pt. 2 (January 26, 2011)
  • “Top 10 Whistleblower Cases of 2010,” Directorship.com (January 10, 2011)
  • “Dodd-Frank Strengthens Whistleblower Rights, Diminishes Employer Defenses,” Corporate Counsel (August 31, 2010)
  • “New Whistleblower Law An Employer's Adversary,” Forbes.com (July 28, 2010)
  • “Is The SOX Tide Turning?” Employment Law 360 (May 21, 2010), Securities Law 360 (May 21, 2010)
  • “Modern SOX Whistleblower Litigation In Illinois,” Employment Law 360 (February 9, 2010), Securities Law 360 (February 9, 2010)
  • “The Recovery Act’s Daunting Whistleblower Provisions,” Employment Law Strategist, Vol. 17, No. 6 (October 2009)
  • “Placing Deferred Associates In Public Interest Groups,” Employment Law 360 (September 8, 2009)
  • “Passing the Integrated Employer Test [In Sarbanes-Oxley Whistleblower Actions],” Employment Law 360 (September 1, 2009), Securities Law 360 (September 1, 2009)
  • Comments on behalf of Illinois Chamber of Commerce to EEOC’s Proposed Regulations to the Genetic Information Nondiscrimination Act of 2008, Regulatory Information No. 3046-AA84, Agency Dkt. No. EEOC-2009-0008-0001 (May 1, 2009)
  • “The Illinois Whistleblower Act’s Impact On Common Law Claims,” Illinois Bar Journal (February 2009)
  • Quoted in, “ADA Discrimination Lawsuits to Rise Dramatically, Lawyer Predicts,” HR.BLR.com (October 2, 2008)
  • “In Defense Of DOL's Interpretation Of [Sarbanes-Oxley] Section 806,” Employment Law 360 (September 15, 2008)
  • “Voluntary Versus Mandatory Wellness Programs – Weighing The Risks And Benefits,” Employment Law Strategist, Vol. 15, No. 8, (December 2007)
  • “Musical Chairs and Multiple Plaintiffs: Employment Discrimination Actions Where Multiple Plaintiffs Are Denied the Same Position,” Employee Relations Law Journal, Vol. 28, No. 4 (Spring 2003)

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.