Employment law, class action litigation, and general commercial litigation are primary areas of expertise. Mr. Herbert's experience in litigation includes more than 100 days of trial experience and more than 300 depositions, as well as briefs and arguments in the federal and D.C. courts of appeals.
Mr. Herbert has handled hundreds of investigations of alleged harassment, discrimination, financial misconduct, and retaliation against alleged whistleblowers. A number of these investigations have involved computer forensics, in conjunction with IT experts.
Other areas of expertise include litigation and counseling concerning non-competition clauses and other restrictive covenants; negotiation of executive employment agreements; counseling multi-national employers concerning implementation of employment policies across national boundaries; statistical analyses in Title VII litigation and OFCCP audits; validation of employment tests; review of employee manuals; preparation and review of Affirmative Action Plans and defense of AAP's during government audits; advice concerning employee problems including discipline and termination; compliance with the Fair Labor Standards Act (minimum wage and overtime); defense of Sarbanes-Oxley claims; and compliance with all state and federal employment laws.
Mr. Herbert is semi-retired now, with his practice largely limited to workplace investigations. Previously, the firm’s practice encompassed representation of both employers and executives, a balance that Mr. Herbert believes gives a more complete appreciation of all aspects of employment law issues. The firm’s clients have included small and large for-profit corporations (including Fortune 500 corporations), trade associations, non-profit charitable and political organizations, and executives.