Ian T. Clarke-Fisher

Partner

  • Overview

    Biography

    Ian Clarke-Fisher focuses on commercial and employment litigation. He works with businesses on every aspect of a dispute, from pre-litigation strategies to taking matters on appeal.  His commercial cases involve complex contractual disputes, along with breach of fiduciary duty, business torts, unfair trade practices, and intellectual property claims. Ian also handles employment related cases and counsels clients on various employment issues, including restrictive covenants, confidentiality agreements, wrongful termination, and wage and hour issues. Ian is a member of the firm’s Business Litigation Group and Labor, Employment, Benefits + Immigration Group.

  • Experience
    • Experience

      Experience

        General Employment Litigation

      • Represented global chemical company from claims by a former internal auditor alleging race, sex, and religious discrimination; retaliation for complaining about discrimination; and intentional infliction of emotional distress, defamation, and invasion of privacy by false light. Successfully obtained dismissal of the plaintiff’s intentional infliction of emotional distress and false light invasion of privacy claims. Won summary judgment on all 12 remaining claims, and won request for reimbursement of discovery costs and an award of attorney's fees.

      • Represented national construction contractor from claims by a former employee alleging wrongful termination on the basis of race and sex. Required former employee, though counsel, to stipulate to a dismissal with prejudice during former employee’s deposition based upon former employee’s testimony.

      • Obtained numerous dismissals on behalf of employers in actions based upon allegations of wrongful termination and discrimination before the New York State Division of Human Rights and the Massachusetts Commission Against Discrimination.

      • Trade Secrets and Non-Competition

      • Represented rental company in prosecution of claims of breach of contract, unfair competition, and tortious interference against former employees and a major competitor resulting in injunction against the former employees enforcing their restrictive covenants, and eventually a six-figure monetary settlement payment from the competitor.

      • Obtained favorable outcome for client, a Global Vice President of a technology company, at preliminary injunction hearing, and ultimately a summary judgment victory, which the Second Circuit affirmed on appeal, in trade secrets, computer crimes and unfair trade practices dispute where client went to work for a competitor.

      • Obtained temporary restraining order and eventually a permanent injunction on behalf of a home health care provider against former employees and the former employees’ new employer.

      • Wage and Hour Litigation

      • Member of trial team in an Fair Labor Standards Act (FLSA) misclassification collective action in which we defended a chain of convenience stores against current and former store managers. Following three days of evidence, we reached a favorable settlement for less than 10 percent of the claimed damages.

      • Defended national construction company from claims from former employees in six related lawsuits. The first lawsuit was an FLSA hybrid collective action filed by five former employees claiming failure to pay overtime pay on behalf of themselves and a nationwide class of current and former employees. We successfully limited the plaintiffs from conducting nationwide discovery, saving significant expenses, and successfully dismissed all of the class action wage and hour claims. Although the Court allowed the plaintiffs to issue a class solicitation notice for misclassification claims, only one former employee opted into the collective action. We also successfully defended the company from five single-plaintiff lawsuits alleging discrimination and retaliation claims, breach of implied contract claims, equal pay claims, and wrongful termination claims. We filed motions to dismiss by which we dismissed two of the lawsuits in their entirety and limited the claims in the remaining three lawsuits. Having significantly reduced the scope of the plaintiffs' claims, we positioned the case for settlement, and after two mediations, we entered into a confidential global settlement of all claims.

    • Professional Associations

      Professional Associations

      American Bar Association

      New York State Bar Association

      Claims and Litigation Management Alliance (CLM)
    • Honors + Awards

      Honors + Awards

      Selected as a Rising Star to the New York Metro Super Lawyers list for 2017 and 2018.

  • NEWS + PRESS
    • Publications

      Publications

      "Prelitigation Steps for Trade Secret and Noncompete Cases," published in Lexis Practice Advisor, co-authored with Matthew T. Miklave and Sandra Marin Lautier (9/27/2016)
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      "Employee Free Speech in Connecticut: The Unsettled Landscape of Connecticut General Statutes § 31-51q," published in Connecticut Lawyer, co-authored with Stephen W. Aronson (04/2013)

    • Presentations

      Presentations

      "Bulletproofing Your Deals 2018 - Lessons from the Litigation Battlefield on Commercial Contracts Clauses," co-presented with Brian J. Wheelin, presented by the Association of Corporate Counsel (ACC) Westchester/Southern Connecticut in Darien, Connecticut (11/14/2018)
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      "U.S. Labor and Employment Implications of International Business Transactions (Update)," co-presented with Matthew T. Miklave, online CLE webcast, available through Lawline.com for on-demand viewing (10/2/2018)
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      "Clearing the Smoke on Medical Marijuana in Employment," at the Claims and Litigation Management Alliance (CLM) Annual Conference in Orlando, Florida (4/7/2016)
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      "New York City and State Employment Law: Recent Developments," presented at Robinson+Cole's New York City office, co-presented with Matthew T. Miklave, Katherine C. Glynn and Laura A. Torchio (10/23/2014)
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    • News

      R+C in the News

      • December 3, 2018

        Ian Clarke-Fisher and Brian Wheelin Present Program for ACC Westchester/Southern Connecticut

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      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 11, 2018

        Ian Clarke-Fisher and Matt Miklave Present Lawline CLE Webcast

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      • May 18, 2017

        Ian Clarke-Fisher to Represent Robinson+Cole in Mills & Reeve Secondment

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      • October 14, 2016

        Robinson+Cole Lawyers Write Article for Lexis Practice Advisor

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      • April 15, 2016

        Ian Clarke-Fisher Presents at CLM 2016 Conference

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      • October 2, 2015

        Ian Clarke-Fisher Is Nominated for CLM Membership

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      • November 21, 2014

        New York Lawyers Present New Developments in New York City and State Employment Law

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      • October 28, 2013

        Hartford Lawyers Write Article for NYSBA Journal

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      • May 17, 2013

        Hartford Lawyers Write Article for Connecticut Lawyer

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      • March 5, 2013

        Steve Aronson and Ian Clarke-Fisher Write Article for Westlaw Journal

      R+C News Releases

      • December 5, 2018

        Robinson+Cole Elects New Partners

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • May 31, 2012

        Robinson & Cole Expands Labor & Employment Practice with Addition of Three New Attorneys