D.C. Mayor's Signature Puts Modified Non-Compete Ban on Track for October 1st Effective Date

Matthew F. Nieman is a principal in the Washington, D.C. Region office of Jackson Lewis P.C. Matthew represents employers in a broad spectrum of labor and employment law matters, including discrimination, retaliation, wage and hour, whistleblower claims (including Dodd-Frank, the False Claims Act, and Sarbanes-Oxley), questions related to the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), and workplace drug-testing issues. He is actively involved in all phases of the litigation process on the full range of employment discrimination and employment-related tort and contract claims, including the representation of employers in actions before the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, and various state and local agencies. As part of his litigation practice, he has concluded many employment-related adversarial proceedings, including solo trials and multiple jury trial defense-verdicts. He has additionally drafted numerous successful dispositive and summary judgment motions in state and federal courts throughout the Mid-Atlantic region, including a summary judgment victory in the United States District for Maryland on a Sarbanes-Oxley claim. Matthew is a frequent writer on substance-abuse-prevention topics. He also speaks to and provides training to employer groups on various workplace-related topics, including sexual harassment, discrimination, substance-abuse prevention, and litigation avoidance. Prior to entering private practice, Matthew was in public service as an active-duty U.S. Army Judge Advocate (JAG) at Fort Benning, Georgia and at Camp Liberty, Baghdad, Iraq. During his service as an Army JAG, Matthew enjoyed unique opportunities to interact with state and local governments in both the criminal and civil arenas as well as to develop trial experience. These opportunities include two years as a prosecutor in both military and federal courts (concluding over 40 separate trials) and over a year of responsibility for handling all tort claims filed against Fort Benning, its hospital, and other Department of the Army personnel in a region covering large portions of Alabama, Georgia, and Florida. Tort claim issues covered include general negligence, medical malpractice, and the subrogation and collection of TRICARE expenses incurred by service members, retirees and their dependents in otherwise unrelated tort actions. Matthew received a commission as a Distinguished Military Graduate of the U.S. Army Reserve Officers’ Training Corps. He clerked for the Williamsburg/James City County, Virginia Commonwealth Attorney’s Office throughout law school.

Joseph E. Schuler is a principal in the Washington, D.C. Region office of Jackson Lewis P.C. He has litigated claims for breach of non-competition agreements, theft of trade secrets, and/or breach of the duty of loyalty in Maryland, Virginia, and the District of Columbia. Joseph recently represented a publicly-traded real estate trust in a breach of trade secrets action against a former employee and start-up competitor backed by a national real-estate firm, resulting in a settlement that provided the client with a mid-six figure recovery and a non-compete agreement. Joseph has guided companies through internal and external “whistleblower” investigations, and secured summary decisions in several claims litigated under the employee-protection provisions of the Sarbanes-Oxley Act. Joseph’s cases also include PADCO Advisors v. Omdahl, 179 F. Supp. 2d 600 (D. Md. 2002), in which he represented a former employee of a highly specialized mutual fund who left to work for one of two competitors nationwide, in alleged violation of a non-compete agreement specifically targeted at those two competitors, successfully defending against application of the "inevitable disclosure” doctrine under Maryland law and securing an order that permitted the employee to continue employment with his new employer subject to not soliciting former clients.

Caroline H. Cheng is an associate in the Washington, D.C. Region office of Jackson Lewis P.C. Her practice focuses on providing preventive advice and counsel, as well as representing employers in workplace law matters. In her counseling practice, Caroline strives to provide practical business advice based on best practices. She regularly advises clients on a broad range of matters arising under federal, state, and local laws, including policy design and drafting, employment contracts, restrictive covenants, employee requests for accommodations and leaves, performance management and employee discipline, wage and hour compliance, employee benefits, and terminations. Caroline also provides preventive training to help employers reduce risk and avoid litigation. Caroline assists clients with sensitive workplace investigations. Examples include investigating allegations that a senior executive sexually harassed his subordinates, and investigating and assessing an organization’s compliance with federal, state, and local wage and hour laws. Before joining Jackson Lewis P.C., Caroline worked as in-house counsel for the National Basketball Association. There, her practice included providing advice and counsel on U.S. and cross-border employment and benefits matters, assisting with labor negotiations regarding players and referees, and managing immigration issues. Before that, Caroline worked for an international law firm, where she focused on defending employers in high-impact litigation matters and providing support regarding mergers and acquisitions. Honors and Recognitions The Best Lawyers in America©, "Ones to Watch" (2021-present) Published Works International Labor and Employment Laws, 5th ed., American Bar Association Section of Labor and Employment Law (2020) [Contributing Author]