Lincoln O. Bisbee

A seasoned litigator with both first- and second-chair experience, Lincoln regularly handles a wide range of matters for clients in an assortment of different industries. He has represented clients in hundreds of disputes, including cases under the Fair Labor Standards Act (FLSA), the Sarbanes-Oxley Act (SOX), the Dodd-Frank Act, the False Claims Act (FCA), the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the National Defense Authorization Act (NDAA), the Energy Reorganization Act (ERA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Equal Pay Act (EPA), the Fair Credit Reporting Act (FCRA), the Railway Labor Act (RLA), the National Labor Relations Act (NLRA), the Defend Trade Secrets Act (DTSA), and various state employment laws.

In addition to representing clients in all phases of litigation at both the trial court and appellate levels, Lincoln frequently advises clients on highly sensitive employment matters, litigation avoidance, and crisis management, and he counsels clients on day-to-day issues such as responding to whistleblowers, wage and hour compliance, protecting trade secrets, and employee hiring, discipline, and termination. Lincoln also conducts investigations of whistleblower allegations, discrimination and harassment claims, and potential misappropriation of confidential, proprietary, and trade secret information.

Earlier in his career, Lincoln clerked for Judge Benson Everett Legg, then chief judge of the US District Court for the District of Maryland. 

• For a major aerospace and aircraft manufacturing company, first-chaired multiple trials in which the company defeated whistleblower claims before the US Department of Labor
• For a leading defense contractor, first-chaired a SOX whistleblower trial before the US Department of Labor and co-led an appellate team that obtained a Fourth Circuit decision dismissing the plaintiff’s complaint due to a lack of protected activity
• For a national staffing company, defeated class certification in an action claiming that recruiters were misclassified as overtime exempt and that trainees were not compensated for off-the-clock work
• For a leading healthcare company, defeated class and collective action certification in an action claiming that employees were improperly paid after their regularly scheduled payday
• For a major telecommunications company, defeated class certification in multiple class actions claiming that call center employees were not compensated for off-the-clock work
• For a national retailer, defeated conditional certification and notice for approximately 10,000 putative class members subject to arbitration agreements in a nationwide FLSA collective action where the named plaintiff was not subject to an arbitration agreement
• For a leading healthcare company, obtained a precedential Tenth Circuit decision holding that a class of homecare companion employees were properly classified as exempt under Colorado law, an issue of first impression
• For a national staffing company, won summary judgment on a claim that a recruiter was misclassified as overtime exempt, thereby mooting class action claims
• For a leading healthcare company, won summary judgment on the named plaintiff’s FLSA claim in a collective action alleging failure to timely pay wages
• For a national retailer, obtained complete dismissal of a class action claiming that commissioned employees were denied overtime and other premium pay under Massachusetts law
• For a leading healthcare company, won motion to dismiss a nationwide collective action alleging failure to pay overtime to home health aides based on a novel argument concerning the FLSA’s statute of limitation
• For a leading healthcare company, won motion to dismiss nationwide class claims covering tens of thousands of employees based on extraterritoriality and Dormant Commerce Clause arguments
• For a national transportation company, obtained a permanent injunction in a noncompete action where a high-level executive joined a competitor and created potential damages of close to $100 million
• Successfully litigated a trade secret theft matter involving a C-suite executive who misappropriated thousands of confidential files following his separation of employment
• For a major defense contractor, won dismissal of tortious interference claims arising out of a noncompete dispute and had the dismissal upheld by the DC Circuit on an issue of first impression under District of Columbia law
• For a large financial services company, won motion to dismiss SOX and Dodd-Frank whistleblower claims
• Represented a major aerospace and aircraft manufacturing company in numerous cases where the company won motions to dismiss and for summary judgment on a wide assortment of whistleblower and discrimination claims
• For a leading management consulting firm, retained for and successfully argued a Fourth Circuit appeal resulting in the complete dismissal of age discrimination claims
• For a large nuclear power provider, won summary judgment on whistleblower claims under the Energy Reorganization Act
• For a leading defense contractor, obtained complete dismissal of a nationwide Fair Credit Reporting Act class action at the pleading stage
• For a leading defense contractor, successfully tried arbitration and obtained a full defense judgment on discrimination and fraud claims