Pamela A. Dattilo

Pamela is an experienced litigator, trial attorney and external investigator who handles a full range of shareholder, partnership, non-compete, sexual misconduct and employment disputes. She has successfully litigated before state and federal agencies, in private arbitrations, in state and federal courts, and before appellate courts around the country. Pamela is licensed in Minnesota, but has represented companies in complex litigation in Florida, Illinois, Texas, Michigan, California, Ohio, Indiana, Wisconsin, and numerous other states. Pamela is frequently called on to handle disputes that are complex, highly contentious, or likely to go to trial. She has obtained multi-million dollar verdicts and awards on the plaintiff side (representing companies and individual minority shareholders), and she has obtained complete defense verdicts on the defense side. Pamela is also sought after for complex and sensitive employment and school investigations, particularly those involving allegations of sexual misconduct, which must be handled with the utmost care and professionalism.

While Pamela handles a wide range of disputes, she has particular expertise—both in litigation and counseling—in closely held business disputes, non-compete disputes, and business tort cases. “Business torts” include claims arising out of confidentiality, non-compete or non-solicitation agreements, claims involving trade secrets and/or breach of fiduciary duty claims. Pamela also has considerable experience both defending these claims and representing clients who are pursuing them.

Pamela’s approach to litigation and dispute resolution is creative, strategic, and persistent. She is a fierce advocate for her clients. With respect to investigations, Pamela’s approach is pragmatic and neutral, with a high regard for the integrity of the investigation process. Every investigation is handled with the utmost care and attention to detail – with the hope of avoiding litigation. When avoiding litigation is not possible, Pamela’s investigative work often provides the basis for a strong defense for companies who follow her guidance and adopt her findings.

Investigations

• Conducted several high-risk and potentially high-profile sexual assault/harassment investigations for companies, schools, and non-profits.
• Conducted several investigations for Fortune 100 and Fortune 500 companies into allegations of misconduct by senior executives.
• Member of legal team that conducted an internal investigation of a Big Ten athletic department following allegations of sexual harassment and the athletic director’s resignation.
• Co-lead investigation of a state legislator accused of sexual misconduct.
• Conducted multiple investigations into “group claims” of age discrimination for large companies.
• Conducted investigation of a senior VP of a medical device company accused of retaliation and bullying.
• Conducted investigation of a VP of a construction company accused of sex discrimination and harassment.
• Conducted investigation into a variety of legal and ethical concerns raised about conduct by an Executive Director of a non-profit agency.
• Conducted investigation of a sales manager of a medical device company following a sexual assault allegation by a third party.
• Conducted investigation of a VP of a medical device company accused of gender discrimination and FMLA retaliation.
• Conducted investigation of a General Counsel accused of retaliation and discrimination.
• Conducted investigation of a VP of a technology company accused of harassment, retaliation, and other misconduct.
• Guided dozens of companies and schools through internal investigations conducted in-house.
• Assisted companies with developing internal processes and policies for conducting internal investigations.
• Presented on best practices for conducting employment investigations and how to effectively use computer forensics experts in conducting internal investigations on numerous occasions.

Noncompete, Trade Secret, Business Litigation

• Obtained $3.9 million jury verdict against former owner and officer on claims of breach of contract (non-compete), breach of duty and civil theft.
• Obtained six-figure damage award following a bench trial in a breach of employee non-solicitation agreement case.
• Obtained judgment in favor of our client, an IT staffing company, on a tortious interference with contract claim brought against our client after they hired an employee with a non-compete agreement with his prior employer. Judgment was sustained on appeal and resulted in the Minnesota Supreme Court recognizing for the first time that reliance on advice of counsel is a defense to tortious inference with contract.
• Successfully defeated motion for preliminary injunction in the Middle District of Florida by former employer against multiple employees that accepted employment for another company operating in the same transportation logistics industry. See Blue-Grace Logistics LLC v. Fahey, 340 F.R.D. 460 (M.D. Fla. 2022).
• Granted motion for summary judgment, dismissing all claims against clients for allegedly violating non-competition covenants under Florida law, by establishing that former employer did not have a legitimate business interest that justified non-competition restriction. See Blue-Grace Logistics LLC v. Fahey, No. 8:21-CV-2523-KKM-MRM, 2023 WL 424285 (M.D. Fla. Jan. 26, 2023).
• Successfully transferred non-competition and non-solicitation case from the Western District of Texas, where the employer was headquartered, to the Northern District of Illinois, where the employees resided. See DM Trans, LLC v. Scott, No. 1:21-CV-505-RP, 2021 WL 2864885 at *1 (W.D. Tex. July 8, 2021).
• Defeated motion for preliminary injunction in the Northern District of Illinois against five employees that resigned to work for a competitive company in the transportation logistics industry. See DM Trans, LLC v. Scott, No. 21 C 3634, 2021 WL 4963606, at *1 (N.D. Ill. Oct. 26, 2021).
• Defended district court’s denial of motion for preliminary injunction to the Seventh Circuit Court of Appeals, resulting in a precedential decision affirming win in lower court. See DM Trans, LLC v. Scott, et al., 38 F.4th 608 (7th Cir. 2022).
• Successfully moved to dismiss claims in the Middle District of Florida against employees for allegedly violating non-competition and non-solicitation restrictions while employed by new employer. See Paramount Transportation Logistics Servs., LLC v. Traffic Tech, Inc., No. 2:21-CV-831-JES-NPM, 2022 WL 861584, at *6 (M.D. Fla. Mar. 23, 2022).
• Successfully reversed decision by the Southern District of Ohio entering a preliminary injunction in the Sixth Circuit Court of Appeals based on procedural due process arguments rooted in the Federal Rules of Civil Procedure. See Total Quality Logistics, LLC v. Traffic Tech, Inc., No. 22-3148, 2023 WL 1777387, at *1 (6th Cir. Feb. 6, 2023).
• Secured emergency temporary restraining order against former employees that were secretly diverting customers from employer to separate business while still employed. Case settled for high six figures shortly after emergency relief was entered.
• Obtained judgment as a matter of law for client seeking to enforce a non-compete agreement in an Asset Purchase Agreement when the seller threatened to violate the covenants and sought a Court-modification to the non-compete.
• Obtained numerous Temporary Restraining Orders for clients seeking to enforce non-compete contracts.
• Obtained seven-figure settlements in several non-compete, trade secret and business tort cases.
• Defended international insurance broker in non-compete/business tort litigation in federal and state court, including obtaining partial summary judgment.
• Represented mortgage lender in lawsuit seeking enforcement of its employee non-solicitation agreements; summary judgment obtained on breach of employee non-solicitation agreement claims.
• Assisted numerous employees, officers, directors and employers in negotiating resolutions of non-compete and fiduciary duty disputes and avoiding litigation.

Employment

• Davies v. Waterstone Capital Management, LP: 856 N.W.2d 711 (Minn. Ct. App. 2015) (further review denied, Minnesota Supreme Court;  denied U.S. Supreme Court); obtained reversal of a district court decision and vacated arbitration award of $11 million against an employer arising from the termination of a highly compensated employee.
• Rebischke v. The Tile Shop: Federal District Court (MN)—obtained summary judgment for employer in FLSA collective action involving salary deduction allegations.
• Ahle et al. v. Veracity Research Co.: Federal District Court (MN)—defended national private investigation company in misclassification FLSA collective/class action.
• Thomas et al. v. Cascade Mortgage Co.: Federal District Court (MN)—defended mortgage lender in minimum wage/overtime FLSA collective/class action case.
• Defended owners and officers of iron ore processing plant sued individually in an overtime FLSA collective action case.
• Defended agricultural cooperative sued for negligence by a temporary employee who claimed extensive injuries and damages exceeding $30 million as a result of a work place injury.
• Obtained reversal by appellate court of a ruling that our client, an individual sued for worker’s compensation benefits, was an “employer” under Minnesota’s Worker’s Compensation laws. Appellate court ruling in our client’s favor was upheld by the Minnesota Supreme Court.

• Obtained summary judgment on a disability discrimination and failure to accommodate lawsuit against a Minnesota hospital in Minnesota State District Court.

• Obtained dismissal of a race discrimination lawsuit in Minnesota State District Court on a Rule 12 motion to dismiss.

• Obtained dismissal of a race discrimination, retaliation, and workers’ compensation retaliation lawsuit in Minnesota State District Court on a Rule 12 motion to dismiss.

• Sternquist v. Pal Mgmt., Inc.: Court of Appeals (MN)—obtained reversal of an unemployment law judge’s determination that our client, an employee who was subjected to harassment, did not quit for a “good reason” caused by the employer.

• University of St. Thomas School of Law, J.D., 2009, summa cum laude
• University of St. Thomas, B.A., 2006, magna cum laude

• Minnesota Bar
• Eighth Circuit Court of Appeals
• Seventh Circuit Court of Appeals
• Sixth Circuit Court of Appeals
• Eleventh Circuit Court of Appeals
• U.S. District Court for the District of Minnesota