- J.D., Indiana University, 1999, cum laude, Indiana Law Journal
- B.A., Hamilton College, 1994, with honors
- USCA - 7th Circuit
- Central District of Illinois
- Northern District of Illinois
- Northern District of Indiana
- Southern District of Indiana
- Western District of Texas
- Southern District of Texas
- 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 Ninth Circuit
Kevin Cloutier is a partner in the Labor and Employment Practice Group and Co-Team Leader of the Firm's Non-Compete and Trade Secrets Team. Mr. Cloutier is the hiring partner for the Firm's Chicago office, and he is a member of the Firm's Diversity and Inclusion Committee.
Areas of Practice
Mr. Cloutier’s national practice focuses on all areas of labor and employment law, with an emphasis on employment-related litigation and proactive counseling of management-side clients. He 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 multiple law-changing and precedent-setting federal appeals on behalf of his clients.
Mr. Cloutier has considerable experience in prosecuting and defending actions involving the enforcement of restrictive covenants and non-competes, as well as unfair competition, employee raiding, and trade secret claims. He has successfully enforced restrictive covenant, non-compete and trade secret claims on behalf of his clients in more than 20 states.
Mr. Cloutier’s litigation experience includes defending employers of all sizes in class and collective actions, multi-plaintiff, and single plaintiff cases, including statutory discrimination and harassment claims, wage and hour claims, whistle-blower actions, retaliatory discharge, white-collar criminal matters, traditional labor law, tort and contract claims, and ERISA benefits claims.
In addition to his litigation experience, Mr. Cloutier operates as a general employment counselor to his clients and regularly advises and coaches human resource professionals and other business executives on how to comply with various human resources and employment laws. He counsels his clients and presents frequent training sessions on such crucial employment issues as harassment prevention and investigation, restrictive covenant, trade secret and non-compete situations, wage payment and overtime FLSA compliance, conducting effective workplace investigations, union avoidance and awareness, FMLA and time-off issues, reductions-in-force, labor disputes and general human resources strategies.
Mr. Cloutier also conducts internal investigations for his clients and regularly prepares employment agreements, non-disclosure and confidentiality agreements, employee handbooks and human resources policies. Finally, he counsels clients on the employment-related aspects of mergers, acquisitions, and other corporate transactions. Mr. Cloutier’s client base is broad and geographically diverse and includes employers in construction services, security services, eBusiness, energy, private equity, transportation, financial services, retail, healthcare, pharmaceuticals, software development, insurance, and manufacturing.
- Illinois Super Lawyer, Super Lawyers, 2013-2017
- Best Lawyer in America, Best Lawyers, 2014-2017
- Rising Star, Illinois Super Lawyers, 2010-2012
Mr. Cloutier’s recent litigation experience includes the following:
- Obtaining multiple temporary restraining orders, preliminary injunctions, and permanent injunctions around the country on behalf of national security services firm
- Representing a national transpiration company in nationwide FLSA "off-the-clock" action, successfully compelling arbitrations and negotiating favorable settlement
- 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 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 international carrier in 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, 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
Mr. Cloutier has written articles on numerous employment-related topics.
- What Organizations Need to Know When Facing Conditional Certification Under Section 216(B) of the FLSA Thomas Reuters, August 2016
- Mr. Cloutier is co-author of “EPLI, Invasion of Privacy, and Identity Theft,” The John Liner Review, Vol. 19, No. 3, 21-35, Fall 2005 (with Cheryl Tama Oblander and Kristine Zeabart).
He also has previously published articles in the Employment Law Strategist.
Labor & Employment Law Blog Posts
- "New Guidance for HR Professionals Regarding Wage-Fixing and No-Poaching Agreements Highlights New Focus on Criminal Prosecutions and Raises New Concerns for Employer," December 5, 2016
- "Illinois Limits Non-Compete Agreements Yet Again," September 7, 2016
- "The Defend Trade Secrets Act – Coming to a Federal Court Near You," May 9, 2016
- "An In-Depth Analysis of the NLRB’s Decision to Permit Employees to Use Employer Email Systems for Union Organizing and Other Non-Work Purposes," December 12, 2014
- Sub Shop Settlement Shines Light on LawChicago Daily Law, December 8, 2016
- Cook County Record, October 4, 2016
- Mr. Cloutier has presented lectures at professional associations and seminars. Most recently, he delivered a speech on behalf of Lorman Education concerning 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.
- September 10, 2015
- Labor & Employment UpdateJune 25, 2015
- June 17, 2015
- Hosted by Law Bulletin SeminarsSeptember 17, 2014
- Hot Topics in Domestic & International Labor & Employment LawJune 21, 2013
- How the U.S. Presidential Election and the Current Economy Will Impact Labor and Employment Laws in 2013 and BeyondGrand Hyatt New York, November 15, 2012
- 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, Board of Directors, Mary Crane Center
- Member, Board of Directors, Daniel A. Cotter Boys and Girls Club of Chicago
- Member, Sports Lawyers Association
- Member, Canadian-American Bar Association