Overview

Kevin Cloutier is the Co-Managing Partner of Sheppard Mullin. He serves on the firm’s Executive Committee, Diversity and Inclusion Committee and was a founding partner of the firm’s Chicago office. Kevin’s leadership roles have also included serving on the firm’s Compensation Committee, co-leader of the Trade Secrets practice and Chicago office recruiting chair. 

As a member of the firm's management team, Kevin focuses on the operation and growth of the firm’s practice groups, offices and industry teams. He also has significant responsibility for the firm’s lateral partner recruiting efforts.

Before moving into management roles at the firm, Kevin’s national practice focused on all areas of labor and employment law and business litigation, with an emphasis on high-stakes, employment-related litigation and proactive investigations and counseling for management-side clients. Kevin is an experienced trial lawyer with first-chair trial experience before state and federal trial and appellate courts all over the country, arbitrators, FINRA, the National Labor Relations Board, and administrative agencies. He has successfully argued and won multiple law-changing and precedent-setting federal appeals and has represented clients in more than 25 states. He has consistently been recognized by his peers as one of the leading lawyers in Illinois and nationally (Illinois Super Lawyers and Best Lawyers in America) and has been named a Labor and Employment Star by Benchmark Litigation. The American Lawyer has twice named Kevin a “Litigator of the Week.” Crain’s Chicago Business recently recognized Kevin as a Notable Leader in Employment & Labor Law.

In addition to his client work, Kevin is actively involved in pro bono efforts and has successfully represented several prisoner and of-need clients in important federal court litigation. He also regularly counsels non-profit social services agencies on a wide range of employment matters.

Experience

Experience

Recent Litigation Matters

  • Obtaining reversal and mandated judgment for a national carrier client in an appeal before the Eighth Circuit in an employee raiding, non-compete, and tortious interference case
  • Obtaining multiple temporary restraining orders, preliminary injunctions and permanent injunctions in non-compete, unfair competition, deceptive trade practices and trade secrets cases around the country on behalf of national security services firm
  • Obtained temporary restraining order and preliminary injunction in a trade secret and non-solicit case in Texas
  • Representing a national transportation company in nationwide FLSA "off-the-clock" action, successfully compelling arbitrations and negotiating favorable settlement
  • Successfully defending against and defeating conditional certification in a nationwide FLSA “off-the-clock” action
  • Successfully representing an international pharmaceutical company in a multi-million dollar stock option breach of contract action and obtaining summary judgment in favor of client
  • Successfully representing a geospatial solutions provider in trade secrets misappropriation case in Oregon State and obtaining temporary restraining order sidelining departing employees and preventing misappropriation
  • Representing an international carrier in a retaliatory discharge case in federal court, obtaining summary judgment in district court and successfully arguing appeal before the Seventh Circuit that resolved in favor of employers a critical and unsettled question of law regarding the proper standards for retaliatory discharge cases under Illinois law when litigated in federal courts
  • Successfully representing an international carrier in a series of FLSA misclassification arbitrations
  • Successfully representing a pro bono client in a Seventh Circuit discrimination action
  • Representing an international construction services firm in a FLSA collective action and state law class action alleging misclassification of employee FLSA exemptions for overtime purposes and failure to pay overtime
  • Successfully representing an international pharmaceutical company in False Claims Act “whistleblower” action and obtaining summary judgment in favor of client
  • Successfully representing an international architectural services outsourcing firm in multi-day arbitration against former executive for severance claim
  • Representing a hedge fund and a newly hired employee in Illinois state court in a “non-compete” and employee non-solicitation case, successfully overcoming the former employer’s motion for a temporary restraining order and prevailing in arbitration before FINRA
  • Successfully representing a private equity client and a portfolio company’s board of directors in a commercial arbitration breach of contract case against a former executive of the portfolio company
  • Successfully representing a pro bono client before the Seventh Circuit Court of Appeals in a Section 2255 motion to vacate a judgment
  • Representing a national healthcare company in federal court in a “non-compete” and trade secret case, which resulted in a temporary restraining order against a former employee and a competitor
  • Representing a national software development company in Alabama state court in a non-compete and employee raiding case, which resulted in a temporary restraining order and preliminary injunction against former employees and competitor
  • Representing a national manufacturing company in South Carolina state court in an unfair competition, deceptive trade practices, trade secret and employee raiding case, which resulted in a preliminary injunction in favor of client against a former employee and competitor
  • Representing a healthcare employer in a labor discharge arbitration, which resulted in an award denying the employee’s grievance and affirming the client’s discharge decision based on “just cause”
  • Representing a national manufacturing client in a retaliatory discharge case in Illinois state court and obtaining a dismissal on summary judgment
  • Representing a national healthcare employer in a breach of contract and fraud case in Illinois state court and obtaining a dismissal based on ERISA preemption
  • Representing a national health and pharmaceutical research company in a disability (ADA) discrimination and denial of benefits (ERISA) case in federal court and obtaining a dismissal on summary judgment
  • Representing an international financial services fund in commercial arbitration case involving enforceability of restrictive covenants, bonus compensation eligibility and forfeiture of deferred compensation benefits, which resulted in an award in favor of the employer and dismissal of the employee’s claims after a full evidentiary hearing

Honors

Honors

Labor and Employment Leader, Crain's Chicago Business, 2023

Labor and Employment Star, Benchmark Litigation, 2018-2023

Illinois Super Lawyer, Super Lawyers, 2013-2023

Best Lawyer in America, Best Lawyers, 2014-2024

Rising Star, Illinois Super Lawyers, 2010-2012

Insights

Articles

  • "Engaging in Discovery on Behalf of Plaintiffs in Trade Secret Misappropriation and Breach of Restrictive Covenant Actions," Lexis Practice Advisor, January 27, 2017
  • "What Organizations Need to Know When Facing Conditional Certification Under Section 216(B) of the FLSA," Thomas Reuters, August 2016
  • Co-Author with C.T. Oblander and K. Zeabart, “EPLI, Invasion of Privacy, and Identity Theft,” The John Liner Review, Vol. 19, No. 3, 21-35, Fall 2005
  • He also has previously published articles in the Employment Law Strategist

Corporate & Securities Law Blog Posts

Labor and Employment Law Blog Posts

Trade Secrets Law Blog Posts

Media Mentions

Speaking Engagements

  • Kevin is often invited to present at professional associations and industry seminars. He has presented a number of seminars on the interplay of the American with Disabilities Act, the Family and Medical Leave Act and Workers’ Compensation laws. In addition, he recently delivered a presentation regarding employment issues facing private equity firms and their portfolio companies and common employment issues arising in corporate transactions. He has also presented on employee (mis)classification issues under wage and hour laws and on emerging issues in trade secrets laws and noncompetes.

Events

Memberships

Memberships

Member, Society for Human Resources Management (SHRM)

Member, Labor and Employment Section and the International Law Section, American Bar Association

Member, Houston Bar Association

Member, Chicago Bar Association

Member, U.S. Soccer Federation (Licensed U.S. Soccer Coach)

Member, Sports Lawyers Association

Member, Canadian-American Bar Association

Digital Media

Education

J.D., Indiana University, 1999, cum laude, Indiana Law Journal

B.A., Hamilton College, 1994, with honors

Admissions

  • Indiana
  • Illinois
  • Michigan
  • Texas
  • Wisconsin 
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
Jump to Page

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.