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Robert W. Horton

Member

Nashville

(615) 742-7708

rhorton@bassberry.com

https://www.bassberry.com/professionals/horton-robert-w/

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As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S.

Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state-by-state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.

Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state by state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.

Bob’s practice encompasses:

Employment Litigation – Defending clients in employment lawsuits across the country, including claims of age, sex, national origin, and race discrimination; retaliatory discharge based on various types of “protected conduct” such as workers’ compensation claims, FMLA leave, complaining of unlawful discrimination, and whistleblowing on patient care issues; non-compete matters and the attendant injunctive relief proceedings; employee misclassification issues; wage and hour claims; and class actions.
Employment Law Counseling – Advising clients with respect to discipline and discharge; discrimination and civil rights; sexual harassment; non-competition agreements; disability and leave issues under the ADA and FMLA; wage and hour issues; drug and alcohol testing; veterans’ employment rights; union avoidance; and, other issues.
Investigations – Assisting clients with the investigation of alleged misconduct by employees at various levels of management, from mid-level managers to senior executives, and reporting the investigation results and recommended response to senior management.
Employment Agreements/Severance – Advising clients and drafting employment agreements as well as negotiating the departure of executives and the agreements associated with such departures.

Prior to joining the firm, Bob was labor counsel with HCA where he managed employment litigation for HCA affiliated hospitals. Before his work at HCA, he practiced labor and employment law with the Houston, Texas, firm of Vinson & Elkins.

Memberships

American Health Lawyers Association (AHLA)

Representative Experience

Serco Inc. Acquires Alion’s Naval Systems Business, a Leading Provider to the U.S. Navy and Internationally

Represented Serco Inc. in its definitive Asset Purchase Agreement to acquire Alion Science & Technology Corporation’s Naval Systems Business Unit, including its Canadian business and a small number of related contract operations, for $225 million. The acquisition, subject to regulatory approvals, is expected to close in the second half of 2019. Serco Inc., a provider of professional, technology, and management services, will strengthen its presence in naval support with this acquisition, and will become a stronger integrated maritime solutions provider for the U.S Navy and other customers.

We represented Serco Inc. in its definitive Asset Purchase Agreement to acquire Alion Science & Technology Corporation's Naval Systems Business...

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Client Type: Private Company
Successful Defense of Public Utility Company in Wrongful Termination Appeal

We represented a public utility company in a former employee’s appeal to the Tennessee Court of Appeals alleging wrongful termination due to false and misleading information provided at the time of their hire. The court found that the client’s decision to terminate the plaintiff was supported by substantial evidence, ruling in our client’s favor.

We represented a public utility company in a former employee's appeal to the Tennessee Court of Appeals alleging wrongful termination...

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Client Type: Public Company
Settlement of Hybrid Class Action Case for Hospital Operator

Settled a hybrid class action case for a private hospital operator for alleged failure to pay nurses for time worked due to a time keeping system that would automatically deduct time for lunches each day

We settled a hybrid class action case for a private hospital operator for alleged failure to pay nurses for time...

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Client Type: Private Company
Successful Defense of National Restaurant Chain in Sexual Harassment and Retaliatory Allegation Arbitration

Successfully defended a national restaurant chain against sexual harassment and retaliatory discharge allegations stemming from an investigation which resulted in the Plaintiff’s termination

We successfully defended a national restaurant chain against sexual harassment and retaliatory discharge allegations stemming from an investigation which resulted...

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Client Type: Public Company
Dismissal of FLSA Claim Against Restaurant Client Upheld by Ninth Circuit

Successfully defended a national restaurant chain in a case alleging wage and hour violations

We successfully defended a national restaurant chain in a case alleging wage and hour violations. In the original case the...

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Client Type: Public Company
Premise Health Buys Health Screenings Company

Represented Premise Health in its acquisition of eHealthScreenings

We represented Premise Health in its acquisition of eHealthScreenings, national biometric screenings company. With the addition of this new set...

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Client Type: Private Company
Summary Judgment Obtained in Breach of Contract and Misappropriation of Trade Secrets Case

Obtained summary judgment on behalf of an individual client and her company in a breach of contract and misappropriation of trade secrets case arising under the Tennessee Uniform Trade Secrets Act

We obtained summary judgment on behalf of an individual client and her company in a breach of contract and misappropriation...

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Client Type: Private Company
Jury Trial Verdict Obtained for National Healthcare Provider

Obtained favorable jury verdict in lawsuit by ancillary medical services provider alleging unlawful retaliation leading to his discharge

Obtained defense verdict for a hospital in Texarkana, Texas in a retaliatory discharge lawsuit filed by a Certified Registered Nurse...

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Client Type: Public Company
Successful Defense of Retail Company in Non-Compete Case

Represented a publicly-owned specialty retailer and its subsidiary in filing a lawsuit alleging breach of multiple restrictive covenants against a former employee

Represented a publicly-owned specialty retailer and its subsidiary in filing a lawsuit alleging breach of multiple restrictive covenants against a...

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Client Type: Public Company
Defense of Health Insurance Provider against Claim of Severance Agreement Violation

Successfully negotiated a settlement in a lawsuit filed by a former executive officer for breach of a severance agreement against a national health insurance provider

Successfully negotiated a settlement in a lawsuit filed by a former executive officer against a national health insurance provider for...

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Client Type: Private Company

Publications

Supreme Court Rules on Enforcement of Class Arbitration

April 29, 2019
Bob Horton Examines Modified Work Schedule Accommodations Under ADA

August 17, 2018
Is a Reduced Work Schedule for a Full-Time Employee a Reasonable Accommodation?

July 18, 2018

Past Events

Latest Trends Regarding Pay Equity

June 12, 2019 | Nashville, Tennessee
2019 Tennessee Human Rights Commission Employment Law Seminar
Labor and Employment Law Update - 2018 in Review and What's to Come in 2019

March 5, 2019 | Nashville, Tennessee
Bass, Berry & Sims
Labor and Employment Law Update

August 28, 2018 | Nashville, Tennessee
Bass Berry & Sims Seminar

Media Mentions & Firm News

Chambers USA 2019 Recognizes 45 Firm Attorneys; Healthcare Practice Ranked Nationally for Fourth Straight Year

April 25, 2019
Benchmark Litigation 2019 Recognizes Bass, Berry & Sims and 13 Litigators

October 17, 2018
90 Attorneys from Bass, Berry & Sims Listed in The Best Lawyers in America® 2019

August 17, 2018

Accolades

Chambers USA — Labor & Employment (2010-2019)

Best Lawyers in America® — Labor Law: Management; Litigation: Labor and Employment (2019)

Benchmark Litigation — Labor & Employment Star: South (2019)

Lawdragon 100 Most Powerful Employment Lawyers (2014)

Nashville Business Journal “Best of the Bar” (2011-2012)

Human Resource Executive “Nation’s Most Powerful Employment Attorneys” (2014-2016)

HR Professionals Magazine “2013 Top Labor & Employment Law Attorneys”

Mid-South Super Lawyers (2007)

Phi Beta Kappa

Omicron Delta Kappa

Education

University of Tennessee College of Law - J.D., 1991

Order of the Coif
Southern Baptist Theological Seminary - M.Div., 1987
Louisiana State University - B.A., 1984

Admissions

Tennessee, 1995
Texas, 1991

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Chambers USA

"Chair of the firm's labor and employment group Bob Horton advises employers on a broad range of employment issues, with particular expertise in handling contentious and noncontentious noncompete matters. Clients praise him as a lawyer who is 'great, super knowledgeable and just so accessible.'"

From Chambers USA 2019