Lynne Anne Anderson

Partner Florham Park
lynne.anderson dbr.com
Phone: (973) 549-7140
Fax: (973) 360-9831

About

Lynne Anne Anderson is a practiced jury and bench trial lawyer who handles a wide range of employment litigation, including whistleblower cases, restrictive covenant disputes and wage and hour class/collective actions. Her litigation background gives her the insights necessary to effectively counsel clients who are dealing with frontline employee issues to effectuate a win-win resolution of workplace disputes, and to implement policies and protocols to limit litigation.

Whether providing strategic counseling on reductions in force, or drafting employment contracts and personnel policies, Lynne approaches each situation with sensitivity to the impact to the individuals involved, and on the business operations. Clients trust Lynne implicitly to counsel them through the ever-growing maze of labor and employment laws, and to tenaciously represent their interests in the event of litigation.

Colleagues confirm that Lynne talks “to” clients, not “at” them and puts herself in their shoes to make client concerns and needs her priority. In Chambers USA 2016, clients described Lynne as "wonderful to work with" and feel her "skills in the courtroom and out are magnificent."

Experience

Lynne routinely litigates whistleblower and retaliation claims, often involving senior executives and allegations regarding the client’s core business. She also works closely with companies to implement policies and training to limit such claims, to facilitate thorough and effective internal investigations and implement remedial measures if warranted. Representative matters include:

  • 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.

Lynne regularly litigates claims relating to theft of confidential information and interference with business relationships, typically involving the transition of senior executives and key sales people. She also works with companies to implement effective restrictive covenant agreements and protocols to protect company assets, as well as limit exposure for claims when hiring new employees. Representative matters include:

  • 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.

Lynne provides strategic counseling to clients implementing reductions in force either in response to changing business needs or as a result of post M&A restructuring. She works with clients to manage all aspects of the “before, during and after” phases of a workforce restructuring including: adoption of voluntary and involuntary separation policies/plans; selection criteria; disparate impact analysis; separation agreements including OWBPA disclosures; WARN compliance; Q&A documents; “talking point” scripts; and post-RIF communications with the remaining workforce.

Lynne also works closely with the firm’s M&A team on L&E due diligence, and negotiation of executive agreements.

Clients turn to Lynne for all aspects of the employment relationship. In addition to the above, recent representative engagements include:

  • 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.

Recognitions

Chambers USA, Band 2 – New Jersey, Labor & Employment (2009-2016)
Top Rated Lawyer in Healthcare, American Lawyer, Corporate Counsel (2013)
Women’s Initiative & Leadership Platinum Award, New Jersey Women Lawyers Association (2009)
Senior Fellow, Litigation Counsel of America
Member of the invitation-only American Employment Law Council (AELC)

Awards Methodology (www.drinkerbiddle.com/content/awards)

Impressed clients find Lynne Anne Anderson 'wonderful to work with' and feel her 'skills in the courtroom and out are magnificent.' She is frequently sought after for her experience in employment litigation involving retaliation, breach of contract and discrimination claims. She also counsels clients on internal investigations, audits and compliance issues.

Chambers USA (2016)

Lynne is described as ‘an unbelievable strong attorney with a fantastic demeanor,’ and as ‘responsive [and] down-to-earth—she will treat you like you’re her only client.’

Chambers USA

Credentials

Bar Admissions

  • New Jersey

Education

  • Rutgers University School of Law - Camden, J.D., 1988, Rutgers Law Journal
  • Mount Holyoke College, B.A., 1985

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

Organizations

  • American Bar Association, Labor & Employment Section
  • American Employment Law Council
  • American Health Lawyers Association
  • Diversity Law Institute
  • Litigation Counsel of America, Senior Fellow
  • Morris County Bar Association, Employment & Labor Committee
  • National Association of Women Lawyers (Past Planning Committee member)
  • New Jersey Law & Education Empowerment Project (NJ LEEP), Board of Directors, Chair
  • New Jersey State Bar Association, Employment and Labor Section
  • New Jersey State Bar Foundation, Co-sponsorship Committee (2011-2016)
  • New Jersey Women Lawyers Association (Past President and Executive Committee)
  • Trial Law Institute