Enrique A. Lemus

Enrique Lemus focuses on representing companies in complex employment litigation and highly sensitive internal investigations. His litigation experience includes wage and hour class actions, discrimination cases, trade secret and restrictive covenant matters, and lawsuits that include claims under California's Private Attorneys General Act (PAGA). Additionally, Enrique advises clients on a variety of employment issues, including HR policies, hiring practices, employment agreements, and the enforceability of restrictive covenants. He also counsels clients on labor and employment issues that arise in mergers, acquisitions, and other business transactions.

In addition, Enrique has substantial experience conducting internal investigations and counseling clients on compliance-related issues. A native and fluent Spanish speaker, he has experience investigating and defending matters for companies with operations in several Latin American countries, including Mexico, Ecuador, Peru, Chile, Panama, Guatemala, and Venezuela. This work includes conducting internal investigations, assisting with the representation of companies before the Department of Justice (DOJ) and Securities and Exchange Commission (SEC), enhancing compliance programs, implementing anticorruption policies, and leading compliance training sessions. Enrique has worked on matters involving alleged employee misconduct, bribery, bid rigging, and procurement fraud in several industries, including oil and gas, construction, retail, and technology.

Enrique maintains a substantial pro bono practice. His experience includes representing asylum seekers and unaccompanied minors seeking special immigrant juvenile status and working with Lawyers Without Borders to research and advise on human rights issues in Latin America. He is a member of the National Employment Law Council and the Dallas Hispanic Bar Association and is the Firm's 2024 Leadership Council for Legal Diversity Fellow. Enrique is also a Barrister of The Honorable Patrick E. Higginbotham American Inn of Court.

Expérience

Representative Litigation Matters

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.

McDonald's victorious at trial against state-wide California class action wage and hour PAGA claimsJones Day prevailed in gutting the remaining part of a state-wide class and representative action under the California Labor Code Private Attorneys General Act filed against McDonald’s Corporation.

Walgreens successfully enjoins state court suitable seating PAGA representative actionOn June 22, 2017, Jones Day obtained a significant victory for its client, Walgreen Co., in a state court suitable seating PAGA representative action, prevailing on a motion to enjoin the entire action, and to enforce a settlement agreement against the named plaintiff.

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."

McDonald’s defeats attempt to expand class actionOn February 15, 2017, Jones Day and client McDonald’s Corporation successfully blocked plaintiffs’ attempt to certify three new theories of liability in a statewide wage and hour class action.

McDonald’s defeats class certification and PAGA claims in statewide California class action wage and hour caseIn a series of wins, Jones Day client McDonald’s Corporation defeated class action and PAGA claims brought against the company in a California-wide wage and hour lawsuit.

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.

International pharmaceutical company successfully resolves wage and hour class actionJones Day successfully resolved a broad and complex wage and hour class action and Private Attorneys General Act claim filed against an international pharmaceutical company.

Telecommunications company prevails in bidding dispute with local school district over E-Rate contractIn addition to providing frequent regulatory advice and assistance obtaining and responding to Freedom of Information Act requests on behalf of a telecommunications company, Jones Day defended the enforcement of a federally-funded E-Rate contract which had been improperly re-awarded to another bidder.

Representative Internal Investigations

Large public energy company conducts investigation into payments made to third parties in MexicoOn behalf of a large public energy company, Jones Day led an investigation into certain payments made to a third party consultant and evaluated the payments in light of applicable anti-corruption laws.

Large energy company conducts investigation relating to U.S. and Latin America procurement teamOn behalf of a large energy company, Jones Day led an investigation relating to the company's procurement team in the U.S. and Latin America.

Global technology company conducts internal investigation into allegations of fraud and corruption in South AmericaJones Day represented a publicly-traded global technology company in an internal investigation into allegations of fraud, corruption, and employee misconduct in South America.

Energy company seeks advice on anticorruption investigation, compliance, and transactional due diligence matters relating to operations in Latin AmericaJones Day represents a Fortune 500 U.S. energy company on anticorruption investigation, compliance, and transactional due diligence matters relating to its operations in Latin America.

Large energy company conducts FCPA due diligenceOn behalf of a large energy company, Jones Day conducted anti-corruption due diligence in relation to a multi-billion energy project in Latin America and evaluated applicable laws and disclosure issues.

U.S. life science and healthcare company conducts investigation into allegations of fraud and product safety issuesJones Day, on behalf of a U.S. life science and healthcare company, conducted an investigation into allegations of fraud and product safety issues and advised on related compliance policies and procedures.

Representative Deals and Transactions

MassMutual provides $130 million revolving credit facility to SPV, managed by leading global investment firmJones Day represented Massachusetts Mutual Life Insurance Company, as lead lender, in connection with a $130 million revolving credit facility provided to a special purpose vehicle under the management of a leading global investment firm.

Sumitovant Biopharma acquires remaining stake in Urovant SciencesJones Day advised Sumitovant Biopharma in its acquisition of all of the outstanding shares of Urovant Sciences Ltd. not already owned by Sumitovant at a price of $16.25 per share in cash.

OVHcloud acquires EXTEN Technologies, Inc.Jones Day advised OVHcloud, a global cloud leader and the largest European cloud provider, in its acquisition of technology and certain assets of EXTEN Technologies, Inc., a U.S.-based storage software company specializing in NVMe over Fabrics.

Sumitomo Dainippon Pharma acquires late stage biopharma companies and forms alliance with Roivant Sciences Ltd. worth $3 billionJones Day advised Sumitomo Dainippon Pharma Co., Ltd. ("Sumitomo") in an acquisition of late stage biopharma companies and formation of alliance with Roivant Sciences Ltd.

Chevron buys Pasadena Refining System for $350 million from Petrobras America Inc.Jones Day advised Chevron U.S.A. Inc., a wholly-owned subsidiary of Chevron Corporation, in its purchase of all of the equity interests of Pasadena Refining System Inc. ("PRSI") and PRSI Trading, LLC from Petrobras America Inc. for $350 million, subject to adjustments for working capital.

USG acquired by Gebr. Knauf for $7 billionJones Day advised USG Corporation in the acquisition by Gebr. Knauf KG ("Knauf") of all of the outstanding shares of USG in a transaction valued at $7 billion.

Signature Funeral and Cemetery Investments acquired by Park Lawn Corporation for $123 millionJones Day advised Signature Funeral and Cemetery Investments, LLC ("Signature Group") in its $123 million sale of all of its outstanding membership interests to PLC Signature Ltd., an affiliate of Park Lawn Corporation.

Riverside acquires Parker ProductsJones Day represented The Riverside Company in connection with the acquisition and related financing of Parker Products, an industry-leading manufacturer of custom food and beverage ingredients.

Baird Capital acquires R2i HoldingsJones Day represented Baird Capital in connection with the acquisition and related financing of R2i Holdings, LLC, a leading independent agency which delivers technology driven multi-channel digital marketing solutions primarily to clients in the United States.

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Family and Medical Leave Act (FMLA) Litigation Defense Strategies, Practical Guidance

Supreme Court: Filing an EEOC Charge Is Not a Jurisdictional Requirement

Enrique A. Lemus

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