Ian T. Clarke-Fisher

Associate

  • Overview

    Biography

    Ian Clarke-Fisher handles employment litigation matters and counsels clients on various employment issues, including wrongful termination, discrimination, sexual harassment, retaliation, noncompetition and confidentiality agreements, contracts, layoffs, and employee compensation. In addition to his employment practice, Mr. Clarke-Fisher also focuses on commercial litigation and early dispute resolution. He works with businesses on every aspect of a dispute; from litigation prevention strategies, workplace policy revisions, and best practices, to responding to administrative charges and court complaints, handling discovery, preparing for trial, and taking matters on appeal. He is a member of the firm’s Labor and Employment Group.

    Employment Litigation

    Mr. Clarke-Fisher regularly represents businesses in complex litigation, such as collective and class actions, and administrative proceedings, including claims before the Equal Employment Opportunity Commission and the New York State Division on Human Rights. His clients range from Fortune 500 companies, with national or global operations, to local employers.

    Mr. Clarke-Fisher has extensive experience handling employment-related claims, including allegations of retaliation, intentional infliction of emotional distress, invasion of privacy, and discrimination based on race, sex, and religion. He has achieved positive results for clients, including obtaining numerous dismissals on behalf of employers in actions based on allegations of wrongful termination and discrimination before state agencies and in the courts, together with appeals before the Second Circuit and New York Appellate Division.

    Mr. Clarke-Fisher’s practice also focuses on wage and hour claims, including those brought before departments of labor and in federal and state courts. He has handled Department of Labor investigations and federal collective actions, such as actions brought under the Fair Labor Standards Act. 

    Employment Counseling

    Mr. Clarke-Fisher also regularly counsels employers in all areas of employment law, including personnel policies and handbooks, wage and hour issues, employee discipline and discharge issues, disability and reasonable accommodation, reductions in force, unemployment, severance and separation agreements, employment and independent contractor agreements, confidentiality and non-compete agreements, and other employment agreements. In this regard, Mr. Clarke-Fisher regularly volunteers his legal services to non-profit organizations.

    Trade Secrets and Non-Competition

    Mr. Clarke-Fisher is particularly experienced in trade secret and non-compete claims, from handling pre-suit investigations to obtaining injunctions on behalf of employers. He handles claims of breach of contract, unfair competition, trade secrets, and tortious interference. He has successfully handled cases for employers and employees, including obtaining six-figure settlements, dismissals, restraining orders, injunctions, and numerous pre-suit settlements.

  • Experience
    • Experience

      Experience

        General Employment Litigation

      • Represented global chemical company from claims by a former internal auditor alleging race, sex, and religious discrimination; retaliation for complaining about discrimination; and intentional infliction of emotional distress, defamation, and invasion of privacy by false light. Successfully obtained dismissal of the plaintiff’s intentional infliction of emotional distress and false light invasion of privacy claims. Won summary judgment on all 12 remaining claims, and won request for reimbursement of discovery costs and an award of attorney's fees.

      • Represented national construction contractor from claims by a former employee alleging wrongful termination on the basis of race and sex. Required former employee, though counsel, to stipulate to a dismissal with prejudice during former employee’s deposition based upon former employee’s testimony.

      • Obtained numerous dismissals on behalf of employers in actions based upon allegations of wrongful termination and discrimination before the New York State Division of Human Rights and the Massachusetts Commission Against Discrimination.

      • Trade Secrets and Non-Competition

      • Represented rental company in prosecution of claims of breach of contract, unfair competition, and tortious interference against former employees and a major competitor resulting in injunction against the former employees enforcing their restrictive covenants, and eventually a six-figure monetary settlement payment from the competitor.

      • Obtained favorable outcome for client, a Global Vice President of a technology company, at preliminary injunction hearing, and ultimately a summary judgment victory, which the Second Circuit affirmed on appeal, in trade secrets, computer crimes and unfair trade practices dispute where client went to work for a competitor.

      • Obtained temporary restraining order and eventually a permanent injunction on behalf of a home health care provider against former employees and the former employees’ new employer.

      • Wage and Hour Litigation

      • Member of trial team in an Fair Labor Standards Act (FLSA) misclassification collective action in which we defended a chain of convenience stores against current and former store managers. Following three days of evidence, we reached a favorable settlement for less than 10 percent of the claimed damages.

      • Defended national construction company from claims from former employees in six related lawsuits. The first lawsuit was an FLSA hybrid collective action filed by five former employees claiming failure to pay overtime pay on behalf of themselves and a nationwide class of current and former employees. We successfully limited the plaintiffs from conducting nationwide discovery, saving significant expenses, and successfully dismissed all of the class action wage and hour claims. Although the Court allowed the plaintiffs to issue a class solicitation notice for misclassification claims, only one former employee opted into the collective action. We also successfully defended the company from five single-plaintiff lawsuits alleging discrimination and retaliation claims, breach of implied contract claims, equal pay claims, and wrongful termination claims. We filed motions to dismiss by which we dismissed two of the lawsuits in their entirety and limited the claims in the remaining three lawsuits. Having significantly reduced the scope of the plaintiffs' claims, we positioned the case for settlement, and after two mediations, we entered into a confidential global settlement of all claims.

    • Professional Associations

      Professional Associations

      American Bar Association

      New York State Bar Association

      Claims and Litigation Management Alliance (CLM)
    • Honors + Awards

      Honors + Awards

      Selected as a Rising Star to the 2017 New York Metro Super Lawyers list.

  • NEWS + PRESS
    • Publications

      Publications

      "Prelitigation Steps for Trade Secret and Noncompete Cases," published in Lexis Practice Advisor, co-authored with Matthew T. Miklave and Sandra Marin Lautier (9/27/2016)
      • » more info
      • View article

      "Employee Free Speech in Connecticut: The Unsettled Landscape of Connecticut General Statutes § 31-51q," published in Connecticut Lawyer, co-authored with Stephen W. Aronson (04/2013)

    • Presentations

      Presentations

      "Clearing the Smoke on Medical Marijuana in Employment," at the Claims and Litigation Management Alliance (CLM) Annual Conference in Orlando, Florida (4/7/2016)
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      "New York City and State Employment Law: Recent Developments," presented at Robinson+Cole's New York City office, co-presented with Matthew T. Miklave, Katherine C. Glynn and Laura A. Torchio (10/23/2014)
      • » more info

    • News

      R+C in the News

      • May 18, 2017

        Ian Clarke-Fisher to Represent Robinson+Cole in Mills & Reeve Secondment

        • » more info
      • October 14, 2016

        Robinson+Cole Lawyers Write Article for Lexis Practice Advisor

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      • April 15, 2016

        Ian Clarke-Fisher Presents at CLM 2016 Conference

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      • October 2, 2015

        Ian Clarke-Fisher Is Nominated for CLM Membership

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      • November 21, 2014

        New York Lawyers Present New Developments in New York City and State Employment Law

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      • October 28, 2013

        Hartford Lawyers Write Article for NYSBA Journal

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      • May 17, 2013

        Hartford Lawyers Write Article for Connecticut Lawyer

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      • March 5, 2013

        Steve Aronson and Ian Clarke-Fisher Write Article for Westlaw Journal

      R+C News Releases

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • May 31, 2012

        Robinson & Cole Expands Labor & Employment Practice with Addition of Three New Attorneys