Paul R. Barsness

Listed in The Best Lawyers in America®, Commercial Litigation, 2023-2024 American Bar Association & American Law Institute, Scholarship & Leadership Award Defend publicized U.S. Department of Justice suit against the Austin Fire Department's hiring process for fire cadets. Represented client on consent decree compliance issues. National employment testing and validation counsel on all relevant matters for EEi and its participating members in this national trade association for investor-owned electric utilities. Represented a large financial services institution in a series of lawsuits with a major competitor that involved allegations of corporate raiding, misappropriation of trade secrets, and alleged violation of restrictive covenants. Client’s competitor and a former employee initiated a lawsuit in state court, seeking a temporary restraining order to prevent the client from enforcing certain restrictive covenants. Removed the case to federal court and successfully defeated a motion to remand when the federal court found that the competitor had fraudulently joined an affiliate of the client in an effort to defeat diversity jurisdiction. The competitor then withdrew its motion for temporary restraining order and instead filed a motion for preliminary injunction. Asserted several counterclaims against the competitor and former employee, defending the enforceability of the restrictive covenants and asserting trade secret claims, tort claims, and claims for breaches of the covenants. After some discovery, the competitor and former employee withdrew their motion for preliminary injunction, and the case resulted in a substantial settlement in favor of the client. Represented a software company in litigation relating to the alleged breach of a non-disclosure agreement entered with a competitor in connection with the consideration of a potential joint venture. Client denied misusing confidential information and denied any wrongdoing. Resolved the case early in the litigation and obtained dismissal of the lawsuit and the competitor's motion for injunctive relief, without the client having to incur substantial legal fees. Conducted overtime audit for large regional healthcare system to address and simplify overtime pay codes and ensure compliance with wage-and-hour regulations. Defended national clinical lab testing company against claims of race, age, color, sex, national origin, and disability discrimination and retaliation brought by senior level current employee. Following dismissal of some claims, resolved remaining claims through lower-cost settlement. Following extensive document discovery and a full deposition of the plaintiff, secured an extremely favorable, less­than-nuisance-value settlement in response to age, gender, and multiple disability discrimination claims brought by a plaintiff who had been terminated for excessive unscheduled absences. Defended suit by 19 plaintiffs claiming violation of constitutional and privacy rights. Addressed resolution compliance issues. Represented services provider against allegations of employee misclassification and a demand for unpaid overtime wages by employee who had resigned.