Introduction
Joe Sokolowski is a shareholder of Fredrikson & Byron. He is a litigator with 26 years of experience in defending employment litigation for employers in federal and state courts. Joe also represents employers before local, state, and federal administrative agencies. He advises management on all aspects of their employment practices and provides employment law training on a variety of employment topics. Joe defends employers in collective/class action litigation involving state and Federal (FLSA) wage and hour claims across the country. Joe also represents individuals and organizations in business tort litigation involving non-compete agreements, trade secrets, and confidential information, as well as antitrust and trade regulation matters.
Joe has obtained jury verdicts of “zero” in defending companies with over 1 billion dollars in assets and obtains summary judgment regularly in dismissing plaintiff employment claims in the state and federal courts. Joe has helped employers gain no probable cause findings in hundreds of discrimination charges before administrative agencies and has represented many clients in resolving litigation through alternative dispute resolution.
Joe developed his strong work ethic working and paying his way through high school, college, and law school, with the following odd, and not so odd jobs: paper boy, janitor, gas station attendant, highway worker, steel company laborer, Alaskan fish processor, assembly line worker, journalist, and law clerk.
Education
- William Mitchell College of Law, J.D., 1986
- St. John’s University, B.A., 1980
Bar Admissions
- Minnesota, 1986
- Minnesota Supreme Court, 1986
- Federal District Court, District of Minnesota, 1986
- Eighth Circuit Court of Appeals, 1986
Practice Areas
Representative Experience
FLSA Collective/Class Actions
- Nerland et al. v. Caribou Coffee Co., Federal District Court (MN) – defended international coffee retailer in store manager exemption FLSA collective/class action.
- Kalish et al. v. High-Tech Institute, Federal District Court (MN) – defended national career college in instructor classification FLSA collective/class action.
- Pallansch et al. v. Nations CareLink LLC, Federal District Court (MN) – defended national health screening company in off the clock/on call FLSA collective action.
- Hale et al. v. ABRA Autobody and Glass, Federal District Court (MN) – defended national auto repair company in FLSA collective/class action exemption case.
- Ahle et al. v. Veracity Research Co., Federal District Court (MN) – defended national private investigation company in misclassification FLSA collective/class action.
- Thomas et al. v. Cascade Mortgage Co., Federal District Court (MN) – defended mortgage lender in minimum wage/overtime FLSA collective/class action case.
- White et al. v. Skyway Lounge, Inc., Federal District Court (MN) – defended nightclub in entertainer misclassification FLSA collective/class action case.
Noncompete, Trade Secret, Business Litigation
- Wells Fargo (Acordia of MN) v. Cobb Strecker, AAA Arbitration (Financial Services Industry) – arbitrated insurance broker’s solicitation of bond brokers resulting in significant award.
- Bell America Mortgage LLC v. Lakeland Mortgage et al., Hennepin County District Court (Financial Services Industry) – sued competitor in mortgage loan industry to enforce noncompete agreements resulting in significant monetary settlement.
- United Products Corporation v. Alcoa Home Exteriors, Minnesota Court of Appeals (Home Improvement Industry) – advised Alcoa on hiring of national competitor’s employee, defeated motions for injunctive relief, and sustained decisions on appeal.
- Vital Images v. Visage Imaging, Inc., et al., Federal District Court (MN) (Medical Device Industry) – obtained TRO to prevent competitor’s violation of noncompete agreement in medical imaging industry, resulting in permanent consent injunction.
- Hagen v. Burmeister, Minnesota Supreme Court (Insurance Industry) – sustained Appellate Court ruling of no liability for insurance company hiring of competitor’s employee.
- Arizant Healthcare Inc. et al. v. Gust, Federal District Court (MN) (Medical Device Industry) – obtained summary judgment dismissal of breach of noncompete and trade secret/confidential information claims against 80% market share competitor.
- Gallipot v. Independent Pharmacy Products, Anoka County District Court (Pharmaceutical Industry) – obtained TRO enjoining former employee and competitor from misappropriation of trade secrets and breach of noncompete agreement for pharmaceutical company.
- Network USA v. Network Professionals, Hennepin County District Court (Professional Networking Industry) – successfully tried noncompete litigation to defense verdict, dismissing all claims.
- National Insurance Broker – advised international insurance broker on noncompete contracts and business practices to establish producer offices.
Employment Litigation
- Matilla v. One Call Concepts, Federal District Court (OR) (Utility Location Industry) – obtained summary judgment dismissal of disability and sex discrimination claims.
- Wikstrom v. Reell Precision Mfg., Ramsey County District Court (Manufacturing Industry) – obtained directed verdict in jury trial and dismissal of all claims brought by former CEO for various discrimination, contract, and quasi contract claims.
- Stryker v. Wells Fargo (Acordia of MN), Hennepin County District Court (Financial Services Industry) – obtained dismissal of contract and quasi contract claims.
- Lutfey v. Porous Media (Pentair), Ramsey County District Court (Medical Device Industry) – obtained summary judgment dismissal of disability discrimination and equity claims.
- Walker v. Saks Fifth Avenue, Federal District Court (MN) – race discrimination case dismissed by plaintiff’s counsel after summary judgment.
- Thomas v. 3M, et al., Federal District Court (MN) (Manufacturing Industry) – obtained summary judgment dismissal of race discrimination claims.
- Peterson v. One Call Concepts; O’Brien v. One Call Concepts, Federal District Court (MN) (Utility Location Industry) – obtained summary judgment dismissal of FMLA claims in separate lawsuits.
- Edstrom v. Liberty Diversified Industries, Federal District Court (MN) (Manufacturing Industry) – obtained summary judgment dismissal of age discrimination claims.
- Marks v. CPU Options, Federal District Court (MN) (Computer Industry) – religious discrimination claims dismissed on summary judgment.
- Green v. Sports Restaurants, Hennepin County District Court – obtained summary judgment dismissal of sex harassment claims.
Commercial Litigation
- OAS v. Litton Systems, Hennepin County District Court (Home Appliance Industry) – obtained jury verdict of no liability for international home appliance manufacturer on warranty and related claims.
- Sun Patio v. Alcoa (Rio Algon), Wright County District Court (Aluminum Industry) – defended Alcoa and obtained jury verdict of “zero” on boat manufacturer’s contract and warranty claims and obtained recovery on Alcoa’s counterclaims.
Antitrust
- In Re Milk Products Litigation, Federal District Court (MN) and Minnesota Appellate Court – obtained Rule 12 dismissals for dairy producers in state and federal court for price fixing allegations under Sherman Act.
- Represented company before Department of Justice (Wash. DC) as part of antitrust investigation of General Mills/Pillsbury merger.
Selected Publications & Presentations
- “Arbitration Agreements and Class Action Waivers: An Answer to Wage and Hour Litigation Risk?,” FredNEWS: Employment & Labor, April 2012
- “The Latest Developments in Noncompete, Trade Secrets, and Confidential Information Law,” Fredrikson & Byron’s 27th Annual Employment & Labor Law Seminar, November 10, 2011
- “Noncompete Enforcement to Protect Your Company’s Valuable Assets,” and “Cutting Edge Developments in Wage and Hour Litigation,” Fredrikson & Byron’s 26th Annual Employment & Labor Law Seminar, October 7, 2010
- Speaker, “Implementing Legally Enforceable Non-Competition/Non-Solicitation Agreements,” Fredrikson & Byron’s Trade Secrets Seminar, April 8, 2010
- “Cutting Edge Developments in Wage and Hour Law,” Fredrikson & Byron’s 25th Annual Employment & Labor Law Seminar, October 8, 2009
- Speaker, Workforce Reductions and Other Cost Containment Practices: Legitimate Employer Belt-Tightening or Risky—and Expensive—Legal Traps?, April 29, 2009
- “How to Avoid Becoming a Wage and Hour Defendant” and “Are Employees Who Complain (or Whine) About Employer Practices Legally Protected,” Fredrikson & Byron’s 24th Annual Employment & Labor Law Seminar, October 30, 2008
- “Same-Sex Marriage Implications for Minnesota Employers,” FredNEWS: Employment & Labor, September 2008
- “Are You Vulnerable to a Tip-Pooling Claim?,” co-authored with Lindsay Sokolowski, FredNEWS: Employment & Labor, July 2008
- “Technology vs. Employee Privacy” and “Current Trends in Wage & Hour Compliance,” Fredrikson & Byron’s 23rd Annual Employment & Labor Law Seminar, October 11, 2007
- “Wage and Hour Violations: An Employer’s Single Greatest Uninsured Risk,” co-authored with Lindsay J. Sokolowski, Fredrikson & Byron’s Employment & Labor Focus Newsletter, May 2007
- Speaker, “Wage and Hour Collective Actions,” Fredrikson & Byron’s 22nd Annual Employment and Labor Law Seminar, October 5, 2006
- “Employment Practices Liability Insurance,” Prosource Educational Services
- “Anatomy of an Employment Lawsuit,” Prosource Educational Services
- “Sexual Harassment and other Workplace Indiscretions,” Prosource Educational Services
- “Taxation of Settlements and Verdicts in Employment Litigation,” Upper Midwest Employment Law Seminar
- “Ethical Issues in Employment Litigation,” Upper Midwest Employment Law Seminar
Professional Activities
- Served on the Board of Directors of Meritas (f/n/a Commercial Law Affiliates, world’s largest affiliation of A-V rated independent law firms), 1999-2002
- Chair of Meritas Labor and Employment Section, 1996-1999
- Member of the American Bar Association, Labor and Employment Law Section
- Member of the Minnesota State Bar Association, Member of the Hennepin Bar Association, Labor and Employment Law Section
- Volunteer Lawyer for Legal Access Point Clinic
Judicial Clerkship
- Honorable Robert G. Schiefelbein, Hennepin County District Court
Honors & Distinctions
- A-V rated by Martindale-Hubbell, since 1998
- Named a “Super Lawyer” (top 5% of all Minnesota Lawyers), in Employment Litigation every year since 1998
- Voted Top 40 Best Employment Lawyers in Minnesota by Minnesota Law and Politics
