Olaoluwaposi O. Oshinowo

Posi is a strategic thinker who works closely with clients to understand their business and counsel and assist them in developing plans for the long-term success of their operations. Companies rely on Posi to minimize their litigation risk, manage and lead sensitive investigations involving key personnel, and, when necessary, aggressively litigate disputes to achieve favorable outcomes. He also works with government contractors in highly regulated industries to help ensure compliance with the complex and unique labor, employment, and regulatory requirements those companies face.

Posi has extensive litigation and trial experience, having conducted numerous jury and non-jury trials. As of counsel in Wiley’s Employment & Labor Practice, Posi also frequently represents clients before federal and state courts and federal, state, and local administrative agencies in cases arising under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Equal Pay Act, the Fair Labor Standards Act, USERRA, and a host of other federal and state laws.

Posi has successfully defended clients in single-plaintiff, class, and collective action matters in all phases of litigation. He has significant experience in the U.S. District Court for the Eastern District of Virginia – also known as the “Rocket Docket”; in the state trial courts in Northern, Eastern, and Central Virginia and the District of Columbia’s Federal District and Superior Courts.

Posi has also successfully represented clients in defamation and business and commercial matters involving breach of contract, non-competition and non-solicitation agreements, misappropriation of trade secrets or proprietary information, and other business torts.

Posi’s investigations experience includes leading and advising clients concerning internal and external investigations of alleged discrimination, harassment, hostile work environment, retaliation, ethics complaints, wage and hour violations, and whistleblower claims. Posi is skilled at navigating the delicate concerns that arise when senior organizational leaders are the subject of complaints. Posi’s investigations practice focuses on helping clients understand and address the issues before them, creating appropriate corrective action steps, crafting effective communications, and establishing a long-term plan and best practices to avoid similar concerns in the future.

He has represented clients in industries such as government contracting, professional services, associations, supermarkets, hotels and restaurants, technology, health care and beauty, education, legal services, staffing, financial services, transportation, pharmaceuticals, security, telecommunications, and commercial and residential development.

Representative Matters

• Represents businesses in federal and state employment law matters, including issues related to the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Title VII, the Family and Medical Leave Act (FMLA), Section 1981, the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), False Claims Act (FCA) workplace privacy, internal investigations, and wrongful discharge litigation.
• Leads individual and group trainings concerning a variety of workplace issues.
• Counsels and represents management and individuals regarding drafting, negotiation, and enforcement of non-compete and non-solicitation agreements; protection of trade secrets; civil business conspiracy; tortious interference; defamation; breach of fiduciary duties; breach of duties of loyalty; and other business torts and business competition issues.
• Assists businesses concerning drafting of personnel policies and manuals.

• Obtained dismissal of claims alleging COVID-19 policies violated the Americans with Disabilities Act. Leggo v. M.C. Dean, Inc., 2023 WL 1822383 (E.D. Va. Feb. 7, 2023), aff'd, No. 23-1211, 2023 WL 4700998 (4th Cir. July 24, 2023).

• Obtained dismissal of FCA Retaliation and Rehabilitation Act Disability Discrimination claims by former senior employee. Hughes v. Centurum, Inc., 2022 WL 2802926 (M.D. Fla. July 18, 2022).

• Obtained dismissal on summary judgment of Section 1981, Title VII, and ADA claims by railroad employee. Rassa v. Amtrak, 850 F. App'x 1 (D.C. Cir. 2021).

• Obtained dismissal on summary judgment of retaliation and discrimination claims by employee. McDougald v. EEOC et al, E.D.Va. 1:16-CV-01554.

Professional Experience

• Associate, private law practice, Washington, DC (2016-2019)
• Associate, private law practice, Richmond, VA (2013-2016)

Affiliations

• Fellow, Leadership Council on Legal Diversity (LCLD) 2022
• National Black Lawyers Top 40 Under 40 (2020)
• Academy Fellow, National Employment Law Council (2015-2016)
• American Bar Association
• Virginia Bar Association
• Bar Association of the District of Columbia
• National Bar Association