Jenny K. Cooper

Class Actions, Collective Actions, and Other Complex Litigation

• Obtained unanimous defense verdict on behalf of medical research organization in disability discrimination jury trial after obtaining summary judgment on counts alleging race and sex discrimination, and retaliation.
• Represented a solar energy company in defense to claims brought by former salespersons on behalf of themselves and a putative class, who alleged that they were not paid earned commissions at the termination of employment in violation of the Massachusetts Wage Act and the Fair Labor Standards Act.
• Represented an international education company in a wage and hour class action lawsuit brought by a former employee who alleged that the employee’s position was misclassified as exempt from the overtime provisions of the Massachusetts Minimum Fair Wage Law.
• Obtained dismissal, and summary judgment on remaining counts, on behalf of nonprofit medical research organization in actions alleging sex and race discrimination, violation of the Massachusetts Equal Pay Act, and breach of contract.
• Represented a private, Massachusetts-based college in a Fair Labor Standards Act case brought by multiple current employees, involving allegations of systemic improper overtime calculations resulting in unpaid wages.
• Obtained dismissal of discrimination and retaliation claims against Biotech start-up company.
• Represented global travel services company in multi-million dollar class action alleging misclassification of thousands of independent contractors.*
• Obtained dismissal of Sarbanes-Oxley whistleblower claim before the U.S. Department of Labor against international bank.*
• Obtained defense verdict in discrimination jury trial against international funeral services corporation.*

Disputes with Highly Compensated Executives

• Obtained dismissal for global medical equipment manufacturer in response to former executive’s claims for fraud, negligent misrepresentation, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, violation of the Massachusetts Wage Act, and ERISA interference.
• Represented international investment management firm in contract and wrongful termination dispute with former chief technology officer.*
• Represented large technology company in discrimination action brought by former executive in federal district court in Pennsylvania.*

Trade Secrets, Non-Competes and Unfair Competition 

• Successfully defended a health care company executive against a breach of contract claim advanced by his former employer based on an alleged violation of the executive’s non-competition agreement.
• Represented an online clothing retailer and its executive in restrictive covenant and trade secret litigation against a multinational technology company’s subsidiary in both California and Washington.
• Represented a private equity firm’s portfolio company in a restrictive covenant dispute with a former CEO of a dental laboratory.
• Represented a global strategic advisory and consulting firm and three of its executives in an action challenging the enforceability of restrictive covenants in state court in California with millions of dollars at issue.
• Advised multiple companies in connection with preparing and integrating restrictive covenants into existing workforce, and incorporating other measures for protection of proprietary information.
• Represented national insurance company in Florida state court in an action to enforce non-competition and other restrictive covenants against former employees and new employer. Claims included breach of contract, violation of the covenant of good faith and fair dealing, theft of trade secrets, and tortious interference as to former employees and new employer.*
• Represented large software development company in enforcement of restrictive covenants and theft of trade secrets claims against former executives.*

Internal Investigations/Workplace Equity

• Represented an independent preparatory school in connection with investigations into, and responses to, allegations of sexual misconduct.
• Advised a large nonprofit research organization with respect to its code of conduct and oversaw the processing of requests for the review (and dis-affiliation) of members’ affiliation with the organization based on allegations of sexual misconduct.
• Advising multiple scholarship funds/foundations in connection with their collection and use of demographic information in efforts to expand diversity of candidates and awardees.
• Conducted an independent risk assessment of the anti-discrimination and diversity, equity, and inclusion policies and practices, including the internal complaint investigation and resolution procedures, of a major national news media company, following multiple allegations of racially hostile statements and actions. 
• Led broad-based equity analysis for large public insurance company, including analysis of compensation, hiring, advancement/promotion, retention, and representation of racial minorities, women, and older workers throughout the management ranks of the organization.
• Represented a youth sports enterprise in connection with the investigation of internal complaints of sexual misconduct and harassment and retaliation, and in a subsequently filed charge before the New Hampshire Commission for Human Rights, alleging sex discrimination, harassment, and retaliation.
• Oversaw broad-based equity assessment for large biomedical research institution, including pay equity, representation, and promotion rate analyses across the institution.
• Investigated chief human resources officer of public agency in response to allegations of discrimination, harassment and retaliation.*
• Investigated allegations of hazing at municipal police training academy.*
• Investigated allegations of sexual harassment and assault at large technology company.*

Whistleblower Litigation

• Represented a medical practice in litigation with terminated physician alleging violations of the Florida State Whistleblower’s Act as well as unlawful retaliation under federal law.
• Represented a major health care products and medical device company in two separate actions brought by former employees alleging that they were terminated in retaliation for bringing concerns about various practices to the federal government, or for refusing to participate in such retaliation.
• Represented a hospital and a medical center in the U.S. District Court for the Southern District of New York in litigation alleging claims of retaliation in violation of the federal and state False Claims Acts and the New York Labor Code.  In connection with the litigation, also partnered with in-house counsel to coordinate and advise upon union arbitration proceedings involving similar claims by the physician. Represented a medical practice in litigation with terminated physician alleging violations of the Florida State Whistleblower’s Act as well as unlawful retaliation under federal law.

Agency Investigations

• Obtained lack of probable cause finding for biotechnology company in response to charge alleging age, race, and national origin discrimination.
• Represented a New York-based cooperative of independently owned super markets in an appeal of an administrative law judge’s decision holding that it violated the National Labor Relations Act.
• Represented major retailer in New Hampshire Department of Labor wage and hour and employment practices audit.*
• Represented national mortgage company in OSHA investigation and prosecution of Sarbanes-Oxley whistleblower retaliation claim.*
• Represented national security services company in an Attorney General wage and hour investigation involving several thousand applicant trainees.*

*Handled prior to joining Ropes & Gray