Latest Accomplishments
- Expert Report on Non-Competes, Sale of a Business utilized in resolving litigation.
- Elected Board Member: Recovery Friendly Leader, Emeritus Director - Legal Advisor.
- Engaged in early mediation to assist client with resolution of three cases with high-demands, resulting in low cost settlement.
- Conducted independent investigation on sensitive complaints, and provided specific findings and recommendations leading to resolution of claims and better work environment.
Summary
Clients appreciate Mr. Rotter's practical advice, leading to efficient and successful results. Mr. Rotter provides advice and counsel to companies on everyday employment issues in addition to complex problems affecting his clients' ability to operate as effectively as possible. Mr. Rotter partners with Human Resources and Management to maintain safe, positive workspaces, and happy employees.
Mr. Rotter excels in providing real-world guidance, performing top-notch investigations, conducting effective company trainings, mediating conflict, and engaging in litigation when necessary. Mr. Rotter works with employers of all sizes - from small businesses to national companies based primarily in Colorado and Illinois.
Before founding The Workplace Counsel, Mr. Rotter was an employment litigator with two Am Law 100 firms, a federal prosecutor, a postal services litigator, and a human resources consultant.
Family
Mr. Rotter and his wife are very proud of their three kids, especially with their patience for dad jokes. Die-hard skiers, Chicago Bears fans, and pretty decent surfers, they love their sports, mountains, and ocean adventures.
Early Career
After graduating from Northwestern University with a Psychological Services degree, Mr. Rotter began his career as a human resources consultant for employers across various industries. He co-founded a recruiting and consulting firm to assist companies with workplace issues, talent development, and hiring practices.
Mr. Rotter attended University of Denver Sturm College of Law and joined the Postal Service Employment Law Department where he investigated, litigated, and mediated numerous discrimination and retaliation charges by employees.
In 2008, Mr. Rotter was appointed as a Federal Prosecutor in Chicago to investigate and charge white-collar crimes, and worked closely with Federal agents to investigate, indict, and sentence employees and federal contractors engaged in fraud, waste, and abuse. Mr. Rotter charged over 75 defendants between 2008-2013 in crimes involving employee theft, fraud, bribery, and embezzlement, in addition to defendants guilty of mortgage fraud, gun and drug violations, counterfeiting, and robbery.
Workplace Law
In 2013, Mr. Rotter returned to focusing on the workplace and assists clients with defending against claims, charges, and external investigations, in addition to prosecuting employees involved in wrongdoing such as fraud and trade secret theft. Mr. Rotter worked for the two biggest employment law firms before opening his own practice.
Clients of The Workplace Counsel appreciate Mr. Rotter's practical advice, leading to efficient and successful results whether involving litigation, investigations, or settlement. Mr. Rotter provides advice and counsel to companies on everyday employment issues in addition to complex problems affecting his clients' ability to operate as effectively as possible. Mr. Rotter also conducts human resources and management training in an effort to assist clients with creating and developing positive workplaces and litigation avoidance.
Education
University of Denver Sturm College of Law, J.D., 2005
Northwestern University, B.S., Psychological Services, 1995
Bar Admissions
Colorado, 2006
Illinois, 2013
United States Supreme Court
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, District of Colorado
U.S. District Court, Northern District of Illinois
Board Member
Recovery Friendly Leader, Emeritus Director - Legal Advisor
Notable Cases
Mr. Rotter has extensive litigation experience, including the following:
Employment Litigation
- Obtained complete defense verdict in U.S. District Court jury trial on behalf of Fortune 500 client against former employee's discrimination and harassment claims.
- Defended national residential and hospitality property owner and operator against former employee's claims of Title VII sex and race discrimination and retaliation resulting in full dismissal of claims.
- Successfully defended employer's termination of employee based on safety concerns in MSHA/OSHA trial and against employee's discrimination and retaliation claims.
- Defended numerous clients against employee charges of discrimination, retaliation, harassment, leave, wage and hour, and other employment claims before the EEOC, DOL, NLRB, and various state agencies.
White-Collar/Workplace Investigations and Defense
- Successfully defended Colorado-based company against grand jury investigation and potential charges for alleged EPA/OSHA violations.
- Obtained Restraining Order against client's former employee after threats of workplace violence.
- Successfully obtained dismissal of ADA Title III violations brought by restaurant patron.
- First-chaired litigation asserting civil theft charges against employee engaged in fraud and embezzlement.
Restrictive Covenant Litigation
- Successfully defended national media company and its newly hired employee against allegations by competitor for trade secret violations, breach of non-compete, and tortious interference.
- Prosecuted former employee of client after breach of non-solicitation and non-competition agreement, resulting in issuance of permanent injunction.
- Successfully defended numerous clients against allegations of trade secret violations and tortious interference of contract, leading to defeats of restraining orders and eventual case resolution with zero damages.
Accolades
- Colorado Super Lawyers, Labor and Employment Law, 2020-2025
- Award for Prosecutorial Excellence, Office of Inspector General, United States Postal Service
- Bruce B. Johnson Memorial Scholarship, University of Denver, Sturm College of Law
- Evans Scholar Recipient, Northwestern University
Speaking Engagements
- How to Conduct Effective & Complaint Investigations, Client Training, April 2025
- "Executive Orders - Impact on the Workforce," Mile High SHRM Legal Update, March 2025
- "Powerful Investigations," Mile High SHRM Annual Conference, February 2025
- "If you see something...act immediately! Reasonable Suspicion Training for Managers," Client Training, August 2024
- "Spill the Tea! Working Best with Outside Counsel," Mile High SHRM Webinar, June 2024
- "The POWR Act & its Impact on Colorado Employers," Webinar, April & May 2024
- "Crack the Code to Workplace Gender Equality," Mile High SHRM Webinar, April 2024
- "Harassment: New Definitions and Employer Obligations," Client Training, February 2024
- "How to Properly Identify and Investigate Workplace Issues," Client Training, November 2023
- Presentation on White Paper: "Artificial Intelligence in the Workplace: Why does the EEOC care?" September 2023
- "Best Practices for HR: Employment Litigation and Outside Counsel," Webinar, September 2023
- "Reasonable Suspicion Training: Evaluating Impaired Behavior in the Workplace," Client Training, National, April 2023
- "Workplace Violence: Prevention and Action," Client Training, National, March 2023
- "Sexual Harassment Training for Managers," Client Training, Colorado Springs, Colorado, February 2023
- "Legal Update: Mostly the FAMLI with a bit of Privacy, Wage Act, and CADA," Mile High SHRM, Denver, Colorado, November 2022
- "Best Investigation Practices for HR," Client Training, Chicago, Illinois, October 2022
- "Colorado's New Non-Compete Laws," Webinar, Denver, Colorado, June 2022
- "All in the FAMLI," Mile High SHRM, Denver, Colorado, June 2022
- "Colorado Employment/HR Legal Impact," Webinar, Denver, Colorado, January 2022
- "Impact of New Colorado Labor Laws on Your Business," Webinar, Denver, Colorado, August 2021
- "Healthy Families and Workplaces Act," Client Training, Denver, Colorado, July 2020
- "Sick Leave and C19 - FFCRA, EFMLA, and PSL," Client Training, Denver, Colorado July 2020
- "Manager Training: Legal Updates and You," Client Seminar, Chicago, Illinois, June 2020
- "Managing C19 and Your Workplace," Client Seminar, Denver, Colorado, April 2020
- "Closing the Gender Gap," The Workplace Counsel, Denver, Colorado, November 2019
- "Illinois Workplace Law Refresher and Updates," Client Seminar, Chicago, Illinois, November 2019
- "Workplace Violence Prevention: Enabling a Safe Environment," Client Seminar, Denver, Colorado, September 2019
- "Workplace Investigations: Employment Issues and Protecting the Business," Client Training, Chicago, Illinois, April 2019
- "The Gender Gap: Doing More for the Workplace," Client Training, Chicago, Illinois, March 2019
