Edward S. Schenk, III

Edward Schenk is an attorney who helps companies resolve complex workforce issues and disputes with business competitors. He represents clients across the United States in virtually all aspects of state and federal employment law, including traditional discrimination and anti-retaliation laws; wage and hour collective and class action defense; trade secret misappropriation; noncompetition litigation; computer trespass; employee data theft; M&A transactional due diligence (L&E); intra-corporate and partnership disputes; workforce integration; and unfair trade practices. Working with the firm’s Intellectual Property, Corporate, Cybersecurity, Employee Benefits and Health Care teams, Edward’s clients include domestic and foreign companies in the technology, life sciences, pharmaceutical, digital marketing, search engine optimization (SEO), health care, performance textiles, restaurant and hospitality, construction and manufacturing industries.

Traditional Employment Law

General counseling and litigation involving:

• Title VII and Title IX (including accusations of discrimination and retaliation based on race, sex, national origin and religion)
• Age and disability discrimination (ADEA, OWBPA, ADA)
• Public and facilities access and accommodations (Section 504)
• Federal and state wage and hour law, including independent contractor misclassification, white collar and other overtime exemptions and other fair labor standards (FLSA)
• Complex medical leaves (FMLA, ADA and workers’ compensation)
• Investigations, audits and enforcement actions by the EEOC, Dept. of Labor and OFCCP

Trade Secrets, Restrictive Covenants and Employee Mobility

General counseling and litigation:

• Breach of employment and restrictive covenant agreements involving noncompetition, nonsolicitation, nondisclosure, proprietary information and intellectual property assignments
• Breach of fiduciary duty, self-dealing and usurping corporate opportunities
• Misappropriation of trade secrets, employee data theft and conversion
• Unfair or deceptive methods of competition
• Computer fraud, abuse and trespass
• Tortious interference with contract
• Civil conspiracy, and aiding and abetting
• Electronic monitoring of employee activity via traditional surveillance, GPS, web platforms, email, mobile device management and sociometrics

Transactional Employment Law:

Merger and acquisition due-diligence, planning and post-closing risk mitigation regarding:

• Reductions-in-force (RIFs), layoffs and closures
• Successor-in-interest liability for state and federal employment law compliance
• Occupational, safety, health and workers’ compensation liabilities (OSHA)
• Executive compensation and employment agreements
• Workforce integration, training and education

Edward has been named a "Labor and Employment Star" by Benchmark Litigation (2020-present). He is listed in The Best Lawyers in America® for Workers' Compensation Law-Employers; Litigation-Labor and Employment; and Employment Law-Management (2013-present), he has been named among North Carolina's "Legal Elite" for Employment Law by Business North Carolina magazine (2016-present) and was recognized as a leading labor and employment attorney by Chambers USA (2017). He was listed as a “Rising Star” by North Carolina Super Lawyers magazine in 2011 and 2012, and he was included in Business North Carolina's “Young Guns (Best Under 40)" listing in 2013.  Edward has been given an “AV Preeminent” rating by Martindale-Hubbell, the highest rating available.

He earned his Juris Doctor degree, cum laude, from Campbell University and his Bachelor of Arts degree from the University of North Carolina at Wilmington.