Ian T. Clarke-Fisher

Partner

  • Overview

    Biography

    Ian Clarke-Fisher focuses his practice on complex commercial and employment litigation. He is a member of the firm’s Business Litigation Group and Labor, Employment, Benefits + Immigration Group.

    Commercial Litigation
    Ian 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.  His clients range from Fortune 500 companies to family businesses and start-ups in a broad variety of industrial and commercial sectors.

    Ian has attained significant results for clients, including recently assisting a global technology provider with successfully obtaining a $50,000,000 judgment and foreclosing the security interests. Ian also obtained summary judgment in a dispute between members of an LLC dismissing all derivative claims, including claims of tortious interference, conversion, and breach of fiduciary duty, brought by the majority members. Further, Ian regularly assists clients in contractual disputes in the recovery of substantial pre-litigation payments and prompt resolutions.

    Employment Litigation
    Ian also regularly represents businesses in complex employment matters, including wage and hour collective and class actions and claims relating to discrimination and retaliation.  He has achieved positive results in such matters, including obtaining numerous dismissals on behalf of employers before state agencies and in the courts, together with appeals.  Ian is particularly experienced in trade secret and non-compete claims, from handling pre-suit investigations to obtaining injunctions on behalf of employers, handling claims of breach of contract, unfair competition, trade secrets, and tortious interference.

    International 

    In addition, Ian is a member of the Firm’s multi-disciplinary International Practice Team.  In this regard, Ian assists international clients with U.S. disputes and regularly provides advice on related contractual issues.  In 2017, Ian represented the Firm in a month-long secondment at a large British law firm to build and strengthen the Firm’s international relationships with both lawyers and clients.   
     

  • 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 from 2017 to 2019.

  • 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)
      • » more info
      • View article

      "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

      "What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants," presented as a Lawline course. (10/4/2019)
      • » more info

      "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)
      • » more info

      "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)
      • » more info

      "Clearing the Smoke on Medical Marijuana in Employment," at the Claims and Litigation Management Alliance (CLM) Annual Conference in Orlando, Florida (4/7/2016)
      • » more info

      "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)
      • » more info

    • News

      R+C in the News

      • December 3, 2018

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

        • » more info
      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • October 11, 2018

        Ian Clarke-Fisher and Matt Miklave Present Lawline CLE Webcast

        • » more info
      • May 18, 2017

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

        • » more info
      • October 14, 2016

        Robinson+Cole Lawyers Write Article for Lexis Practice Advisor

        • » more info
      • April 15, 2016

        Ian Clarke-Fisher Presents at CLM 2016 Conference

        • » more info
      • October 2, 2015

        Ian Clarke-Fisher Is Nominated for CLM Membership

        • » more info
      • November 21, 2014

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

        • » more info
      • October 28, 2013

        Hartford Lawyers Write Article for NYSBA Journal

        • » more info
      • May 17, 2013

        Hartford Lawyers Write Article for Connecticut Lawyer

        • » more info
      • March 5, 2013

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

      R+C News Releases

      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • December 5, 2018

        Robinson+Cole Elects New Partners

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • May 31, 2012

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