Robert R. Duda Jr.

Practice Summary

Robert R. Duda Jr. is a partner with Smith O’Callaghan & White. Mr. Duda holds the AV® Preeminent Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability. Mr. Duda was selected by his peers and recognized as an Illinois Super Lawyer in Labor and Employment Law each year from 2020 through 2024, and an Illinois Rising Star from 2011-2014, www.superlawyers.com. In addition, he was named to Lawyers of Distinction, Illinois, for Labor Law in 2018-2020, www.lawyersofdistinction.com. Mr. Duda’s practice focuses on representing employers in federal and state courts in employment-related litigation arising under the employment discrimination laws, as well as trade secret litigation, breach of employment contracts, breach of fiduciary duty, enforcement of non-compete and non-solicitation agreements, employment-related torts and misconduct, workplace defamation and unfair competition. Mr. Duda was involved in all phases of the litigation in a successful federal court trial to verdict, recovering a monetary judgment for a corporate client in the first employee pirating, breach of fiduciary duty and misappropriation of trade secrets case in the client’s industry. He frequently provides counsel to employers to protect their interests through the use and enforcement of restrictive covenants and by responding to employee raiding and pirating attempts. Mr. Duda covers and frequently writes about legal developments in trade secret and non-compete law. He co-authored, “Protecting Your Company’s Interests From Actions of Departing Employees in the Absence of a Restrictive Covenant or Confidentiality Agreement,” which provides guidance to employers concerning specific steps that may be taken to protect trade secrets and confidential information and prevent unfair competition in the absence of pre-existing written agreements. Mr. Duda also represents employers in defense of discrimination and harassment charges, as well as wage claims, in federal and state administrative agency proceedings in Illinois and Wisconsin, and has successfully obtained dismissal of charges alleging violations of the employment discrimination laws in discharge, failure to promote and retaliation claims. Mr. Duda frequently counsels employers on compliance with employment discrimination laws, including Title VII, the ADA, the ADEA and the FMLA, as well as reductions-in-force and plant closings implicating the Older Workers Benefit Protection Act and the Worker Adjustment Retraining and Notification Act. He also counsels employers on best practices for compliance with e-discovery rules and requirements. Mr. Duda played key roles in the successful resolution of federal court lawsuits alleging pattern and practice claims under the ADEA and the ADA in connection with a company-wide reduction-in-force and FMLA and retaliatory discharge claims.