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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’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

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
Summary Judgment Obtained for National Life Insurance Provider and Affirmed by Sixth Circuit

Obtained summary judgment for a national life insurance provider in a case involving intertwined allegations of FMLA and ADA discrimination, retaliation, and failure to accommodate

Obtained summary judgment for a national life insurance provider in a complicated FMLA and ADA discrimination and retaliatory discharge case....

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Client Type: Public Company
Dismissal of Retaliation Lawsuit against Hospital Client

Obtained dismissal of a retaliation lawsuit filed in Texas against our hospital client and several other individual defendants by a plaintiff who alleged the defendants violated the Texas Occupations Code by discharging him for complaining about certain hospital practices

Represented a hospital in a retaliation lawsuit filed in Texas alleging our client and several other individual defendants violated the...

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Client Type: Public Company

Publications

Bob Horton and Courtney Williams Examine 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
Bob Horton Addresses Future of Class Action Waivers in Arbitration Agreements

July 2, 2018

Upcoming Events

Labor and Employment Law Update - 2018 in Review and What's to Come in 2019

March 5, 2019 | Nashville, Tennessee
Bass, Berry & Sims Seminar

Past Events

Labor and Employment Law Update

August 28, 2018 | Nashville, Tennessee
Bass Berry & Sims Seminar
Responsible Transparency: How Health Systems Deal with Bad Behavior

June 12, 2018 | Webinar
2018 MidSouth Compensation Symposium

June 8, 2018 | Nashville, Tennessee
MT|SHRM

Media Mentions & Firm News

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
42 Firm Attorneys Recognized by Chambers USA 2018; Healthcare Practice Ranked Nationally

May 3, 2018

Accolades

Chambers USA — Labor & Employment (2010-2018)

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

"Bob Horton offers notable expertise in noncompete agreements, discrimination lawsuits and contract drafting, as part of his broad labor and employment practice. One source notes: 'He's done an outstanding job of guiding us through every stage of the legal system,' while another adds: 'I marvel at how smooth and effective he is in presenting his argument.'"

From Chambers USA 2017