Bridget R. Penick

Bridget is a leading litigator whose practice focuses on employment law. Bridget regularly drafts and litigates restrictive covenants, including noncompetition and nonsolicitation agreements.

Bridget represents employers of all sizes in various state and federal courts and administrative agencies. She drafts and counsels employers in human resources policies and procedures, employment discrimination, Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), wage & hour, National Labor Relations Act (NLRA) issues and union avoidance. She also assists employers with employment-related immigration issues.

• Klossner v. Impact MHC Management, LLC, No. 21-3544 (8th Cir. 2023) (cert pending). Successful federal appeal under the Fair Housing Amendments Act of 1988, in which the Eighth Circuit held that the district court erred in ordering the landlord to accept plaintiff's housing choice voucher, reasoning that while the statute requires a landlord to make reasonable accommodations that directly ameliorate the handicap of a tenant, that duty does not extend to accommodating a tenant's lack of income by accepting a government housing voucher the landlord would otherwise not accept from a low-income tenant.
• Paskert v. Kemna-ASA Auto Plaza Inc., 2020 WL 7132262 (Sup. Ct. 2020). US Supreme Court denied plaintiff’s petition for writ of certiorari, thus leaving in place the Eighth’s Circuit decision 950 F.3d 535 (8th Cir. 2020) affirming summary judgment in favor of the employer on claims of sex discrimination, sexual harassment, and retaliation.
• Haskenhoff v. Homeland Energy Solutions, Case No. LACV003210 (Iowa District Court for Chickasaw County) (2019). Joined trial team for two-week retrial of sexual harassment suit on remand from Iowa Supreme Court; resulting in jury verdict for plaintiff in an amount significantly less than first trial’s verdict in 2014.
• Pierce Street Same Day Surgery, L.C. v. Dr. Adam Smith et al., Case No. LACV178878 (Iowa District Court for Woodbury County) (2018-19). Obtained temporary injunction against physicians prohibiting them from further violating their restrictive covenants; part of a trial team that obtained a more than $1.6 million verdict in a business dispute involving breach of restrictive covenants.
• Karen A. Coss v. Briggs Healthcare d/b/a D-M-S- Holdings, Inc., Case: 1:15-cv-06654 (U.S. District Court for Northern District of Illinois Nov. 21, 2018). Won summary judgment for employer in case alleging sex discrimination and sexual harassment.
• Katecho, Inc. and Surmasis Pharmaceuticals, Inc. v. .Continental Manufacturing Chemist, Inc., et al., Case No. 4:18-cv-00314 (U.S. District Court for Southern District of Iowa Oct. 16, 2018). Obtained preliminary injunction against three former employees prohibiting them from further violating their restrictive covenants.
• Prairie Pediatrics & Adolescent Clinic, P.C. vs. Dr. Tina Smith & Tri-State Specialists, LLP, Case No.: LACV177912 (Iowa District Court for Woodbury County Dec. 22, 2017). Obtained temporary injunction against pediatrician and her new clinic prohibiting her from further violating her noncompetition agreement.
• Sommese v. American Bank & Trust, 859 N.W.2d 672 (Iowa Ct. App. 2015). Obtained judgment for mortgage loan originator accused of violating his noncompete agreement and awarded nearly $1 million in unpaid commissions.
• American Bank & Trust Co., NA v. Leyden, 2013 WL 6405161 (Iowa Ct. App. 2013). Defended bank and mortgage loan officers in noncompete case.
• SCS Property Management, LLC v. Vokes, 836 N.W.2d 152 (Iowa Ct. App. 2013)
• S&A Farms, Inc., v. Farms.com, Inc., 678 F.3d 949 (8th Cir. 2012)
• Davis v. TPI Composites, Inc., 2011 WL 3706560 (S.D. Iowa 2011)
• Gibler v. Rosenman’s, Inc., 798 N.W.2d 737 (Iowa Ct. App. 2011)
• Ajuoga v. Adventure Lands of America, Inc., 791 N.W.2d 427 (Iowa Ct. App. 2010). Successfully obtained summary judgment for employer on pregnancy discrimination claim.
• Groves v. Cost Planning and Management, Inc., 372 F.3d 1008 (8th Cir. 2004). Successfully obtained summary judgment for employer on pregnancy discrimination claim.
• Van Arkel v. Warren County, 365 F.Supp.2d 979 (S.D. Iowa 2005). Successfully obtained summary judgment for defendant on age discrimination, gender discrimination, breach of contract and Iowa Wage Payment Collection Law claims.
• Libel v. Adventure Lands of America, Inc., 482 F.3d 1028 (8th Cir. 2007). Successfully obtained summary judgment for employer on ADA and ERISA claims.
• Henthorn v. Capitol Communications, Inc., 359 F.3d 1021 (8th Cir. 2004). Successfully represented individual defendant in sexual harassment claim.
• In Re Archer Daniels Midland Co., 333 NLRB 673 (2001). Successfully represented employer in bargaining unit clarification case.
• McQuiston v. Great Plains Protein, (2010). Tried pregnancy discrimination case to jury verdict in favor of employer.
• Ruby v. Webster County, Webster County Civil Service Commission (2008). Successfully defended Webster County sheriff in multiday Civil Service Commission hearing.
• Argued age discrimination, sexual harassment and pregnancy discrimination cases before the U.S. Court of Appeals for the Eighth Circuit and obtained decisions affirming awards of summary judgment for employers.
• Perfect record in guiding employers in combating union organizing campaigns.
• Obtained NLRB dismissal of unfair labor practice charges.
• Files numerous H-1b petitions and labor certifications annually with USCIS.
• Katsar v. Pioneer Hi-Bred Int’l, Inc., (S.D. Iowa 2006). Tried disability discrimination, harassment and retaliation case to federal jury verdict in favor of employer.

Education

• University of Iowa College of Law, J.D., 1998, with high distinction
• Central College, B.A., 1995, magna cum laude

Admissions

• Illinois, 1998
• Iowa, 2002
• Nebraska, 2016
• U.S. Court of Appeals for the Eighth Circuit, 2002
• U.S. District Court for the Northern District of Illinois, 1998 (Trial Bar 2015)
• U.S. District Court for the Southern District of Iowa, 2002
• U.S. District Court for the Northern District of Iowa, 2002
• U.S. District Court for the Western District of Wisconsin, 2016
• U.S. Supreme Court, 2020

• Fellow, Iowa Academy of Trial Lawyers
• Lawyer of the Year in Des Moines for Employment Law-Management, Best Lawyers, 2022-2024
• Best Lawyers in America, Immigration Law, 2010-2024; Employment Law-Management, 2013-2024; Labor Law-Management, 2013-2024; Litigation-Labor and Employment, 2013-2024
• Great Plains Super Lawyers, Employment & Labor, 2016-2023
• Chambers USA: America’s Leading Lawyers for Business, Iowa—Labor & Employment, 2008-present
• Chambers USA: America’s Leading Lawyers for Business, Iowa—Labor & Employment: Immigration, 2010-2013, 2015-2021
• Martindale-Hubbell AV Preeminent® Peer Review Rated
• Lawyer of the Year in Des Moines  for Labor Law-Management, Best Lawyers, 2019
• Great Plains Super Lawyers Rising Star, 2013
• Central College Alumni Award for Personal, Civic and Professional Integrity and Accomplishment, 2012
• Participant/Honoree, American Bar Association Labor and Employment Law Section Leadership Development Program, 2011
• Young Lawyers Division Award of Merit Recipient, Iowa State Bar Association, 2011
• 40 Under 40, Des Moines Business Record, 2009

Professional Activities

• Iowa State Bar Association, Member, Ways and Means Committee, 2022-present
• ABA Labor & Employment Section’s Federal Labor Standards Legislation Committee, Management Co-Chair, FMLA Subcommittee, December 2021-Present (previously Committee Fellow 2008-2009, Committee member 2010-present)
• United States District Court for the Southern District of Iowa, Merit Selection Panel, 2020-2021
• Polk County Bar Association, Past-President, Board of Directors, (previously President, President-Elect, Vice President, Secretary and Director)
• Iowa State Bar Association Board of Governors, District 5C Representative, 2017-2023
• Iowa State Bar Association, Member, Annual Meeting Committee, 2011-present
• Iowa State Bar Association, Council Member, Section of Labor & Employment, 2004-present
• Iowa State Bar Association, Vice Chair, Continuing Legal Education Committee, 2006-2010
• Iowa State Bar Association, President, Young Lawyers Division, 2007-2008
• Iowa State Bar Association, District 5C Representative to Executive Council, Young Lawyers Division, 2003-2005
• Iowa State Bar Association, Professional Development Committee Co-Chair, Young Lawyers Division, 2004-2005
• Iowa State Bar Association, Volunteer Mock Trial Judge
• American Bar Association, Member, Labor and Employment Law Section
• American Bar Association, Vice Chair, Young Lawyers Division Labor and Employment Law Committee, 2008-2009
• American Bar Association, Member, Litigation Section
• Iowa Supreme Court Grievance Commission, Member, 2006-2018
• Iowa Legal Aid Central Iowa Regional Office Advisory Council, 2014-present
• Litigation Counsel of America™, Charter Fellow
• Blackstone Inn of Court, Master of the Bench
• Polk County Women Attorneys, Member
• Iowa Law Review, Managing Editor, 1997-1998

Community

• Polk County Volunteer Lawyers Project, Volunteer Lawyer
• The Nutcracker Production, Ballet Des Moines, Volunteer
• Ballet Des Moines, Board of Directors, President, 2022-present; Board Member, 2014-present
• Girls Rock!DSM Board of Directors, Secretary, 2014-2021
• Woodland Creek Reserve Homeowners Association, Secretary, 2014-present