Bridget R. Penick

About

Bridget R. Penick

PRIMARY SERVICES

Overview

• Bridget is a leading litigator whose practice focuses on employment law. Bridget regularly drafts and litigates restrictive covenants, including noncompetition and nonsolicitation agreements.
• Bridget represents employers of all sizes in various state and federal courts and administrative agencies. She drafts and counsels employers in human resources policies and procedures, employment discrimination, FMLA, ADA, wage & hour, NLRA issues and union avoidance. She also assists employers with employment-related immigration issues.

Experience

REPRESENTATIVE EXPERIENCE

• Pierce Street Same Day Surgery, L.C. v. Dr. Adam Smith et al., Case No. LACV178878 (Iowa District Court for Woodbury County Feb. 5, 2018). Obtained temporary injunction against physicians prohibiting them from further violating their restrictive covenants.
• Katecho, Inc. and Surmasis Pharmaceuticals, Inc. v. .Continental Manufacturing Chemist, Inc., et al., Case No. 4:18-cv- 00314 (U.S. District Court for Southern District of Iowa Oct. 16, 2018). Obtained preliminary injunction against three former employees prohibiting them from further violating their restrictive covenants.
• Prairie Pediatrics & Adolescent Clinic, P.C. vs. Dr. Tina Smith & Tri-State Specialists, LLP, Case No.: LACV177912 (Iowa District Court for Woodbury County Dec. 22, 2017). Obtained temporary injunction against pediatrician and her new clinic prohibiting her from further violating her noncompetition agreement.
• Sommese v. American Bank & Trust, 859 N.W.2d 672 (Iowa Ct. App. 2015). Obtained judgment for mortgage loan originator accused of violating his noncompete agreement and awarded nearly $1 million in unpaid commissions.
• American Bank & Trust Co., NA v. Leyden, 2013 WL 6405161 (Iowa Ct. App. 2013). Defended bank and mortgage loan officers in noncompete case.
• SCS Property Management, LLC v. Vokes, 836 N.W.2d 152 (Iowa Ct. App. 2013)
• S&A Farms, Inc., v. Farms.com, Inc., 678 F.3d 949 (8th Cir. 2012)
• Davis v. TPI Composites, Inc., 2011 WL 3706560 (S.D. Iowa 2011)
• Gibler v. Rosenman’s, Inc., 798 N.W.2d 737 (Iowa Ct. App. 2011)
• Ajuoga v. Adventure Lands of America, Inc., 791 N.W.2d 427 (Iowa Ct. App. 2010). Successfully obtained summary judgment for employer on pregnancy discrimination claim.
• Groves v. Cost Planning and Management, Inc., 372 F.3d 1008 (8th Cir. 2004). Successfully obtained summary judgment for employer on pregnancy discrimination claim.
• Van Arkel v. Warren County, 365 F.Supp.2d 979 (S.D. Iowa 2005). Successfully obtained summary judgment for defendant on age discrimination, gender discrimination, breach of contract and Iowa Wage Payment Collection Law claims.
• Libel v. Adventure Lands of America, Inc., 482 F.3d 1028 (8th Cir. 2007). Successfully obtained summary judgment for employer on ADA and ERISA claims.
• Henthorn v. Capitol Communications, Inc., 359 F.3d 1021 (8th Cir. 2004). Successfully represented individual defendant in sexual harassment claim.
• In Re Archer Daniels Midland Co., 333 NLRB 673 (2001). Successfully represented employer in bargaining unit clarification case.
• McQuiston v. Great Plains Protein, (2010). Tried pregnancy discrimination case to jury verdict in favor of employer.
• Ruby v. Webster County, Webster County Civil Service Commission (2008). Successfully defended Webster County sheriff in multiday Civil Service Commission hearing.
• Argued age discrimination, sexual harassment and pregnancy discrimination cases before the U.S. Court of Appeals for the Eighth Circuit and obtained decisions affirming awards of summary judgment for employers.
• Perfect record in guiding employers in combating union organizing campaigns.
• Obtained NLRB dismissal of unfair labor practice charges.
• Files numerous H-1b petitions and labor certifications annually with USCIS.
• Katsar v. Pioneer Hi-Bred Int’l, Inc., (S.D. Iowa 2006). Tried disability discrimination, harassment and retaliation case to federal jury verdict in favor of employer.