Zachary B. Busey

Defended individual claims and class actions following data breaches and cybersecurity incidents.

Prevented class certification and obtained dismissal of class claims in nationwide race discrimination class action.

Avoided conditional and class certification and obtained dismissal of claims in nationwide hybrid action.

Decertified a nationwide collective of current and former employees alleging "off the clock" and misclassification violations under the Fair Labor Standards Act.

Conducted internal compliance audits related to payroll practices, workforce classification, immigration compliance, and data/information security.

Implemented arbitration programs and agreements for multi-state employers that reduce, if not eliminate, multi-party, collective, and class litigation.

Following a finding of religious discrimination by the EEOC, obtained dismissal of federal lawsuit brought by former employee against national restaurant chain and obtained a complete defense verdict in subsequent arbitration proceedings.

Obtained partial summary judgment in enforcement action brought by the EEOC against national health care provider involving claims of disability discrimination and failing to accommodate a former employee's alleged disability under the Americans with Disabilities Act.

Obtained and defeated injunctions and other emergency relief related to the enforcement of restrictive covenants, including non-compete and non-solicitation covenants.

Advised cannabis retailers on point-of-sale issues and concerns, marketing and advertising, online versus brick-and-mortar sales, as well as shipping and delivery, both within the client (e.g., internal distribution networks) and externally with respect to end users/purchasers.

Advised farmers and agricultural clients on qualifying as a licensed/regulated cannabis grower, processor, or both.

Advised retailers, including national "big box" stores, on entering the legal cannabis market, whether to sell delta-9-tetrahydrocannabinol (THC)-containing products, zero-THC products such as ingestible and topical cannabidiol (CBD), or a combination of both.

Assisted a food manufacturing client in a Department of Labor child labor audit, resulting in a favorable consent judgment.

Defended a nationwide operator of travel centers against a nationwide collective action covering more than 65,000 individuals. Negotiated a favorable settlement with a portion of the collective and compelled the remainder to arbitration, where their claims were favorably resolved.

Served as lead counsel to a global distribution company in numerous class actions across multiple jurisdictions following a large-scale data incident. Guided the client through the remaining aspects of the incident response, successfully negotiated the dismissals of certain actions, and consolidated and moved to dismiss the remaining actions.