Timm Schowalter, CIPP/US, Shareholder

Timm Schowalter

About

As an active member of Sandberg Phoenix’s Labor and Employment Team, Timm brings over 20 years of litigation experience in representing employers and insurers throughout the United States in all facets of labor and employment matters. Timm provides an aggressive yet cost-effective defense for companies of all sizes in single action and class action employment litigation matters, including:

  • Employment discrimination and retaliation claims arising under Missouri and Illinois Human Rights Acts
  • Title VII of the Civil Rights Act
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Fair Labor Standards Act (FLSA)
  • False Claims Act (FCA)
  • Family and Medical Leave Act (FMLA)
  • National Labor Relations Act (NLRA)
  • Employee Retirement Income Security Act (ERISA)
  • Occupational Safety and Health Act (OSHA)

Timm also leads Sandberg Phoenix & von Gontard, P.C.’s Cybersecurity and Privacy Risk Management Team. Timm has earned the esteemed designation of Certified Information Privacy Professional/United States (CIPP/US) from the International Association of Privacy Professionals (IAPP), a global organization dedicated to advancing the privacy and data protection industry. In his role, Timm coordinates and directs the establishment of cybersecurity multidisciplinary services by assisting clients in numerous industries in developing comprehensive strategies to address:

  • Protection of trade secrets, intellectual property and proprietary information
  • Information management and data privacy/security
  • Data breach risks and multidisciplinary responses to data breaches
  • Avoiding potential privacy claims and liabilities
  • Compliance with all relevant state, federal, and international privacy laws

Timm represents individuals and organizations in complex litigation involving:

  • Misappropriation of trade secrets
  • Non-disclosure and non-compete agreements
  • Computer tampering
  • Copyright and trademark infringement
  • Civil claims and government enforcement actions under specific privacy laws, such as GDPR (EU), FCRA, GLBA, FIRREA, Dodd-Frank, FACTA, HIPAA/HITECH, GINA, FERPA, CAN-SPAM, and VPPA, and state data breach notification and disposal laws

Timm’s primary goal for clients is litigation avoidance and to that end he works closely with clients in developing and implementing cost-effective employment, labor, and information management/privacy programs to ensure compliance with international, federal, and state employment and privacy laws. In doing so, Timm handles clients’ day-to-day legal needs including:

  • Drafting employment contracts
  • Executive compensation agreements
  • Severance agreements
  • Confidentiality and trade secret agreements
  • Non-competition and non-solicitation agreements
  • Information management and data privacy/security programs
  • Privacy policies and notices
  • Third-party/vendor cybersecurity agreements
  • GDPR contractual clauses, binding corporate rules, and codes of conduct
  • Privacy and data breach notices
  • Personnel policies
  • Employee handbooks
  • Comprehensive in-house training and compliance programs

Timm also represents employers with their labor/union matters, including designing and implementing effective union avoidance and organizing campaigns, negotiating collective bargaining agreements, strike preparation assistance, and defeating secondary boycotts. He also has a broad range of experience in proceedings before the National Labor Relations Board, union arbitrations, and obtaining state and federal court injunctions.

Background

  • Bachelor of Arts in Philosophy from Southeast State University
  • Juris Doctor from the University of Missouri – Columbia School of Law
  • Certified Information Privacy Professional/United States (CIPP/US)

Associations

Missouri Bar Association

  • Labor and Employment Committee.

Illinois Bar Association
Bar Association of Metropolitan St. Louis

  • Former Board of Governors and is Chairman of the Labor and Employment Law Section.

International Association of Privacy Professionals
Missouri Organization of Defense Lawyers
DRI Labor and Employment Practice Group
DRI Cybersecurity and Data Privacy Group

Mackrell International

  • Employment Practice Group
  • Global Privacy & Data Security Practice Group

Bar Admissions

  • State of Missouri
  • State of Illinois
  • Eighth Circuit United States Court of Appeals, Eighth Circuit
  • United States District Court for the Eastern District of Missouri
  • United States District Court for the Southern District of Illinois
  • United States District Court for the Central District of Illinois
  • United States District Court for the Eastern District of Arkansas
  • United States District Court for Western District of Arkansas.

Recent Successes

  • Gierer v. Rehab Medical, Inc., 2017 WL 976931, (U. S. E. D. Mo. 2017) -summary judgment granted in False Claim Act Retaliation claim
  • SSM Health v. David Peter, M.D., (Mo. St. Charles County, 2016) – successful prosecution of breach of contract/noncompetition and tortious interference claims by entry of TRO and Consent Judgment
  • Megl v. SHC Services (U. S. E. D. Mo. 2016) – successful defense of wrongful discharge claim
  • Shamrock Promotions v. Kurtz, (Mo. St. Charles County, 2016) – successful prosecution of breach of promotion agreement and entry of TRO to terminate MMA fight
  • Callaway v. AZZ, Inc. (Mo. Jackson County, 2016) – successful defense of wrongful discharge/whistleblower claim
  • Gonzales v. Home Nursery Inc., (U. S. S. D. Ill 2016) – successful defense of class action FLSA claim
  • F&B Financial v. Wilson, (St. Louis County, 2014) – successful prosecution of breach of contract/noncompetition and tortious interference claims by entry of TRO
  • Numotion v. Kruse (U. S. Dist. Oregon, 2014) – successful prosecution of breach of contract/noncompetition and tortious interference claims by entry of Consent Injunction
  • Timmerman Group v. Fall (Mo. St. Louis county, 2014) – successful prosecution of breach of contract/noncompetition and tortious interference claims by entry of Consent Injunction
  • Johnson v. Moran Foods d/b/a Save-A-Lot (Mo. St. Louis County, 2014) – successful defense of race discrimination claim
  • Custom Hardware Engineering & Consulting, Inc. v. Dowell, 919 F. Supp. 2d 1018 (U. S. E. D. Mo. 2013) – summary judgment granted in wrongful discharge claim
  • Battery Handling Systems v. Hensel (U. S. E. D. Mo. 2011) – successful defense of breach of contract/noncompetition and tortious interference claims by denial of TRO
  • D. C., Inc., d/b/a Dirt Cheap Cigarettes and Beer v. DRP, Inc., (U. S. E. D. Mo. 2010) – successful prosecution of copyright infringement claim by entry of Consent Judgment
  • D. C., Inc., d/b/a Dirt Cheap Cigarettes and Beer, v. SUJVL, Inc., (U. S. E. D. Mo. 2010) – successful prosecution of copyright infringement claim by entry of Consent Judgment
  • EBI Holdings, Inc. v. Butler,) (U. S. C. D. Il. 2009) – successful defense of tortious interference claims
  • Wilson Mfg. v. Fusco, 258 S. W. 3d 841, (Mo. App. 2008) – successful appeal in non-compete litigation matter by entry of Permeant Injunction
  • Duke Mfg. Co. v. Erber, (E. D. Mo. 2008) – successful defense of breach of contract/ noncompetition and tortious interference claims
  • Allshouse v. JBL LTD d/b/a Hit-N-Run Food Stores (S. D. Il. 2006) – successful defense of same sex harassment and religious discrimination claims
  • Munns v. Moran Foods d/b/a Save-A-Lot, (E. D. Mo. 2006) – successful defense of Title VII race discrimination claim
  • Davis v. St. Louis Public Schools, U.S. Supreme Court, Case No. 04-743 (2004) – successful opposition to grant of certiorari
  • Horton v. American Railcar Industries, Inc., 214 F. Supp. 2d 921 (E. D. Ark. 2002) -summary judgment in Pregnancy Discrimination Act claim
  • Sacharnoski v. Capital Consolidated Inc., 187 F. Supp. 2d 843 (W. D. Ky. 2002) -dismissal granted in intentional infliction of emotional distress claim)
  • Lovan v. American Rail Car Industries, Inc., 2001 WL 1873148 (E. D. Ark. 2001) – successful defense of FMLA claim
  • Blandin v. Marriott International, Inc., 1997 WL 581562 (E. D. Mo. 1997) – summary judgment granted in ADA claim

Press

  • Quoted in “Violence Response Plans Help Protect Health-Care Workers,” Bloomberg Law: BNA’s Health Care Daily Report, May 1, 2018
  • Quoted in “Healthcare Employers Lack Clarity on Joint Employee Issues,” Bloomberg Law: BNA’s Health Care Daily Report, January 23, 2018
  • Quoted in “What To Do When You Suspect A Worker May Be Mentally Ill,” Law 360, July 17, 2017
  • Quoted in “4 Things Employers Should Know About ‘Comp Time’ Bill,” Law 360, May 3, 2017
  • Quoted in “Supreme Court Oks Narrow Review of EEOC Subpoena Rulings,” Westlaw Journal, April 11, 2017

Publications

  • “Non-Compete Agreements – Are They Enforceable in This Job Market? ” St. Louis Business Journal, February 2011
  • “Staying Union Free: A Perspective of the State of the Unions and Their Calculated Resurgence in America,” USLAW Employment & Labor Law Conference, Austin, TX, March 2006
  • The Fair Labor Standards Act, contributing author, BNA Books, 2005-06 supplement
  • Retaliation Claims Under Federal and State Law, The Missouri Bar Labor and Employment Law Symposium, October 2005
  • “Supporting Our Troops: Complying with the Uniformed Service Reemployment Rights Act,” Journal of the Missouri Bar, May 2005
  • “Support For our Troops Requires Reemployment Rights,” St. Louis Business Journal, May 6, 2005
  • FMLA Update, Council on Education in Management, December 2004
  • “Tag You Are It,” a presentation regarding effective techniques for investigating and documenting employee complaints, Human Resource Management Association of St. Louis, May 2004
  • Recent Developments Under the FMLA, Human Resource Management Association of St. Louis, October 2003
  • The Bermuda Triangle – The Interplay Between the FMLA, ADA and Workers Compensation, SHERM (Northern Arkansas Chapter) Summer Conference, June 2003
  • “Workplace Privacy Issues: Avoiding Liability,” a comprehensive survey course regarding privacy in the workplace, ADP Seminar Series, Kansas City, Missouri, May 1999

BIOGRAPHY

Joining Sandberg Phoenix as a Shareholder in 2013, Timm W. Schowalter serves as outside general counsel for many prominent businesses and specializes in labor and employment matters.

Timm’s primary goal is litigation avoidance and, to that end, he consults in developing and implementing cost-effective employment and labor compliance systems to ensure compliance with federal and state employment laws.

“I see myself as my client’s true business partner and enjoy creating strong personal and business relationships while providing pragmatic solutions to my client’s legal needs,” Timm says.

Timm routinely provides day-to-day counseling on a variety of employment and labor issues including employee leave of absences, wage and hour issues, union matters, and compliance with ADA, FMLA, WARN, OSHA, and federal and state employment discrimination laws. Also, Timm handles clients’ day-to-day legal needs including drafting personnel policies, employment contracts, executive compensation agreements, severance agreements, safety manuals, affirmative action plans, non-competition and confidentiality agreements, employee handbooks, and comprehensive training programs.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2016 Sandberg Phoenix & von Gontard P.C. All Rights Reserved. Sandberg Phoenix & Von Gontard P.C.is a law firm with a primary office located in Downtown St. Louis, Missouri. Website Design by Timmermann Group

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