Brian M.Jorgensen

Partner

Dallas + 1.214.969.3741

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Brian Jorgensen dedicates his practice to representing employers in a broad range of high-stakes, complex litigation matters with a focus on class actions. His experience is particularly deep in wage and hour litigation, where he has had repeated success in defeating class and/or collective certification, as well as securing dismissal through motions attacking the legal sufficiency or merits of claims. Brian also has extensive experience defending individual and multiplaintiff cases involving employment discrimination, Employee Retirement Income Security Act (ERISA), and whistleblower claims as well as trade secret and restrictive covenant matters.

In addition to his litigation responsibilities, Brian advises clients on a variety of employment issues, including compliance with the patchwork of federal, state, and local employment laws; HR policies; employment agreements; employee leave and attendance issues; restrictive covenants; and reductions in force. He regularly assists with wage/hour audits and compliance. He also provides guidance on, and leads, internal investigations of employee complaints, including discrimination, sexual harassment, and Sarbanes-Oxley whistleblower complaints.

Brian serves as the administrative partner for the Dallas Office and is a member of the Labor & Employment sections of the Texas State Bar Association and the Dallas Bar Association.

Experience

  • BenefitMall sells company to Truist Insurance Holdings, Inc.Jones Day represented BenefitMall, a Carlyle portfolio company, in connection with the sale to CRC Insurance Services, Inc., a subsidiary of Truist Financial Corporation.
  • BenefitMall acquires Mutual MedJones Day advised BenefitMall, the largest health benefits general agent in the U.S., in its acquisition of Mutual Med, a Davenport, Iowa-based insurance general agency providing sales counseling and support for insurance brokers primarily in rural markets and with an emphasis on small group business.
  • Fortune 1000 company wins age discrimination jury trialJones Day successfully represented a Fortune 1000 company in an age discrimination jury trial in the Eastern District of Texas.
  • Freight railroads obtain injunction requiring conductors' union to bargainJones Day has secured a permanent injunction on behalf of the nation's major freight railroads against the International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division ("SMART-TD"), requiring the union to immediately begin bargaining with the railroads over train crew staffing.
  • Crestline Direct Finance provides $125 million senior secured term loan to subscription based online retailerJones Day advised Crestline Direct Finance, as administrative agent, collateral agent, and sole lead arranger, in connection with a $125 million senior secured term loan facility provided to a subscription based online retailer.
  • Enable Midstream Partners acquires Align Midstream, LLC for $300 millionJones Day advised Enable Midstream Partners, LP, an owner, operator, and developer of strategically located natural gas and crude oil infrastructure assets, in connection with its $300 million acquisition of Align Midstream, LLC from Tailwater Capital.
  • Multinational corporation undergoes internal and government investigation into alleged violations of immigration law and False Claims ActJones Day conducted an internal investigation and defended a government investigation into alleged violations of immigration law and the False Claims Act at a multinational corporation.
  • Verizon obtains California Court of Appeal affirmation of trial court decision denying class certification in AirTouch Cellular store manager misclassification caseOn July 28, 2017, the California Court of Appeal affirmed the trial court's ruling denying class certification in a store manager misclassification case filed against Jones Day client AirTouch Cellular dba Verizon Wireless, Inc.
  • OGE wins summary judgment in wage-hour lawsuit concerning "on-call" timeJones Day won summary judgment for its client, Oklahoma Gas & Electric ("OGE"), in an FLSA wage-hour litigation matter in which five former area service linemen claimed that OGE violated the FLSA by failing to compensate them for time spent "on-call."
  • Global technology and outsourcing company undergoes internal investigationJones Day conducted an internal investigation into alleged employment discrimination, retaliation, and code of conduct issues at a global technology and outsourcing company.
  • Kraft Heinz obtains Eighth Circuit affirmation of defeat of race discrimination and sexual harassment suitJones Day successfully defeated a race discrimination and sexual harassment lawsuit on behalf of Kraft Heinz Foods Company.
  • Health care services company successfully resolves FCA retaliation suitJones Day represented a health care services company in a suit brought by a former employee asserting claims of retaliation for allegedly investigating and reporting violations of the False Claims Act by the company.
  • Bridgestone attempts $947 million all-cash tender offer for Pep BoysJones Day represented Bridgestone Americas, Inc. in its proposed acquisition, through its wholly owned subsidiary Bridgestone Retail Operations, LLC ("BSRO"), of The Pep Boys - Manny, Moe & Jack, in an all-cash tender offer of $947 million.
  • Air Medical Group Holdings obtains TRO in trade secret and non-solicitation matterJones Day successfully obtained a temporary restraining order for its client, Air Medical Group Holdings, Inc. and affiliated companies ("AMGH"), in two related lawsuits against three former employees and AMGH's competitor, Medical Air Services Association d/b/a MASA Assist ("MASA").
  • Verizon Wireless defeats class certification in Store Managers misclassification class actionsOn April 14, 2015, Judge Johnson, of the California Superior Court for the County of Los Angeles, agreed with Jones Day client AirTouch Cellular dba Verizon Wireless ("AirTouch") that class certification is inappropriate in two wage and hour misclassification class actions.
  • Dex Media successfully defeats application for TRO in "inevitable disclosure" and trade secret misappropriation lawsuit filed by competitorJones Day successfully defeated an application for a temporary restraining order for its client Dex Media, Inc. ("Dex Media") in a trade secret misappropriation and breach of contract case filed by hibu, Inc., a competitor of Dex Media.
  • U.S. Steel wins Supreme Court donning and doffing caseOn January 27, 2014, the U.S. Supreme Court unanimously upheld the Seventh Circuit Court of Appeals' decision in favor of Jones Day client U.S. Steel Corporation when it ruled that the time workers spent donning and doffing work clothes was not compensable.
  • Major hospital system renegotiates strategic relationship with academic institutionJones Day advised a major hospital system on the renegotiation of a strategic relationship with an academic institution, including corporate governance counseling on potential duties and potential litigation impact.
  • AirTouch Cellular decision affirmed by California Court of AppealsJones Day represented AirTouch Cellular, doing business as Verizon Wireless, in a wage and hour class action in which the plaintiff alleges that the company did not provide required meal and rest breaks for its California retail store employees, did not reimburse its California employees for all business-related mileage expenses, and did not reimburse its California employees for expenses associated with the business use of their concession phones.
  • Verizon Wireless obtains summary judgment in California wage and hour class actionJones Day represented AirTouch Cellular d/b/a Verizon Wireless in a putative class action alleging that it violates California's labor laws by taking chargebacks from the commissions paid to its retail sales employees.
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    December 2024 Commentary

    Court Rules DOL's ALJ Enforcement Scheme Likely Unconstitutional

    October 2024 Alert

    Employer Prevails in First Test of California's Newest Noncompete Law

    February 2023 Alert

    OFCCP Extends Deadline and Opens Door for New Objections to Disclosure of EEO-1 Data

    December 2021 Alert

    ESG and Moves to the Lone Star State

    December 2021 Reprint

    Jones Day Leads the Way in the EAJ Campaign (Dallas Bar Association Headnotes)

    September 2021 Commentary

    New Texas Law Expands Potential Liability for Sexual Harassment

    MARCH 2021 Commentary

    Fifth Circuit Requires "Rigorous Scrutiny" Before District Courts Authorize Notice in FLSA Collective Actions

    August 2020 Alert

    DOL Steadies Fluctuating Workweek Rule

    May 2020 White Paper

    Avoiding Pandemic-Related Employment Litigation and Disputes

    November 2019 Commentary

    Daily Registration of Employee Working Time in the European Union: Practical Recommendations for Employers
    View All

    Additional Speaking Engagements

    • May 21, 2020
      Return-to-Work Issues for Employers Webinar — Texas
    • March 29, 2017
      Breakfast Series: Labor & Employment Hot Topics
    • March 28, 2017
      Breakfast Series: Labor & Employment Hot Topics
    • January 26 - 27, 2017
      2017 Airline and Railway Labor and Employment Roundtable
    • September 28, 2016
      CLE, Preparing to File a Lawsuit in Texas State and Federal Court
    • March 31, 2016
      Identifying, Preventing and Defending Off the Clock Claims
    • March 30, 2016
      The Directors Roundtable World Recognition of Distinguished General Counsel: Honoree, James Savina, General Counsel of Kraft Heinz
    • February 27, 2015
      2015 Speaker Series: Drilling Down: Wage and Hour Claims in the Energy Industry
    • October 28, 2014
      OFCCP Webinar
    • October 28, 2014
      Expanding Federal Contractor Employment Obligations: President Obama's Recent Executive Orders and New OFCCP Requirements
    • October 20, 2014
      Wage & Hour Update: Recent Trends in Wage and Hour Litigation and Enforcement, Dallas Bar Association, Labor & Employment Section
    • October 16, 2013
      Expanding Obligations: What Federal Contractors Need to Know About the OFCCP's New Policy Directions
    • October 20, 2011
      Jones Day Dallas MCLE University, "Twitterpation: Social Media in the Workplace"
    • October 20, 2011
      Jones Day Dallas CLE University
    • August 15, 2011
      Tax Implications and Practical Impacts of Damages in Employment Cases
    • March 23, 2011
      Fair Labor Standards Act in Texas: Compensable Time - Regular and Overtime
    • October 20, 2010
      Big Budgets and Aggressive Agendas: The Impact of Increased Regulation on Employers, Jones Day Dallas MCLE University
    • October 2010
      Jones Day MCLE University - Dallas
    • October 15, 2010
      CEO Netweavers, Navigating the Wage-Hour Maze in a Litigation Happy Environment
    • March 16, 2010
      Wage and Hour Compliance: Key Issues Affecting the Hospitality Industry, 2010 Hospitality Labor & Employment Discussion Group
    • November 4, 2009
      2009-2010 Federal Legislative and Regulatory Briefing
    • April 7. 2009
      Law and Policy Review
    • January 16, 2009
      Negotiating the Jungle of Employment Law, Entrepreneurial Development Series, Legal Issues for the Entrepreneur
    • August 26, 2008
      Noncompetition Agreements and Trade Secret Protection in Today's Environment
    • March 18, 2008
      Employment Law Training
    • August 28, 2007
      Employment Law Training

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