Philip K. Lem represents management in a multitude of labor and employment and business litigation matters. He regularly defends companies against wage and hour class actions, including those alleging misclassification of employees, meal and rest break issues, underpayment of overtime compensation, and wage statement inaccuracies. Phil also has substantial experience defending wrongful termination, discrimination, harassment, retaliation, and whistleblower claims by employees. In addition to his litigation practice, Phil assists management in the development of workplace practices and policies, counsels employers to ensure legal compliance, and drafts and updates employee handbooks and other personnel policies.
Recent representative matters include:
- Second-chaired five-day arbitration that resulted in a complete victory for the employer in disability discrimination, retaliation, and wrongful termination case brought by a marketing employee of a global electronics company.
- Obtained a “walk away” settlement for a medical transportation company after filing summary judgment motion.
- Obtained summary dismissal of all claims in age and race discrimination suit in arbitration filed by former employees of a plastics manufacturer.
Phil’s business litigation practice covers complex matters involving breach of contract, breach of fiduciary duty, unfair competition, and copyright and trademark infringement. He often handles claims involving employee mobility, including the alleged theft of trade secrets and the enforceability of agreements not to compete and/or solicit employees and customers. Before joining Payne & Fears LLP, Phil was an associate in a New York City firm where he represented major banks, financing companies, trustees, and secured lenders in commercial, bankruptcy, creditors' rights, and securities disputes in New York state and federal courts. He has defended numerous lender liability claims brought against secured lenders and often represented lenders in bankruptcy matters, including prosecuting preference, fraudulent conveyance, and unlawful dividends claims against a publicly traded corporation and its officers and directors on behalf of a creditor's committee.
While in law school, Phil was senior editor of the Georgetown International Environmental Law Review and interned in the Criminal Division of the Office of the Kansas Attorney General.