Mr. Bixenstine is a partner in the Vorys Cleveland office and a member of the labor and employment group. He is a certified specialist in employment and labor law and a fellow in the College of Labor and Employment Lawyers. Mr. Bixenstine represents employers in employment and labor litigation as well as providing legal counsel and advice in a wide range of employment-related issues. He has litigated claims involving breach of contract, wage and hour, FMLA, hostile environment, sex harassment, wrongful termination, and age, race, religious and national origin discrimination. He has led a variety of trials and arbitrations in state and federal courts involving ERISA claims and restrictive covenant damages claims. He has also defended and sought injunctive relief involving restrictive covenants and trade secrets. He is a strong proponent of alternative dispute resolution (ADR) and has extensive experience drafting and implementing ADR programs.
Career highlights include:
- For a manufacturing company, navigated non-competition law, and the Ohio law of arbitrability and the enforcement of arbitration awards, to obtain a very favorable recovery.
- For a medical center, successfully prevented the encroachment of the law of defamation into the process of making post-employment rehire recommendations.
- For a manufacturing company, successfully upheld critical non-competition covenants against a departing executive in the fact of claims in multiple forums.
- For a manufacturing company, successfully defended layoffs against WARN Act accusations while establishing critical WARN Act principles in the Sixth Circuit, in Oil, Chemical and Atomic Workers Intern. Union, Local 7-629, AFL-CIO v. RMI Titanium Co.,199 F.3d 881 (6th Cir. 2000)
- Handled the statistical components of the successful defense of the entity that created a firefighters test challenged as having a disparate impact on minorities.
- Obtained a ruling in the Ohio Supreme Court vacating an adverse appellate court ruling attempting to exclude intentional tort claims from the scope of arbitration agreements.
Mr. Bixenstine is a member of the American Bar Association, Ohio State Bar Association and Cleveland Metropolitan Bar Association. He is a member and past chair of the Labor Advisory Committee of the American Arbitration Association. He is also a past chair of the Federal Court Panel of Alternative Dispute Resolution of the Northern District of Ohio Management Employees Association.
Mr. Bixenstine has made several presentations and many articles involving both employment law and ADR.
Mr. Bixenstine received his J.D. from the University of Chicago. He holds a Ph.D. in political science and a master’s degree in statistics from Indiana University. He received his bachelor’s degree from Kent State University.
Honors & Awards
- Cleveland's Best Lawyers, 2012
- Ohio Super Lawyers, Employment and Labor, 2004-2013
- The Best Lawyers in America, Employment Law - Management, 2012-2013
- The Best Lawyers in America, Litigation - Labor & Employment, 2012-2013
- Chambers and Partners, Leading Lawyer in Labor & Employment, 2012
- Martindale-Hubbell AV Peer Review Rated
- Vorys Attorneys Recognized as 2013 Ohio Super Lawyers and Rising Stars
- 126 Vorys Attorneys included in the 2013 The Best Lawyers in America® List
- Thirty-five Vorys Attorneys Listed in 2012 Edition of Chambers USA
- 75 Vorys Attorneys Recognized as 2012 Ohio Super Lawyers and Rising Stars
- More than 100 Vorys Attorneys named on 2012 The Best Lawyers in America® List
- Vorys Adds New Partner to Labor and Employment Group