Profile

Posi Oshinowo is a trusted advisor and litigator with more than a decade of experience guiding organizations through sensitive workplace crises and conflicts. Companies turn to Posi when the stakes are highest to help boards and senior executives navigate internal investigations; address diversity, equity, and inclusion (DEI) matters amid increased legal and public scrutiny; or defend against complex commercial and employment lawsuits.

Posi advises employers on reducing the risk of litigation, enhancing workplace atmosphere, and aligning DEI and compliance efforts with changing federal, state, and local laws. He excels at managing cases involving senior leaders, balancing confidentiality, impartiality, culture, and communication to safeguard the company's reputation and core values while ensuring employee trust and achieving positive outcomes.

As a trial attorney, Posi has effectively represented clients in bench and jury trials, as well as class actions and high-profile disputes, nationwide. He frequently advocates for employers in federal and state courts and agencies in cases involving various laws, including Title VII, ADA, ADEA, FMLA, Equal Pay Act, FLSA, USERRA, NLRA, Section 1981, and the False Claims Act. He possesses extensive experience in litigating cases in the "Rocket Docket" of the Eastern District of Virginia, as well as trial courts in Virginia, D.C., and Maryland.

In addition to employment litigation, Posi regularly offers advice on restrictive covenants, protection of confidential information, defamation, and complex business torts. He also helps companies create compliance strategies, staff policies, and trains executives and staff to assist employers in predicting and resolving workplace issues before they escalate into disputes.

Experience

Representative Matters

Notable Accomplishments:

  • COVID-19 & ADA Defense: Obtained 12(b)(6) dismissal of allegations that employer's COVID-19 safety protocols breached the ADA. Leggo v. M.C. Dean, Inc., cases 2023 WL 1822383 and 2023 WL 4700998.
  • FCA Retaliation & Disability Claims: Secured the dismissal of False Claims Act retaliation and Rehabilitation Act claims brought by a former CFO in Hughes v. Centurum, Inc., case 2022 WL 2802926.
  • Discrimination and Retaliation Claims: Obtained summary judgment on Section 1981, Title VII, and ADA claims in the Rassa v. Amtrak case, with the decision upheld on appeal in 850 F. App’x 1 (D.C. Cir. 2021); Successfully obtained a summary judgment dismissing various retaliation and discrimination claims in the McDougald v. EEOC et al. case, 1:16-cv-01554 (E.D. Va.).

Consulting, Investigations, DEI Compliance, and Crisis Management Experience:

  • Crisis Response: Quickly established a crisis command center, devised confidential strategies, and outlined workstreams involving legal, HR, and PR functions.
  • Strategic Planning and Regulatory Compliance: Prepared detailed reports designed to meet the scrutiny of regulatory bodies like the EEOC, OFCCP, DOL, and other enforcement agencies. Implemented thorough corrective measures, communication strategies, and lasting cultural safeguards to prevent future challenges.
  • Executive Investigations and Senior Leadership Probes: Managed cases involving top executives, emphasizing independence, confidentiality, and organizational stability. Oversaw complex investigations into senior officials, ensuring fairness, communication with stakeholders, and effective remediation plans compliant with regulatory standards.
  • General Investigations: Handled inquiries regarding discrimination, harassment, retaliation, whistleblowing, wage-hour compliance, and ethical violations.
  • Diversity, Equity, and Inclusion (DEI) Compliance:  Guided Fortune 500 companies, government contractors, and small businesses on policy adjustments and risk evaluations to conform policies and practices to Title VII, Executive Orders, and evolving state laws.

Professional Experience

  • Associate, private law practice, Washington, DC (2016-2019)
  • Associate, private law practice, Richmond, VA (2013-2016)

Affiliations

  • Fellow, Leadership Council on Legal Diversity (LCLD) 2022
  • National Black Lawyers Top 40 Under 40 (2020)
  • Academy Fellow, National Employment Law Council (2015-2016)
  • American Bar Association
  • Virginia Bar Association
  • Bar Association of the District of Columbia
  • National Bar Association

Credentials

Education

J.D., The University of Alabama Law School

B.S., Northwestern State University

Bar and Court Memberships

  • District of Columbia Bar
  • Virginia Bar
  • U.S. District Courts for the Eastern and Western Districts of Virginia
  • U.S. District Court for the District of Columbia
  • Supreme Court of Virginia

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