Lynne Anne Anderson

Partner

Overview

Lynne Anne Anderson’s down-to-earth manner and top-notch skills in and out of the courtroom have earned her the implicit trust of clients. With a reputation for understanding client concerns and needs, she counsels employers on the ever-expanding maze of labor and employment laws and tenaciously represents their interests during litigation. She is an experienced jury and bench trial lawyer with a track record of success in whistleblower/retaliation cases, discrimination claims and restrictive covenant disputes.

Whistleblowing and Retaliation

Lynne litigates whistleblower and retaliation claims involving senior executives and clients’ core businesses. She has achieved successful outcomes at trial, in motions practice and in arbitrations. Lynne also facilitates thorough internal investigations and remedial measures to address allegations related to employment practices, and she helps clients implement policies and training to limit future claims.

Representative Experience

  • Obtaining voluntary dismissal of a compliance officer’s whistleblowing claim that a company submitted fraudulent data to the FDA in an NDA. The claims were filed in federal court and widely reported in the media, triggering a sharp drop in share value. The allegations also resulted in FDA and SEC investigations. The matter was moved to arbitration. After the first week of the arbitration hearing, the plaintiff agreed to voluntarily dismiss the lawsuit without any monetary payment, and to issue a public statement that the company did not engage in any wrongdoing.
  • Defeating claims of whistleblowing asserted against a hospital, it’s CEO and the director of its largest division. The claims involved allegations of improper patient care. After a five week trial, the jury returned a “no-cause” verdict on all claims.
  • Obtaining summary judgment dismissal of claims of wrongful termination in retaliation for taking FMLA leave and filing a workers’ compensation claim.

Gender and Pay Equity

As leader of the firm’s gender and pay equity team, Lynne helps multistate clients comply with emerging equal pay laws. Lynne has conducted company-wide and department-focused pay audits, working with human resources, legal and information technology personnel, as well as economic leaders, to identify pay disparities and their root causes, recommend options for documenting applicable defenses, and craft appropriate remedial measures. Lynne has also received a no-cause jury verdict in a federal Equal Pay Act trial brought by a senior executive.

Restrictive Covenants

When a company’s confidential information and business relationships are threatened, Lynne litigates claims of theft of these key assets by senior executives and salespeople. She also helps companies protect information by implementing restrictive covenant agreements and protocols to limit claim exposure during hiring.

Representative Experience

  • Successfully obtaining global restraints against a former head of marketing and his new employer based on claims of theft of confidential information, breach of a non-solicitation agreement and tortious interference. After expedited discovery, the matter settled at the preliminary injunction hearing. The executive was restrained from working for his new employer for six months, and from participating in key trade shows for one year, among other relief.
  • Negotiating the pre-litigation release of all restrictive covenants of a partner exiting a large accounting firm to start a competing business.

Restructuring

When companies’ business needs change, Lynne counsels on all aspects of restructuring, including:

  • Voluntary and involuntary separation policies/plans
  • Selection criteria
  • Disparate impact analysis
  • Separation agreements
  • Worker Adjustment and Retraining Notification Act (WARN) compliance
  • Talking points and Q&As as well as post reduction in force (RIF) communications with remaining workforce

Strategic Counseling, Training and Investigations

Lynne’s litigation background provides the insight to effectively counsel clients who are dealing with frontline employee issues. She helps implement policies and protocols to limit litigation. Lynne approaches each situation with sensitivity to the impact on the individuals involved and on the business operations. She also provides workforce and executive training on various topics, including respect in the workplace/prevention of harassment, performance management, conducting effective investigations and overview of U.S. employment laws. She also conducts investigations of complaints involving senior executives.

Representative Matters

  • Defending single- and multi-plaintiff discrimination and retaliation cases resolved through favorable early settlements, dispositive motions, arbitration or trial
  • Defending national and statewide wage and hour class/collective actions alleging multiple wage and hour claims (unpaid regular and overtime wages, off-the-clock work, noncompliant meal and rest periods, and untimely payment of final wages)
  • Leading national and state audits regarding wage and hour compliance including: classification of independent contractors and exempt/non-exempt workers; analysis of bonus and other incentive compensation programs to insure compliance with wage and hour laws; and timekeeping procedures
  • Conducting sensitive investigations in response to internal complaints of discrimination and retaliation involving senior executives
  • Defending charges of discrimination filed with the EEOC, state and local agencies
  • Conducting audits of all HR forms, protocols, handbooks/policies and agreements to insure coordination and compliance with applicable laws including recently enacted legislation
  • Providing interactive training that covers topics such as: “Respect in the Workplace”; ADA/FMLA/WC compliance; conducting effective internal investigations; appropriate use of emails; recruiting and interviewing protocols; and compliance with new legal developments

Credentials

Bar Admissions

New Jersey

Court Admissions

U.S. Court of Appeals, Third Circuit
U.S. District Court, District of New Jersey
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York

Education

Rutgers University School of Law - Camden
J.D. Rutgers Law Journal (1988)

Mount Holyoke College
B.A. (1985)

Insights & Events

Leadership & Community

Pro Bono

  • New Jersey Law & Education Empowerment Project (NJ LEEP) — Board of Directors (Past Chair)

Professional Associations

  • Academy of New Jersey Management Attorneys (ANJMA)
  • American Bar Association — Labor & Employment Section
  • American Employment Law Council
  • American Health Lawyers Association
  • BioNJ — Human Resources Committee
  • Diversity Law Institute
  • Morris County Bar Association — Employment & Labor Committee
  • National Association of Women Lawyers — Past Planning Committee member
  • New Jersey CFO Leadership Council Steering Committee – New Jersey Chapter
  • New Jersey State Bar Association — Employment and Labor Section
  • New Jersey State Bar Foundation — Co-sponsorship Oversight Committee 2011-20
  • New Jersey Women Lawyers Association — Past President and Executive Committee
  • Trial Law Institute

Civic Activities

  • Somerset Hills YMCA — Swim Team Parent Organization 2010-17

Firm Leadership

  • Drinker Biddle & Reath LLP — Chair, Labor & Employment Group, Gender and Pay Equity Team; Co-chair, Women’s Leadership Steering Committee

Honors

  • Chambers USA — Band 2, Labor & Employment, 2009-19
  • Best Lawyers — Employment Law – Management, Litigation – Labor & Employment, 2020
  • American Lawyer, Corporate Counsel — Top Rated Lawyer in Health Care, 2013
  • New Jersey Women Lawyers Association — Women’s Initiative and Leadership Platinum Award, 2009
  • Litigation Counsel of America — Senior Fellow

Awards Methodology

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