Practice Areas

Faye Caldwell serves as national litigation counsel for some of the largest drug-testing laboratories in the United States. Besides representing laboratories in litigation nationwide, the Firm provides consultation services to SAMHSA-certified laboratories regarding compliance with National Laboratory Certification Program guidelines and requirements.  On behalf of its clients, the Firm also offers its expertise in Department of Transportation enforcement proceedings arising from federally-mandated urine drug testing. 

The Firm’s detailed knowledge of federal and state regulatory requirements for workplace drug testing has time and again proven to be decisive factor in ending litigation before it begins, or if begun, successfully and efficiently terminating claims against its clients. 

The Firm’s attorneys also provide consultation services to a variety of other drug testing entities, third party administrators, consortiums, collection sites, and non-certified forensic urine drug testing laboratories regarding forensic and industry standards for drug testing.

Caldwell Everson also represents its clients in clinical malpractice actions.  

Employers face complex issues in the workplace.  Everyday issues can have far-reaching consequences, and employers need legal guidance that is comprehensive and proactive, so that today’s decision doesn’t become tomorrow’s problem.  Caldwell Everson successfully counsels employers in matters involving claims of employment discrimination, wrongful discharge, breach of contract, defamation, intentional infliction of emotional distress, covenants not to compete, and protection of confidential and trade secret information to resolve these issues as they arise, or in many cases, before they arise.  

Caldwell Everson’s success can be attributed to its practice of working closely with its clients providing day-to-day counseling and advice, audits, management training and seminars, and, when necessary, responding to claims in the administrative charge stage.  Our day-to-day counseling and advice is available not only in personnel matters including evaluation and discipline, but also in connection with force reductions and restructuring, wage/hour, OSHA, affirmative action compliance, immigration matters—including I-9 Compliance—and employee benefits issues.  We have appeared on behalf of our clients in state and federal courts and before governmental administrative agencies, including the Equal Employment Opportunity Commission, Department of Labor, Office of Federal Contract Compliance Programs, Occupational Safety and Health Administration, and their state and local counterparts if applicable. 

The Firm in-house training services include a variety of topics, such as interviewing and screening job applicants, sexual harassment prevention, effective performance reviews, termination procedures, avoiding discrimination charges and developing personnel manuals and procedures.  

  • Compliance  The laws and regulations that impact employment and labor practices are dynamic, and noncompliance and carry the risk of costly litigation and administrative penalties.  Whether seeking to update employment policies and procedures, or faced with a government audit or employee lawsuit, employers often need legal assistance to ensure compliance within their organizations.  Caldwell Everson can help clients of all sizes and in all industries achieve employment and labor law compliance objectives. 
  • Equal Employment Opportunity/Discrimination & Retaliation Claims  Caldwell Everson has extensive experience handling discrimination matters for its clients.  Caldwell Everson’s attorneys have worked with all types of discrimination cases, including age, race, national origin, gender, sexual orientation and religion, along with issues involving disability accommodation, equal pay, harassment and retaliation.  Caldwell Everson is on the forefront of new and innovative defenses in each of the key protected categories.  Whether at the administrative stage or in litigation, our representation includes clients across a broad spectrum of industries and organizations. 

    Caldwell Everson provides strategic advice on unique issues that arise in administrative cases, including responses to individual charges of discrimination, conciliation, and formulating defenses to systemic investigations tailored to the client's particular needs. 
  • Human Resource/Workforce Restructuring  Caldwell Everson has helped clients and their advisors develop the strategy and structure for workforce-changing transactions from mergers, acquisitions and spin-offs, to plant closings and outsourcing.  Our attorneys have the experience and knowledge to quickly identify and resolve the outstanding employment, labor, or benefits issues that may be crucial to a successful acquisition, merger, reorganization, downsizing, carve-out, or other corporate transaction. 

    The combined experience of Caldwell Everson allows us to quickly identify the often overlooked employment and labor law risks in the transaction and the most efficient means to eliminate or minimize those risks.  Caldwell Everson also seeks out unique opportunities to add value so that the operations involved in the transaction can yield the greatest return to our clients.  Caldwell Everson’s attorneys use their experience and knowledge everyday to help clients meet their business objectives, such as: 
  • minimizing risks;
  • favorably restructuring deal components;
  • identifying and resolving important human relations and management culture issues;
  • Texas wrongful discharge cases; 
  • preparing for and lawfully implementing reductions in force (RIFs);
  • performing deal-related HR and employment law due diligence; and
  • partnering with human resource professionals to ensure that post-closing initiatives are implemented. 
  • Unfair Competition and Trade Secrets  Caldwell Everson represents employers in disputes involving unfair competition, trade secrets, improper intellectual property disclosure, and covenants not to compete.  We understand not only the business ramifications of these situations, but also the employment implications.  Caldwell Everson helps clients to respond quickly and decisively in matters involving potential trade secret theft, confidential information disclosure, customer and employee raiding, and violations of covenants not to compete.  Caldwell Everson also counsels companies about how to hire employees from competitors without finding themselves at the receiving end of a lawsuit.    Caldwell Everson works with companies on investigations, including evaluating their options, getting into court immediately (when necessary), addressing the problem; and dealing with temporary restraining orders and preliminary injunctions; and assisting businesses in drafting enforceable confidentiality agreements and non-compete agreements, including non-solicitation clauses.


Avoiding litigation is a top priority for most employers, and Caldwell Everson is experienced in providing advice and counseling that minimizes the risk of litigation.  We believe the best and most cost-effective way to assist our clients is to work closely with corporate counsel and human resources personnel to avoid litigation.  Seeking preliminary legal advice in situations where litigation is a threat can save significant costs down the road. 

While the Firm frequently advises clients on preventive and cost-effective alternatives, civil litigation is an unavoidable reality in the business world and litigation defense is a significant part of Caldwell Everson’s practice.  When facing employment litigation, employers need fast, effective, and focused legal assistance. 

Caldwell Everson represents clients before state and federal trial and appellate courts in lawsuits pertaining to every employment matter, including the following: 

  • wrongful discharge and termination claims; 
  • benefits litigation involving wage and hour issues, unpaid commissions, vacation pay, severance pay, OSHA and ERISA; 
  • contract and labor disputes;
  • unfair competition and trade secrets;
  • employment discrimination;
  • sexual harassment; 
  • employment class action claims.

 

Caldwell Everson helps employers of all sizes in various industries defend against employment-related litigation.  The Firm’s litigation experience affords up-to-date knowledge on how courts are ruling, allowing Caldwell Everson to pursue cutting-edge strategies for clients.  The Firm has the knowledge and resources to act quickly when a lawsuit arises, and help limit clients’ exposure and costs.  Most importantly, Caldwell Everson takes a broad view of each case, considers how it affects the client’s overall employment picture, and works to achieve outcomes that meet the client’s business goals. 

Business disputes can disrupt your operations or threaten the very existence of your company.  While business people may wish they did not have to deal with business disputes and business litigation, ignoring the existence of such disputes will not make them go away.  Caldwell Everson helps business owners take actions to avoid such disputes, and when faced with a business dispute, deal with such matters in a strong, decisive, sensible manner.  Caldwell Everson is experienced in managing all kinds of business negotiations and disputes, as well as providing practical insight about the day-to-day legal concerns in running a business. 

Caldwell Everson has successfully handled many types of business disputes, including the following: 

  • breaches of contract;
  • breaches of warranty;
  • breaches of confidentiality and non-competition agreements; 
  • efforts to collect accounts payable;
  • failure to perform as agreed;
  • partnership disputes; 
  • consumer complaints; 
  • general contract disputes; 
  • tortious interference with contract; 

 

One mark of a great firm is their ability to not only try cases to verdict but also to take cases to the “next level,” the appellate courts.  Caldwell Everson handles clients’ appellate work and helps its clients identify and preserve potential appellate issues while the case is still in trial, prepare appellate briefs, achieve results when seeking extraordinary relief, and most importantly, analyze the cost-effectiveness of seeking such relief. 

 

 

 

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