KevinM.
Cloutier

Partner•Partner and Vice Chair of the Executive Committee
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Kevin Cloutier

Overview

Sheppard Vice Chair Kevin Cloutier helps shape the firm’s strategic growth and operational excellence while fostering a highly collaborative culture. He helps lead both firmwide strategy and day-to-day execution, with direct responsibility for practice group management, lateral partner recruiting and performance improvement. 

Kevin plays a central role in aligning practice groups, offices and cross-functional teams with Sheppard's overall vision, ensuring that talent integration and resource allocation support both client service and firm performance. As a member of the Executive Committee, Diversity & Inclusion Strategic Council and Affinity Group Leadership Committee, he helps shape policies that reflect the firm's core values and commitment to legal excellence.

Kevin is a nationally recognized trial lawyer and employment attorney with a distinguished legal practice that complements his leadership. With first-chair trial experience across state and federal courts, he has successfully argued precedent-setting cases and has represented clients in over 25 states. Twice honored as “Litigator of the Week” by The American Lawyer, Kevin’s has been named a “Best Lawyer in America” by Best Lawyers (2014–2026) and a “Labor and Employment Star” by Benchmark Litigation (2018–2023).

Beyond his client work, Kevin is deeply committed to pro bono service. He has successfully represented incarcerated and underserved clients in federal court and regularly advises non-profit social service agencies on employment matters, reflecting his dedication to justice and community impact.

Experience

Recent Litigation Matters

  • Obtaining reversal and mandated judgment for a national carrier client in an appeal before the Eighth Circuit in an employee raiding, non-compete, and tortious interference case
  • Obtaining multiple temporary restraining orders, preliminary injunctions and permanent injunctions in non-compete, unfair competition, deceptive trade practices and trade secrets cases around the country on behalf of national security services firm
  • Obtained temporary restraining order and preliminary injunction in a trade secret and non-solicit case in Texas
  • Representing a national transportation company in nationwide FLSA "off-the-clock" action, successfully compelling arbitrations and negotiating favorable settlement
  • Successfully defending against and defeating conditional certification in a nationwide FLSA “off-the-clock” action
  • Successfully representing an international pharmaceutical company in a multi-million dollar stock option breach of contract action and obtaining summary judgment in favor of client
  • Successfully representing a geospatial solutions provider in trade secrets misappropriation case in Oregon State and obtaining temporary restraining order sidelining departing employees and preventing misappropriation
  • Representing an international carrier in a retaliatory discharge case in federal court, obtaining summary judgment in district court and successfully arguing appeal before the Seventh Circuit that resolved in favor of employers a critical and unsettled question of law regarding the proper standards for retaliatory discharge cases under Illinois law when litigated in federal courts
  • Successfully representing an international carrier in a series of FLSA misclassification arbitrations
  • Successfully representing a pro bono client in a Seventh Circuit discrimination action
  • Representing an international construction services firm in a FLSA collective action and state law class action alleging misclassification of employee FLSA exemptions for overtime purposes and failure to pay overtime
  • Successfully representing an international pharmaceutical company in False Claims Act “whistleblower” action and obtaining summary judgment in favor of client
  • Successfully representing an international architectural services outsourcing firm in multi-day arbitration against former executive for severance claim
  • Representing a hedge fund and a newly hired employee in Illinois state court in a “non-compete” and employee non-solicitation case, successfully overcoming the former employer’s motion for a temporary restraining order and prevailing in arbitration before FINRA
  • Successfully representing a private equity client and a portfolio company’s board of directors in a commercial arbitration breach of contract case against a former executive of the portfolio company
  • Successfully representing a pro bono client before the Seventh Circuit Court of Appeals in a Section 2255 motion to vacate a judgment
  • Representing a national healthcare company in federal court in a “non-compete” and trade secret case, which resulted in a temporary restraining order against a former employee and a competitor
  • Representing a national software development company in Alabama state court in a non-compete and employee raiding case, which resulted in a temporary restraining order and preliminary injunction against former employees and competitor
  • Representing a national manufacturing company in South Carolina state court in an unfair competition, deceptive trade practices, trade secret and employee raiding case, which resulted in a preliminary injunction in favor of client against a former employee and competitor
  • Representing a healthcare employer in a labor discharge arbitration, which resulted in an award denying the employee’s grievance and affirming the client’s discharge decision based on “just cause”
  • Representing a national manufacturing client in a retaliatory discharge case in Illinois state court and obtaining a dismissal on summary judgment
  • Representing a national healthcare employer in a breach of contract and fraud case in Illinois state court and obtaining a dismissal based on ERISA preemption
  • Representing a national health and pharmaceutical research company in a disability (ADA) discrimination and denial of benefits (ERISA) case in federal court and obtaining a dismissal on summary judgment
  • Representing an international financial services fund in commercial arbitration case involving enforceability of restrictive covenants, bonus compensation eligibility and forfeiture of deferred compensation benefits, which resulted in an award in favor of the employer and dismissal of the employee’s claims after a full evidentiary hearing
Credentials
Education

J.D., Indiana University, 1999, cum laude, Indiana Law Journal

B.A., Hamilton College, 1994, with honors

Admissions

Indiana

Illinois

Michigan

Texas

Wisconsin 

U.S. District Court, Central District of Illinois

U.S. District Court, Northern District of Illinois

U.S. District Court, Southern District of Illinois

U.S. District Court, Northern District of Indiana

U.S. District Court, Southern District of Indiana

U.S. District Court, Eastern District of Michigan

U.S. District Court, Western District of Michigan

U.S. District Court, Western District of Texas

U.S. District Court, Eastern District of Texas

U.S. District Court, Southern District of Texas

U.S. District Court, Northern District of Texas

U.S. District Court, Eastern District of Wisconsin

U.S. District Court, Western District of Wisconsin

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

Honors

Recommended Lawyer, Legal 500 US, 2024

Labor and Employment Leader, Crain's Chicago Business, 2023

Labor and Employment Star, Benchmark Litigation, 2018-2023

Illinois Super Lawyer, Super Lawyers, 2013-2026

Best Lawyer in America, Best Lawyers, 2014-2026

Rising Star, Illinois Super Lawyers, 2010-2012

Legal 500 Recommended Lawyer 2024
Memberships

Member, Society for Human Resources Management (SHRM)

Member, Labor and Employment Section and the International Law Section, American Bar Association

Member, Houston Bar Association

Member, Chicago Bar Association

Member, U.S. Soccer Federation (Licensed U.S. Soccer Coach)

Member, Sports Lawyers Association

Member, Canadian-American Bar Association

Thought Leadership

Kevin is often invited to present at professional associations and industry seminars. He has presented a number of seminars on the interplay of the American with Disabilities Act, the Family and Medical Leave Act and Workers’ Compensation laws. In addition, he recently delivered a presentation regarding employment issues facing private equity firms and their portfolio companies and common employment issues arising in corporate transactions. He has also presented on employee (mis)classification issues under wage and hour laws and on emerging issues in trade secrets laws and noncompetes.

  • "Engaging in Discovery on Behalf of Plaintiffs in Trade Secret Misappropriation and Breach of Restrictive Covenant Actions," Lexis Practice Advisor, January 27, 2017
  • "What Organizations Need to Know When Facing Conditional Certification Under Section 216(B) of the FLSA,"Thomas Reuters, August 2016
  • Co-Author with C.T. Oblander and K. Zeabart, “EPLI, Invasion of Privacy, and Identity Theft,” The John Liner Review, Vol. 19, No. 3, 21-35, Fall 2005
  • He also has previously published articles in the Employment Law Strategist. 
“Excellence starts with culture. When people believe in each other and what they stand for, excellence follows—and clients can feel it.”
—
Kevin Cloutier