- J.D., Indiana University, 1999, cum laude, Indiana Law Journal
- B.A., Hamilton College, 1994, with honors
- 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 Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
Kevin Cloutier is a partner in the Labor and Employment and Business Trials Practice Groups and 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 and business litigation, with an emphasis on high-stakes employment-related litigation and proactive counseling of management-side clients. Recognized by his peers as one of the leading lawyers in Illinois and nationally, Mr. Cloutier has received numerous accolades. Mr. Cloutier 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 represented clients in more than 25 states.
Mr. Cloutier is widely recognized as one of the leading unfair competition, "non-compete" and trade secrets lawyers in the country and has considerable experience in prosecuting and defending actions involving the enforcement of restrictive covenants and non-competes, deceptive trade practices, the Lanham Act, unfair competition and employee raiding claims. He frequently represents corporate clients in high-stakes business to business trade secret and antitrust (Lanham Act) claims. He has successfully enforced restrictive covenant, non-compete, deceptive trade practices and trade secret claims on behalf of his clients in more than 20 states. Mr. Cloutier and his team brought one of the first lawsuits invoking the federal Defend Trade Secrets Act in 2016. Mr. Cloutier also assists clients with partnership dissolutions, deceptive trade practices, and business “break-ups”.
Mr. Cloutier also manages a wide range of class and collective actions, related to all forms of wage and hour disputes, including overtime and independent contractor issues. He regularly designs and then leads creative and successful defense strategies for complex class and collective actions. Most recently, he defeated conditional certification of an “off-the-clock” claim in federal court in Florida, gutting a collective of over 80,000 class members.
Mr. Cloutier's litigation experience also 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, antitrust, deceptive trade practices, retaliatory discharge, white-collar criminal matters, traditional labor law, employee privacy, tort and contract claims, and ERISA benefits claims.
In addition to his litigation experience, Mr. Cloutier operates as a general employment and trade practices 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, independent contractor classification, restrictive covenant, trade secret and non-compete situations, trade practices, unfair competition wage, payment and overtime FLSA compliance, employee privacy and biometrics, 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 regularly conducts internal investigations for his clients and often 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 also assists his multinational clients, primarily Canadian-based entities, in their cross-border labor and employment issues in the United States. He partners with his multinational clients on strategic planning, compliance, global movement of employees and employee compensation and benefits issues. In addition, Mr. Cloutier has established strong relationships with local counsel in many countries and frequently partners with foreign counsel to assist his clients.
Mr. Cloutier's client base is broad and geographically diverse and includes employers in construction services, transportation, food and beverage, security services, eBusiness, energy, private equity, logistics, financial services, retail, healthcare, pharmaceuticals, software development, insurance, and manufacturing.
Mr. Cloutier has a similar commitment to his pro bono clients 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.
- Labor and Employment Star - Midwest, Benchmark Litigation, 2019
- Illinois Super Lawyer, Super Lawyers, 2013-2018
- Best Lawyer in America, Best Lawyers, 2014-2019
- 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 in non-compete, unfair competition, deceptive trade practices, and trade secrets cases 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 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 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, 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
- Tips on How to Allege and Establish Trade Secret Misappropriation at a Preliminary Injunction HearingIP Litigator, December 2017
- More Legal Employment Traps to Avoid When Expanding South of the Border (Part 2)The Lawyer's Daily, July 20, 2017
- Legal Employment Traps to Avoid When Expanding South of the Border (Part 1)The Lawyer’s Daily, July 10, 2017
- Lexis Practice Advisor, May 11, 2017
- Engaging in Discovery on Behalf of Plaintiffs in Trade Secret Misappropriation and Breach of Restrictive Covenant ActionsLexis Practice Advisor, May 2017
- Noncompete Agreements as Varied as number of States, CourtsChicago Daily Law Bulletin, May 4, 2017
Mr. Cloutier has written articles on numerous employment-related topics.
- "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
- 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
- "Lessons Learned: Tips on How to Allege and Argue Trade Secret Misappropriation at a Preliminary Injunction Hearing," August 30, 2017
- "For Your Consideration: Recent State-to-State Developments on Sufficient Consideration for Employee Non-Compete Agreements," March 27, 2017
- "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 Bulletin, December 8, 2016
- Cook County Record, October 4, 2016
- 7 Important Noncompete Rulings From The 1st Half Of 2015Law360, July 16, 2015
- Noncompete Ruling Means Headaches For Ill. EmployersLaw360, August 1, 2013
- 6 Tips To Maximize Noncompetes' EnforceabilityLaw360, July 26, 2013
- 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 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.
- Sheppard Mullin Chicago, November 28, 2018
- Spring 2017May 23, 2017
- Sheppard Mullin ChicagoMay 18, 2017
- 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, United States Soccer Federation (Licensed U.S. Soccer Coach)
- Member, Board of Directors, FC-1 Soccer Club
- 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