People: Richard B. Lapp, Partner

Photo of Richard B. Lapp, Partner

Richard B. Lapp

Partner

Chicago
Direct: (312) 460-5914
Fax: (312) 460-7914
Los Angeles - Century City
Direct: (310) 210-1533
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Mr. Lapp is a partner in Seyfarth Shaw LLP’s Chicago and Century City offices.  While his practice centers on high-consequence litigation with particular emphasis on class and collective actions, Mr. Lapp’s unique combination of legal expertise, business acumen, and strategic focus has made him a trusted advisor to Fortune 500 companies in a variety of contexts, ranging from strategic counseling and policymaking to high-sensitivity boardroom investigations. An active litigator, Mr. Lapp’s practice currently extends across the nation, with recent victories secured in significant matters in California, Georgia, Illinois, Massachusetts, Michigan, and New York.   An experienced advocate for employers before state and federal courts and agencies, Mr. Lapp offers deep expertise in all areas of labor and employment law.
    
A cum laude graduate of the University of Wisconsin School of Law, Mr. Lapp previously clerked for the Hon. Daniel A. Manion on the United States Court of Appeals for the Seventh Circuit. Mr. Lapp is a contributing member of several Seyfarth Specialty Groups, including its Appellate Practice Team, Whistleblower Team, Employment Whistleblower Team, Fraud & Abuse, False Claims and Internal Investigations Team, and Corporate Internal Investigations Team.  In 2015 he was recognized by Best Lawyers in America and Legal 500 called him “truly outstanding.” One year prior, U.S. News recognized Mr. Lapp as a Best Lawyer in the area of Labor & Employment Litigation by US News and World Report, and he was selected for mention in the International Who’s Who of Business Lawyers. Mr. Lapp speaks and publishes on a variety of issues facing employers, and he has authored law review articles on significant labor issues in scholarly journals including The University of Wisconsin Law Review and The University of Pennsylvania Journal of Labor Law.

 

 

 
Mr. Lapp is a partner in Seyfarth Shaw LLP’s Chicago and Century City offices.  While his practice centers on high-consequence litigation with particular emphasis on class and collective actions, Mr. Lapp’s unique combination of legal expertise, business acumen, and strategic focus has made him a trusted advisor to Fortune 500 companies in a variety of contexts, ranging from strategic counseling and policymaking to high-sensitivity boardroom investigations. An active litigator, Mr. Lapp’s practice currently extends across the nation, with recent victories secured in significant matters in California, Georgia, Illinois, Massachusetts, Michigan, and New York.   An experienced advocate for employers before state and federal courts and agencies, Mr. Lapp offers deep expertise in all areas of labor and employment law.
    
A cum laude graduate of the University of Wisconsin School of Law, Mr. Lapp previously clerked for the Hon. Daniel A. Manion on the United States Court of Appeals for the Seventh Circuit. Mr. Lapp is a contributing member of several Seyfarth Specialty Groups, including its Appellate Practice Team, Whistleblower Team, Employment Whistleblower Team, Fraud & Abuse, False Claims and Internal Investigations Team, and Corporate Internal Investigations Team.  In 2015 he was recognized by Best Lawyers in America and Legal 500 called him “truly outstanding.” One year prior, U.S. News recognized Mr. Lapp as a Best Lawyer in the area of Labor & Employment Litigation by US News and World Report, and he was selected for mention in the International Who’s Who of Business Lawyers. Mr. Lapp speaks and publishes on a variety of issues facing employers, and he has authored law review articles on significant labor issues in scholarly journals including The University of Wisconsin Law Review and The University of Pennsylvania Journal of Labor Law.

 

 

Education

  • J.D., University of Wisconsin Law School (1985)
    cum laude
    Order of the Coif
    Deans Academic Achievement Award
    Law Review Member
    Am. Jur. Book Award
  • B.A., Michigan State University (1981)

Admissions

  • California
  • Illinois

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals for the First, Second, Seventh, Ninth, and Tenth Circuits
  • U.S. District Court for the Central, Northern, and Southern Districts of California
  • U.S. District Court for the Central and Northern Districts of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern and Western Districts of Michigan

Affiliations

  • American Bar Association (Labor and Employment, Dispute Resolution, Litigation (including the Committee on Class and Derivative Actions and Business Law Sections))
  • International Institute for Conflict Prevention & Resolution (Employment Disputes Committee, Arbitration Committee)
  • Chicago Bar Association
  • Seventh Circuit Bar Association
  • American Employment Law Council
  • United States Chamber of Commerce (Member, Labor Relations Committee)
  • Former Member of the Federalist Society

Representative Engagements

Class, Multiple Plaintiff and Collective Actions
  • Shestopal, et al. v. DHL Express, Inc. (class action alleging violations of the Telephone Consumer Protection Act)
  • Keles v. The Art of Shaving, et al. (class action alleging misclassification of store managers under administration exemption)
  • EEOC et al. v. DHL Express, Inc. (EEOC alleged a pattern and practice of racial harassment and discrimination)
  • Welch v. KND Development 55 LLC (Kindred Healthcare) (class action alleging misclassification under outside-sales and administrative exemptions)
  • Bello v. Procter & Gamble Distributing LLC (class action alleging unpaid wages, failure to provide meal and rest periods, failure to pay overtime, unreimbursed business expenses and unfair business practices)
  • Caldwell, et al. v. Continental Casualty Company, et al. (class action alleging multiple violations of California Labor Code and seeking civil penalties under the California Private Attorneys General Act)
  • Espejo, et al. v. San Diego Union-Tribune, et al. (class action alleging workers misclassified as independent contractors and multiple violations of California Labor Code)
  • Wal-Mart Stores, Inc. v. Dukes et al. (131 S. Ct. 2541 (2011)) (provided representation of the Society for Human Resource Management and HR Policy Association as amici curiae in U.S. Supreme Court on class certification)
  • Yvonne Dalton, et al. v. North County TImes, et al. (class action alleging workers misclassified as independent contractors and multiple violations of California Labor Code)
  • Davis, et al v. Exel, Inc. et al. (multi-plaintiff race, national origin, gender discrimination and retaliation case).
  • Veronica Becerra, et al. v. The McClatchy Company d/b/a The Fresno Bee (class action alleging workers misclassified as independent contractors and multiple violations of California Labor Code)
  • Richard Galindo, et al. v. The McClatchy Company d/b/a The Sacramento Bee (class action alleging workers misclassified as independent contractors and multiple violations of California Labor Code)
  • Danny E. Ruffin, et al. v. Exel Direct, Inc. (class action alleging workers misclassified as independent contractors and breach of contract claims)
  • John Ellis et al, v. DHL Express, et al. (class action alleging violation of federal  WARN Act)
  • Peter Bergman, et al. v. Kindred Healthcare, Inc., et al. (class action alleging failure to compensate for all hours worked based on alleged deduction policy)
  • Bobbie Cason, et al. v. Vibra Healthcare, et al. (class action alleging failure to compensate for all hours worked based on alleged deduction policy)
  • Allen, et al. v. Komatsu Dresser Company (age discrimination collective action)
  • Halvorson, et al. v. U.S. Komatsu (class action under ERISA )
  • EEOC v. McIntyre Group, Ltd. (EEOC/multiple plaintiff/claimant pattern and practice race discrimination claim)
  • EEOC v. Taylor Electric (EEOC and class action alleging sex discrimination under Title VII)
  • Xodus v. Wackenhut (religious discrimination suit under Title VII alleging disparate treatment)
  • Custom Search, Inc., et al. v. The Star Tribune Company (class action brought by advertisers alleging that defendant overstated its circulation figures and overcharged customers for its advertising)
  • Laureano, Jr. et al. v. The Art of Shaving (California class action alleging multiple labor code violations)
  • Mejia v. DHL (California class action alleging multiple labor code violations)
  • Martinez v. DHL (Nationwide class action under the Fair Labor Standards Act)
  • Rogers v. Kindred (California class action alleging multiple labor code violations)
  • Nelson v. Gannett (Rule 23 alleged class action covering Southeast United States; and single plaintiff wrongful termination claim)
Employment Litigation
  • Tank v. T-Mobile USA (race and national origin discrimination, hostile work environment, and retaliation)
  • Minion v. Exel, Inc. et al. (race, gender discrimination, sexual harassment, hostile work environment under Title VII and state law)
  • Cook and Sowell v. Aaron’s Inc. (sexual harassment, hostile work environment, sex discrimination under Title VII and state tort claims)
  • Xodus v. Wackenhut (religious discrimination suit under Title VII alleging disparate treatment)
  • McGirr v. Continental Casualty Company, et al. (defamation, negligent infliction of emotional distress, and tortious interference brought by high-ranking executive)
  • Boothe v. Aaron’s, Inc. and Clayton Lingelbach (sexual harassment, hostile work environment, sex discrimination, race discrimination and retaliation case)
  • Alford v. Aaron Rents, Inc. (sexual harassment)
  • Hewlett-Packard Co. v. Hurd, et al. (high profile resignation, violation of trade secret agreements)

Litigation

  • Hewlett-Packard v. Oracle Corporation (commercial litigation involving breach of contract claims of several billion dollars; unanimous jury returned a verdict for HP of $3.014 billion in damages)
Executive Arbitrations
  • Maclin v. Radio One (gender discrimination and retaliation, executive arbitration)
  • Dearborn Wire and Cable and Prusak (breach of contract, executive arbitration)
Labor Litigation
  • Lid Electric v. IBEW Local 134, Electrical Joint Arbitration Board (defense of motion to vacate arbitration award)
  • NLRB v. Landis Plastics (Section 10(j) injunction proceedings under the National Labor Relations Act)
  • NLRB v. Modern Drop Forge (Section 10(j) injunction proceeding under National Labor Relations Act)

Publications

  • “A Call for a Simpler Approach: Examining the NLRA’s 10(j) Standard,” 3 University of Pennsylvania Journal of Labor and Employment Law 251 (Winter 2001)
  • “Remedial Gap at the NLRB; the Demise of the Nonmajority Bargaining Order,” 1985 University of Wisconsin Law Review 1193