Robert R. Duda, Jr.

Bar / Professional Activity

• Chicago Bar Association, Member: Labor and Employment Law Committee
• Chicago Bar Association, Labor and Employment Law Committee
• U. S. District Court, Northern District of Illinois Trial Bar
• U. S. District Court, Northern District of Illinois
• Illinois, 1999

Verdicts / Settlements (Case Results)

• Greater Divide, Inc. v. Lippe Taylor Group, LLC, 4:21-cv-137, E.D. Va., Obtained ruling in client's favor on Motion to Dismiss Complaint brought in misappropriation of trade secrets and breach of no-poach agreement case in the United States District Court for the Eastern District of Virginia., 2022
• Brithric Enters. v. Bay Equity LLC, No. 20-cv-04696 (N.D. Ill. Mar. 31, 2021). Defended company in alleged trademark infringement action and successfully defeated motion for preliminary injunction brought against company by competitor., 2021
• Anixter Inc. v. Pihl, Case No. 99-12556 (D. Mass.) (successful trial verdict with damages and injunctive relief on behalf of Fortune 500 company in the first employee pirating, breach of fiduciary duty and misappropriation of trade secrets case in the company's industry).
• Represented defendant corporation and employee in non-compete and trade secret misappropriation case and successfully defended and defeated two separate TRO motions brought against corporation and employee., 2020
• Ottley v. Anixter Inc., 2011 U.S. Dist. LEXIS 147763 (D. Kan.)(motion to dismiss granted in favor of employer in alleged sexual harassment and discrimination lawsuit, dismissing action in its entirety based on both procedural and substantive reasons).
• National Waste Services, Inc. v. HeartWise Express I, LLC, Case No. 02-M1-180448 (Cir. Ct. Cook County) (directed judgment for defendant at trial).

Videos

• Speaker and presenter, Non-Competes, Trade Secrets, Departing Employees and Raiding: Key Tips for In-House Counsel to Protect Your Company's Interests, 2018

Representative Clients

• Mr. Duda represents a diverse group of business clients, including: large international corporations and Global 500 companies, Fortune 500 companies, limited liability companies and partnerships, manufacturers, medium and small businesses, financial concerns, professional entities and other law firms.

Transactions

• Represented large international company in federal court action brought against competitor, who had hired large number of employees from client, in lawsuit for misappropriation of trade secrets, interference with customer relationships and employee poaching., 2017
• Successfully prepared and implemented rollout of restrictive covenant agreements to large corporate client’s sales force nationwide and internationally.
• Represented company in trademark infringement and unfair competition action against departing employees who started competing business.
• Within the last year, Mr. Duda represented a Fortune 50 company, one of the largest and oldest employers in Illinois, in a trade secrets misappropriation, breach of fiduciary duty and systematic employee pirating case brought on behalf of the company in the United States District Court for the Northern District of Illinois.
• Successfully defended company in New York federal court against departing employee’s complaint and emergency motion for declaratory judgment seeking to invalidate post-employment restrictive covenants and obtained consent judgment enforcing express terms of restrictions against departing employee., 2014
• Represented large international distributor in defense of pattern and practice age discrimination claims emanating from nationwide reduction-in-force.
• Represented Chicago restaurant group in manager’s breach of employment contract and workplace defamation action.
• Obtained successful trial verdict with damages and injunctive relief on behalf of Fortune 500 company in the first employee pirating, breach of fiduciary duty and misappropriation of trade secrets case in the company’s industry.
• Successfully defended senior executives and their new employers in threatened legal actions to enforce restrictive covenants resulting in avoidance of litigation and continued employment with new companies., 2016
• Investigated and defended employee whistleblowing complaints and claims of retaliation under the False Claims Act.

Pro bono / Community Service

• Volunteer -- WATCH D.O.G.S. (Dads of Great Students). An innovative father involvement, educational initiative of the National Center for Fathering; providing in school positive male role models for the students.
• National Immigrant Justice Center -- Pro Bono representation of individuals under Deferred Action for Childhood Arrivals program

Educational Background

• University of Dayton, B.A. (Economics and English), 1996

White Papers

• New amendments to the Illinois Equal Pay Act require that Illinois employers with at least 15 employees provide the “pay scale and benefits” for the advertised job opening in all job postings., NEW ILLINOIS LAW REQUIRES TRANSPARENCY IN EXPECTED COMPENSATION IN JOB POSTINGS, 2025
• A Texas Federal Court recently struck down the Federal Trade Commission’s new rule that would have served as a nationwide ban on non-compete agreements for nearly all U.S. workers., FTC BLOCKED FROM ENFORCING NEW RULE BARRING NON-COMPETE AGREEMENTS, 2024
• The new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance provides that all employees working in Chicago earn up to 40 hours of Paid Leave and 40 hours of Paid Sick Leave per 12-month period., NEW CHICAGO ORDINANCE REQUIRES EMPLOYERS PROVIDE PAID LEAVE AND PAID SICK LEAVE, 2024
• Employment Applicant's Wage and Salary History Now Off Limits Under New Illinois Law, Employment Applicant's Wage and Salary History Now Off Limits Under New Illinois Law, 2019
• On April 23, 2024, the FTC in Washington, D.C. voted 3-2 to approve and issue a final rule that purports to ban non-compete agreements for nearly all workers of for-profit employers with limited exceptions., NEW FEDERAL TRADE COMMISSION RULE POTENTIALLY BARS MOST NON-COMPETE AGREEMENTS, Manufacturing, Medical, Distribution, Sales, Financial Services, 2024
• The City of Chicago recently amended the Chicago Human Rights Ordinance to significantly increase workplace sexual harassment prevention requirements for employers inChicago., NEW SEXUAL HARASSMENT PREVENTION REQUIREMENTS FOR CHICAGO EMPLOYERS, 2022
• A new Illinois law goes into effect on January 1, 2022 that will impact an Illinois employer’s use and enforcement of non-compete and non-solicitation agreements., NEW ILLINOIS LAW IMPACTS ENFORCEMENT OF NON-COMPETE AND NON-SOLICITATION AGREEMENTS, 2021
• Guidance on Activity of Courts and Governmental Agencies that Enforce Employment Laws During Coronavirus Pandemic, Guidance on Activity of Courts and Governmental Agencies that Enforce Employment Laws During Coronavirus Pandemic, 2020
• FAQ's For Employers Dealing With The Coronavirus Pandemic, FAQ's For Employers Dealing With The Coronavirus Pandemic, 2020
• Checklist of Significant Illinois Employment Law Changes Effective January 1, 2020, Checklist of Significant Illinois Employment Law Changes Effective January 1, 2020, 2020
• Whistleblowers may be Protected under Sarbanes-Oxley Act when Reporting Fraud Unrelated to Shareholders
• Key Development in Enforcement of Restrictive Covenants Under Wisconsin Law
• Illinois Federal Courts Continue to Reject Bright-Line Test for Consideration in Competition Restrictions, 2017
• New Illinois Case Increases Employer's Burden to Show Valid Consideration for Competition Restrictions
• New FMLA Regulations Implemented by the U. S. Department of Labor
• NLRB Targets State Right-to-Work Laws, 2015
• Non-Compete Agreements Now Easier to Enforce in Texas
• New Paid Sick Leave Ordinance Covers Employees Working in Cook County, 2017
• Wisconsin Joins Illinois in Addressing Whether Continued Employment Constitutes Lawful Consideration for Mid-Stream Non-Competes, 2015
• Illinois Supreme Court Eases Burden on Employers in Enforcing Non-Compete Agreements
• President Obama Signs Executive Orders Impacting Employers with Federal Contracts
• Illinois Appellate Court Finds Admitted Off-Duty Marijuana Use Does Not Bar Unemployment Insurance Benefits, 2014
• Seventh Circuit Court of Appeals Strengthens Key Defense in Termination of Employee with Workers' Compensation Injury
• Illinois Federal Court Rejects Bright-Line Rule on Consideration Needed for Competition Restrictions, 2015

Scholarly Lectures / Writings

• Mr. Duda published an Article in Employment Law360 analyzing a significant decision by the Wisconsin Supreme Court relating to non-compete law and comparing the ruling to recent decisions in neighboring Illinois, Measuring Midstream Non-competes in Midwestern Courts, Employment Law 360, 2015
• The U.S. District Court in Chicago holds that Illinois employers can bring legal actions against their former employees in Illinois for alleged misconduct, even though the employees worked remotely and never lived or worked in Illinois., Primary Author, 2 Rulings Guide On Out-Of-State Worker Jurisdiction Issues, Law360, 2020
• Mr. Duda published an Article in Employment Law360 analyzing a significant decision by the U.S. District Court for the Northern District of Illinois in Chicago relating to the use of the Inevitable Disclosure doctrine in trade secret cases under the federal Defend Trade Secrets Act of 2016, Using The Inevitable Disclosure Doctrine in DTSA Cases, Employment Law360, 2017
• Mr. Duda published an Article in Employment Law360 analyzing the use of the important defense of judicial estoppel by employers in employment discrimination lawsuits, Judicial Estoppel: Key Defense In Discrimination Suits, Employment Law360
• Mr. Duda published an Article in Employment Law360 analyzing a significant decision by the Wisconsin Supreme Court broadly applying Wisconsin’s strict statute governing non-compete agreements to all manner of competition restrictions between employers and employees., An Expansive View of Non-competes at Wisconsin High Court, Employment Law360, 2018
• Mr. Duda was a speaker and presenter for a Select Counsel Webinar designed to assist in-house counsel in responding to the ever-growing concern of key employees departing to join a competitor and addressing the risks of such employees taking valuable confidential information and long-standing customer relationships with them, Speaker, Non-Competes, Trade Secrets, Departing Employees and Raiding: Key Tips for In-House Counsel to Protect Your Company's Interests, Select Counsel, 2018
• Mr. Duda published an Article in Employment Law360 analyzing an important development in Illinois non-compete law and the U.S. District Court's rejection of a bright-line rule on how much continued at-will employment is required to support competition restrictions, Dim Future for Ill. Bright-Line Competition Restrictions, Employment Law360, 2015
• Presentation co-author, Retaliation: Avoiding the Most Common Discrimination Claim, Chicago Law Bulletin's Eighth Annual Employment Law Conference, 2013
• Presentation co-author, Protecting Your Company's Interests From Actions of Departing Employees in the Absence of a Restrictive Covenant or Confidentiality Agreement, North Shore General Counsel's Association

Honors

• Recognized as Top Employment Lawyers for Management in Leading Lawyers Network for 2026
• Named Leading Lawyers
• Awarded AV Preeminent Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability. , AV Preeminent Peer Review Rating, Martindale-Hubbell, 2019
• Selected as Illinois Super Lawyers in Labor and Employment Law for 2026
• Selected by peers as Illinois Super Lawyer in Labor and Employment Law, Selected as Illinois Super Lawyer, Illinois Super Lawyers, 2025
• Mr. Duda was named by his peers as a Leading Lawyer in the categories of Employment Law: Management and Trade Secrets/Unfair Competition Law., Selected as Leading Lawyer, Law Bulletin Publishing Company, 2025
• Mr. Duda was named by his peers as a Leading Lawyer in the categories of Employment Law: Management and Trade Secrets/Unfair Competition Law., Selected as Leading Lawyer, Law Bulletin Publishing Company, 2024
• Selected as Illinois Super Lawyer, Illinois Super Lawyers, 2024
• Selected as Illinois Super Lawyer, Illinois Super Lawyers, 2023
• Selected as Illinois Super Lawyer, Illinois Super Lawyers, 2022
• Selected as Illinois Super Lawyer, Illinois Super Lawyers, 2021
• Selected as Illinois Super Lawyer, Illinois Super Lawyers, 2020
• Mr. Duda was selected and named a Member of Lawyers of Distinction., Selected Member, Lawyers of Distinction, 2018
• Rising Star, Illinois Super Lawyers, 2013
• Member of Trial Bar, U.S. District Court, Northern District of Illinois, 2017
• Rising Star, Illinois Super Lawyers, 2012
• Rising Star, Illinois Super Lawyers, 2014
• Rising Star, Illinois Super Lawyers, 2011

Awards

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AV Preeminent®: This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.

Industry Groups

• Apparel
• Automotive
• Distribution
• Financial Services
• Industrial
• Law Firms
• Market Research and Data Science
• Medical Device
• Technology
• Transportation Logistics