Affiliations

• American Bar Association (Committee Section on Railway Labor Act)

Representative Engagements

• Waters v. Furnco Construction, 13 FEP Cases 1020 (N.D. Ill. 1975), aff’d in part, 551 F.2d 1085 (7th Cir. 1977), judgment rev’d., 438 U.S. 567 (1978) (successful defense of racial discrimination claim and favorable Supreme Court decision)
• Doe and Smith v. Mutual of Omaha Insurance Company, 179 F.3d 557 (7th Cir. 1999) (successful representation of insurance company in case alleging violation of Americans with Disabilities Act for imposition of caps on insurance coverage of AIDS)
• Nelson, et al. v. Astra Merck Inc., 98-CV-1283 (E.D. Pa. 1998) (denial of class certification in race and sex discrimination suit alleging promotion, pay, discipline and other disparities)
• U.S. Department of Energy and U.S. Department of Labor v. Kerr Glass Manufacturing Corporation, 77-OFCCP-4 (successful negotiation of favorable settlement following 122 days of trial in sex discrimination case)
• William D. Mitchell and Frank A. Lutz v. Merck & Co., Inc., Civ. No. 94 1267 (W.D. Pa. 1997) (favorable jury verdict dismissing five count employment law suit following two-week jury trial)
• ALPA v. United Air Lines, 614 F.Supp. 1020 (N.D. Ill. 1985), aff’d in part, rev’d in part, 802 F.2d 886 (7th Cir. 1986), cert. denied, 480 U.S. 946 (1987) (co-trial counsel in two week trial concerning 1985 pilots strike); see also 616 F.Supp. 849 (N.D. Ill. 1985)
• Kaiser Aluminum and Chemical Company, 32 CA-1704 (2000-01) (represented employer in eight-week National Labor Relations Board trial alleging unlawful lockout)
• Sewell v. Black Butte Coal Co., 963 F.2d 382 (10th Cir. 1992) (overturning $400,000 judgment in breach of handbook case after replacing trial counsel)
• Hunt v. Black Butte Coal Co., 91-CV-0263B (D. Wyo. 1992) (obtained dismissal and summary judgment in 12-plaintiff breach of handbook case)
• Local 777, Democratic Union Organizing Committee, Seafarers Inter. Union of North America, AFL CIO v. N.L.R.B., 603 F.2d 862 (D.C. Cir. 1978) (successful appellate argument regarding independent contractor status of cab drivers under National Labor Relations Act)

Representative Involvement in Strike Situations and Collective Bargaining

• American Sugar Company (1971-77): Was principal outside counsel regarding all labor matters, including negotiations for five refineries.
• E&J Gallo Winery (1973-78): Represented Company through lengthy dispute with United Farm Workers.
• United Airlines (1985): Was principal outside counsel for United Airlines during pilots strike; involved in significant outside litigation and counseling regarding strike.
• Kemmerer Bottling Group Inc. (1987-88): Negotiated approximately a dozen Teamster contracts in Wisconsin, Illinois and Indiana obtaining significant concessionary agreements without a strike.
• Decker Coal Company (1991): Represented Company after extensive unfair labor practice strike with United Mine Workers. At time of representation, NLRB had charged Company with extensive unfair labor practices, and the parties were without a collective bargaining contract. Was able to obtain favorable collective bargaining agreement from union and settlement of all unfair labor practices.
• Kaiser Aluminum (2000-01): Represented Company during six-week unfair labor practice hearing following lengthy strike and lockout.
• Cintas (2004-present): Successfully represented Company in unfair labor practice hearing and counsel Company concerning corporate campaign.
• Goodyear Tire & Rubber Co. (1990’s – present): Principal outside architect of Company achieving continuous operations at Union City; consulted with Company regarding numerous labor relations and negotiations matters; principal outside labor counsel concerning neutrality agreement following 2003 negotiations.

Accolades

• Listed in Who’s Who Legal: The International Who’s Who of Business Lawyers ("Joel Kaplan was the most highly nominated lawyer in Illinois . . . .")
• Listed in Who’s Who Legal: Illinois 2006 ("Joel Kaplan attracted the highest number of votes for the firm" . . . "a seasoned and skilled litigator and consummate professional whose experience in complex employment cases was consistently noted.")
• Listed in Chambers USA (2006) ("Joel Kaplan, who is ‘one of the heavyweights’ in Illinois, mixes with ease traditional labor work and employment litigation . . . .")
• Listed in The Legal 500 (2007) (“Joel Kaplan . . . has extensive experience in traditional labour, as well as employment litigation . . . .[His] ‘wisdom’ is much valued by clients, as is his ‘excellent responsiveness.’ . . .  ‘a top-notch guy to have in the trenches’.”)
• Listed in Chambers USA (2007) in Band 1 (“One of the finest labor and employment lawyers in the country . . ..”)
• Listed in Chambers USA (2008) in Band 1 (“’A brilliant lawyer’ . . . he has an outstanding reputation for defense work . . . .”)
• Listed in Illinois Leading Lawyers
• Listed in The Best Lawyers in America
• Listed in Corporate Counsel Magazine, The Best Lawyers in America, Labor & Employment
• Listed in America’s Leading Lawyers for Business
• Listed in Business Ledger as one of Top Business Employment Lawyers
• Listed in Illinois Super Lawyers
• Listed in Who’s Who In American Law
• Listed in Guide to the World’s Leading Labour and Employment Lawyers
• VIP Member in the Continental Who’s Who Registry of National Business Leaders