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April Boyer

Partner
+1.305.539.3380
Fax +1.305.358.7095

April Boyer focuses her practice on employment law and complex commercial litigation where she serves as lead trial counsel for companies involved in disputes in state and federal courts, in arbitrations, and before administrative agencies.  She handles all aspects of litigation including preliminary and permanent injunction hearings, evidentiary hearings, bench trials, arbitrations and jury trials.  As described in more detail in the Achievements section, Ms. Boyer has been recognized by her peers for her accomplishments, including being listed in Best Lawyers in America in the area of Labor Law-Management.  She also is an AV-rated lawyer — the highest available rating given by Martindale Hubbell for legal ability and professional ethics.

In the area of complex commercial litigation, Ms. Boyer helps companies resolve their business disputes with competitors, customers, vendors, and others with whom they conduct business.  Much of her experience relates to disputes between competitors, including misappropriation of trade secret claims, breaches of nonsolicitation and nondisclosure provisions contained in business contracts (such as letters of intent, purchase agreements, and joint venture agreements), and tortious interference with contracts and business relationships.  She also prosecutes and defends other business dispute claims including breach of contract claims, violations of Florida’s Deceptive and Unfair Trade Practices Act, consumer fraud, slander/defamation, and other civil disputes. 

In the area of employment law, she defends employers faced with employment law disputes such as wage and hour claims, discrimination, harassment and/or retaliation lawsuits, whistleblower actions, and ERISA fiduciary duty claims.  Ms. Boyer also has significant experience litigating misappropriation of trade secrets claims and breaches of restrictive covenants (e.g., noncompete, nonsolicit, and nondisclosure agreements).  As lead counsel, Ms. Boyer has handled a myriad of restrictive covenant/trade secret injunction proceedings.  While most of these cases resolve at the injunction phase, Ms. Boyer served as lead counsel for the plaintiff/competitor in a jury trial where the plaintiff was awarded compensatory and punitive damages for breach of its restrictive covenants and tortious interference by competitor with those contracts. 

In addition to resolving employment disputes when they occur, Ms. Boyer counsels her clients on employment issues before they become disputes.  In the area of restrictive covenants and trade secrets, Ms. Boyer drafts and interprets the enforceability of contracts containing these provisions. Ms. Boyer trains and counsels employers on making day-to-day employment decisions to ensure compliance with applicable employment laws and regulations.  She also assists employers in conducting internal audits to ensure legal compliance, represents employers when being audited by state and federal regulatory agencies, and advises companies and their Officers and Directors in company investigations (including ethics concerns and harassment/discrimination claims) and in corporate governance disputes.  Ms. Boyer also drafts and prepares handbooks and related policies for employers, conducts trainings on those policies,  and counsels and trains company personnel on ethics and code of conduct compliance, diversity training, and the Foreign Corrupt Practices Act.

Professional Background

Prior to joining K&L Gates, Ms. Boyer was in private practice in Pittsburgh, Pennsylvania from 1996 to 2001, with a practice in the areas of employment law, complex commercial litigation, civil rights discrimination, and white-collar criminal law. In 2001, Ms. Boyer relocated to Miami, Florida and joined K&L Gates.

Ms. Boyer speaks regularly on employment law issues, including providing presentations to the Dade County Bar Association (Bench & Bar Conference), internal and external K&L Gates CLE courses, the Greater Miami Chapter of the Society for Human Resources and serving as a faculty member for the Basic Labor and Employment Florida Bar CLE Committee. Ms. Boyer also provides interviews for various national and local media outlets, including NBC’s The Today Show, the Miami Herald, the Daily Business Review, public radio, and The Morning Show on WSFL-TV (SFL).

Achievements

  • Best Lawyers in America, Labor Law - Management, 2015, 2016, 2017, 2018
  • AV® Preeminent- rated lawyer Martindale Hubbell
  • Selected to the Florida Super Lawyers list, Super Lawyers Magazine, 2006- 2007, 2009–2017
  • Top Lawyer, South Florida Legal Guide, 2013–2017
  • Legal Elite - Labor & Employment, Florida Trend magazine, 2007-2008, 2011, 2014, and 2017
  • Virginia S. Mueller Outstanding Member Award, National Association of Women Lawyers, 2013
  • Listed, Top 50 Entrepreneur in South Florida, Business Leader, 2012
  • Honoree, 40 Under 40, South Florida Business Journal, 2011
  • Top Up and Comer, South Florida Legal Guide, 2010 and 2012
  • Finalist, Key Partners Award, Legal Labor and Employment Law, South Florida Business Journal, 2006
  • Finalist, Key Partners Award, Employee Law, South Florida Business Journal, 2009
  • Honoree, 40 Under 40 Outstanding Lawyers of Miami-Dade County, Cystic Fibrosis Foundation, 2009
  • Finalist, Key Partners Award, Legal Labor and Employment Law, South Florida Business Journal, 2006
  • Legal Elite - Up and Comer, Florida Trend magazine, 2005–2006
  • Honoree, Heavy Hitter: Human Resources, South Florida Business Journal, 2005

Professional/Civic Activities

  • National Association for Women Lawyers (“NAWL”)
    • Member, 2007–present
    • Planning Committee for NAWL Annual Meeting, 2011–present
      • Co-Chair, Program Subcommittee, 2016
      • Co-Chair, Program Book Subcommittee, 2015
      • Co-Chair, Sponsorship Subcommittee, 2013
      • Committee Member, Sponsorship Subcommittee, 2011, 2012, 2014
    • Planning Committee for NAWL Regional General Counsel Institute
      • Committee Member, Marketing Subcommittee, 2016
      • Committee Member, Program Subcommittee, 2016
    • Planning Committee for NAWL Mid-Year Meeting
      • Co-Chair, Mid-Year Planning Meeting, 2018
      • Co-Chair, Sponsorship Subcommittee, 2014
      • Co-Chair, Marketing Subcommittee, 2013
      • Committee Member, Sponsorship Subcommittee, 2011
      • Committee Member, Logistics Subcommittee, 2011
    • Planning Committee for NAWL Miami Night of Giving Charity Event
      • Committee Chair, 2010
      • Committee Member, 2009
    • Planning Committee for NAWL Austin Program
      • Committee Member, Sponsorship Subcommittee, 2016
    • NAWL Challenge Club, member 2015–present
  • Women’s Fund of Miami-Dade
    • Board of Directors, 2011–-present
    • Co-Chair “Raise the Bar” Charity Event, 2006–present
    • Co-Chair, Nominations Committee, 2013–2016
    • Co-Chair, Ad Hoc Governance Committee, 2015–2016
    • Committee Member, Development Committee, 2013–present
    • Committee Member, Governance Committee, 2016–present
  • Litigation Counsel of America
  • Member, Labor and Employment Law Section, The Florida Bar Member
  • Member, Florida Association for Women Lawyers Miami-Dade Chapter
  • President, Florida Tower Condominium Association, 2004-2008
  • Member, Dade County Bar Association’s Black History Month Award Selection Committee, 2017

Speaking Engagements

  • “Labor and Employment: Non-Compete Law,” Panelist, Miami-Dade Florida Association for Women Lawyers, Corporate Counsel Summit, Miami, February 2017 
  • “Labor and Employment and Workplace Safety: 2016 Year in Review and 2017 Outlook,” K&L Gates Webinar, January 2017
  • “Zika Virus Webinar,” K&L Gates Webinar, October 2016
  • “Seal Your Success: Master Trends in Labor and Employment Law: The Year in Review,” Presenter, National Association Women Lawyers 12th Annual General Counsel Institute, New York, November 2016
  • “Learning the Ropes: EU and Middle East Employment Law,” K&L Gates Webinar, March 2016
  • “Linking In: How to Enhance Your Legal Marketing, Trial, and Other Practitioner Skills Through Social Media,” Moderator, National Association Women Lawyers 2016 Annual Meeting and Awards Luncheon, New York, July 2016
  • “Common Wage & Hour Issues in the Hospitality Industry,” K&L Gates Webinar, June 2016
  • Employment Law Webinar Series: Managing Discrimination Risks in a Global Context, K&L Gates Webinar, March 2016
  • “Current Developments in Labor & Employment,” Dade County Bar Association Bench & Bar Conference, February 2013
  • “Americans with Disability (ADA) Amendments Act of 2008 & Family Medical Leave Act,” The Florida Bar’s Basic Labor and Employment CLE, March 2009
  • “Employment Law Update: What’s New and What’s News in 2008,” Society for Human Resource Management, September 2008
Presentations
Ms. Boyer speaks regularly on employment law issues, including providing presentations to the Dade County Bar Association (Bench & Bar Conference), internal and external K&L Gates CLE courses, the Greater Miami Chapter of the Society for Human Resources, and serving as a faculty member for the Basic Labor and Employment Florida Bar CLE Committee.  Ms. Boyer also provides interviews for various national and local media outlets, including NBC’s The Today Show, the Miami Herald, the Daily Business Review, public radio, and The Morning Show on WSFL-TV (SFL). 

Television/Radio/Webcast

  • Interview, Pete Biz Radio on WBRN, June 21, 2017
  • Interview, WSRadio.com, May, 2, 2012
  • Interview, The Morning Show on WSFL-TV (SFL), 2010
  • Interview, “Finding Romance at the Office,” The Today Show, July 5, 2007
  • Interview, “New Overtime Laws,” Live 85 - 850 AM, August 23, 2004
Publications
  • Author, “Employers, your to-do list needs to include preventing violence in the workplace,” Miami Herald, June 26, 2017
  • Co-author, “Arbitration Is Back on the Docket: The Supreme Court to Review the Enforceability of Class Action Waivers in Employment Arbitration Agreements,” Financial Institutions and Services Litigation Alert, January 27, 2017
  • Co-author, “Arbitration Is Back on the Docket: The Supreme Court to Review the Enforceability of Class Action Waivers in Employment Arbitration Agreements,” The National Law Review, January 26, 2017
  • Co-author, “Predictive Scheduling: An Expanding Trend Impacting the Food Service, Hospitality, and Retail Industries,” Food Industry Alert, October 17, 2016
  • Co-author, “Predictive Scheduling: An Expanding Trend Impacting the Food Service, Hospitality, and Retail Industries,” The National Law Review, October 17, 2016
  • Co-author, “Several Months Into Having Federal Protection for Trade Secrets: What Are We Learning?”, Labor, Employment and Workplace Safety Alert, September 29, 2016
  • Co-author, “Zika Virus: What Do Employers Need To Know?”, Labor, Employment and Workplace Safety Alert, September 28, 2016
  • Co-author, “Considerations for Hospitality Industry Employers as They Continue to Prepare for New Salary Thresholds Under White-Collar Overtime Exemptions,” Labor, Employment and Workplace Safety Alert, September 16, 2016
  • Co-author, “Many Employers Will Need to Raise Salaries to Qualify for Overtime Exemption,” Daily Business Review, June 21, 2016
  • Co-author, “The Supreme Court Charts a Narrow Course in the Use of Statistical Evidence at Class Certification,” Financial Institutions and Services Litigation, March 30, 2016
  • Co-author, “The Supreme Court Charts Narrow Course for Stats in Class Certification,” Daily Business Review, March 30, 2016
  • Co-author, “Independent Contractor Classification Under Scrutiny in New DOL Guidance,” Daily Business Review, August 13, 2015
  • Co-author, “The new approach to managing a global workforce,” Miami Herald, July 25, 2015
  • Co-author, “EEOC Files Landmark Suits Challenging Transgender Discrimination Under Title VII,” K&L Gates Labor, Employment and Workplace Safety Alert, January 16, 2015
  • Co-author, “Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule,” K&L Gates Commercial Disputes Alert, April 10, 2013
  • Co-author, “2013 US Labor and Employment Horizon,” K&L Gates Labor, Employment and Workplace Safety Alert, March 12, 2013
  • Co-author, “Regulation: Labor and Employment Law, Lilly Ledbetter Fair Pay Act: Fresh Challenges for Employers,” Daily Business Review, June 1, 2009
  • Co-author, “Avoiding COBRA’s Bite,” Human Resources Executive, March 23, 2009
  • Author, “Special Report: Employment & Labor: Compliance with gun laws will keep employers in Florida out of line of fire,” Daily Business Review, November 28, 2008
  • Author, “An Ounce of Prevention Is Worth a Pound of Cure,” The Corporate Counselor, October 2004
  • Co-author, “Supreme Court’s US Airways Decision: Employers Are Not Required to Override a Seniority-Based System to Accommodate a Disabled Employee,” K&L Gates Employment Law Alert, May 2002.
  • Co-author, “Non-Competes in Employment Contracts,” Hot Topics in Business Litigation, 2002.
  • Co-author, “Responding to Military Leave Requests,” Bank Employment Law Report, October 2001.
  • Co-Author, “Employer Obligations with Respect to Employee Requests for Military Service Leave,” Employment Law Alert, September 2001.
Print/Online Publications
  • Quoted, “Political talk in workplaces getting heated,” The Plain Dealer, August 2016
  • Quoted, “How to survive political discussion in the workplace,” Miami Herald, August 2016
  • Quoted, “Rehiring the Fired: The IRS Does It; Should You?,” Society For Human Resource Management, May 12, 2016
  • Quoted, “South Florida Is Still Nation’s Hottest Spot - For FLSA Suits,” Law360, April 8, 2016
  • Quoted, “Same-Sex Marriages to Spur Business for Fla. Lawyers,” Daily Report, January 7, 2015
  • Quoted, “Right and Wrong Ways to Terminate,” Society for Human Resource Management, September 12, 2013
  • Quoted, “A snapshot of diversity in the local business community,” South Florida Business Journal, November 9, 2012
  • Quoted, “Employers may now face baby boomers’ discrimination claims,” South Florida Business Journal, September 2, 2011
  • Quoted, “Key Legal Considerations in Connection with the Movement of Talent from Proprietary Trading Desks to Start-Up or Existing Hedge Fund Managers: The Bank Perspective (Part Two of Three),” The Hedge Fund Law Report, January 14, 2011
  • Quoted, “How Employers Face the Challenges of Litigation Associated with Dismissals, Restructuring, and Layoffs,” Employee Terminations Law Bulletin, November 2010
  • Quoted, “Pushing Diversity in the Legal Profession,” Society of Human Resource Management, February 23, 2010
  • Quoted, “Blackberrys may be overtime suit waiting to happen,” Broward Daily Business Review, May 7, 2008
  • Quoted, “Overtime suits may ripen with blackberry; Attorneys predict a new wave of litigation as BlackBerry use booms,” The National Law Journal, April 28, 2008
  • Quoted, “Hello, I love you. Now, take a memo,” Virginia-Pilot, March 2, 2008
  • Quoted, “In office, professionalism trumps romance,” Sun-Sentinel Business, February 14, 2008
  • Quoted, “Accepting the Inevitable,” Human Resources Executive Online, February 14, 2008
  • Quoted, “With new bill, odds are good for workplace protections fro gays,” South Florida Business Journal, September 17, 2007
  • Quoted, “Employed doctors: KNOW YOUR RIGHTS,” Medical Economics, August 3, 2007
  • Quoted, “PERSONNEL FILES: Documentation is key,” Medical Economics, April 20, 2007
  • Quoted, “Harassment: When you’re the victim,” Medical Economics, January 19, 2007
  • Quoted, “TOUGHER STANCE: SOUTH FLORIDA ATTORNEYS SEE INCREASE IN BUSINESS,” Broward Daily Business Review, June 14, 2005
  • Quoted, “WHEN CUPID’S ARROWS FALL AT WORK,” Miami Herald, February 9, 2004
  • Quoted, “Defusing the Discontent,” HR Magazine, December 2003
  • Quoted, “South Florida braces for new overtime law,” South Florida Business Journal, June 30, 2003
  • Quoted, “Pregnant Pause: What do job interviews and pregnancy have in common?”, ePregnancy,  May 2003
  • Quoted, “FMLA: What do you do when leave is elective?”, HR Briefing, May 1, 2003
  • Quoted, “New Overtime Rules Planned,” Sun-Sentinel, March 28, 2003
  • Quoted, “Miami Firm Must Pay Back Wages,” Sun-Sentinel, March 18, 2003
  • Quoted, “ADA: Supreme Court Ruling Gives Employers Third Victory,” HR Wire, June 17, 2002
  • Quoted, “When Employees Sue Customers…”, HR Wire, August 8, 2002
  • Quoted, “Encinta y Empleada,“ Univision.com, October 26, 2001
  • Quoted, “Rules Have Changed for Many Employers After September 11th,” Miami Herald, October 24, 2001
  • Quoted, “Reevaluate Work Rules, Miami Herald, October 16, 2001
  • Quoted, “Workplace Security,” Daily Business Review, September 28, 2001
Published Decisions
  • Cellco Partnership v. Kimbler, 68 So. 3d 914 (Fla. 2d DCA 2011)
  • Treco International S.A., et al.,v. Kromka, et al., 706 F. Supp. 2d 1283 (2010)
  • American Maritime Officers Union v. Merriken, 981 So.2d 544 (Fla. 4th DCA 2008)
  • Fiore v. White, et al., 531 U.S. 225 (2000) (per curiam)
  • Fiore v. White, et al., 528 U.S. 23 (1999)
  • Enforcing Non-Compete through Jury Trial (Lead Counsel):  Served as lead trial counsel for a former employer that sued its former sales employees for the breach of the restrictive covenants in their employment contracts and that sued the competitor/new employer for tortious interference with employment contracts and customer relationships.  At the conclusion of a nine-day jury trial, plaintiff prevailed on its claims and was awarded compensatory and punitive damages and attorneys’ fees and cost.  The action was pending in the United States District Court for the Southern District of Florida. 
  • Defending Breach of Contract Claim in an AAA Arbitration Hearing (Lead Counsel): Served as lead trial counsel in a week-long American Arbitration Association hearing related to a breach of a memorandum of understanding related to the sale of a business. 
  • Litigating Negligent Investigation Claim through Jury Trial (Trial Counsel):  Served as trial counsel on a six-week jury trial arising out of a partnership dispute related to allegations of negligent investigation of a sexual harassment charge.  Jury verdict obtained in favor of client. 
  • Litigating Section 1983 Excessive Force Lawsuit through Jury Trial (Trial Counsel):  Served as trial counsel on a multiple-week jury trial arising out of allegations of police using excessive force during a riot.  Claims asserted were for violations of constitutional rights under Section 1983.
  • Litigating Real Property Damage Lawsuit through Jury Trial (Trial Counsel):  Served as trial counsel for plaintiff on a multiple week jury trial arising out of allegations that defendants impermissibly disposed of used cement and 55-gallon drums of waste over the course of many years on the plaintiff’s reserve, riverfront property.  Compensatory and punitive damages awarded in favor of plaintiff.
  • Defending Non-Compete/Trade Secret Case through Extensive Evidentiary Hearings, Four Appeals and Two Appellate Oral Arguments (Lead Counsel):  Served as lead trial and appellate counsel for defendants in a litigation between major competitors in the telecommunications industry related to allegations of a breach of a restrictive covenant, misappropriation of trade secrets, tortious interference and violations of the Computer Fraud and Abuse Act.  Served as lead trial counsel during a six-day evidentiary hearing that took multiple months to complete.  During this time, the trial court vacated an ex parte injunction at defendants’ request, denied multiple motions for interim injunctive relief, denied a motion for preliminary injunction, and denied a writ of replevin.  Plaintiff filed four appeals related to these decisions; the Second District Court of Appeals consolidated three of the appeals.  It held oral argument on the three appeals related to the injunction decisions and one oral argument on the replevin issue (presenting unique issues related to the ability to replevin electronic data).  Served as lead counsel on all appeals, including giving both oral arguments.  All of the trial court’s decisions were affirmed by the Second District Court of Appeals for the State of Florida. The underlying action was pending in the Circuit Court for Hillsborough County, Florida. 
  • Defending Section 1983 Claim by Obtaining Summary Judgment (Affirmed on Appeal) and Obtaining Rule 11 Sanctions (Lead Counsel):  Served as lead counsel for a mutual fund company in a lawsuit brought by a former employee of the state of Florida and his wife, who initiated the action against various providers of financial instruments to the State of Florida and others.  The plaintiff-former employee alleged that his employment was terminated and he subsequently was subjected to a 48-hour involuntary commitment (Baker Act) because he was a whistleblower, and he asserted a Section 1983 claim against the providers of the financial instruments, and the wife asserted a loss of consortium claim.  The trial court granted two motions to dismiss and a summary judgment motion in favor of defendant/client.  The Eleventh Circuit Court of Appeals affirmed the grant of summary judgment.  The trial court also granted defendant/client’s Rule 11 motion for sanctions, awarding it fees and costs to be paid from the former employer, his wife and their legal counsel.  The underlying action was pending in the United States District Court for the Northern District of Florida.
  • Prosecuting Misappropriation of Trade Secret Claims, including Obtaining an Ex Parte Restraining Order and Preliminary Injunction Order (Lead Counsel):  Served as lead counsel for two international companies that petitioned a federal district court to issue an ex parte restraining order and subsequent preliminary injunction to enjoin their former executive officers from misappropriating their trade secrets.  The trial court granted the restraining order and the subsequent preliminary injunction.  The action was pending in the United States District Court for the Southern District of Florida.
  • Defending Action to Enjoin Results of Presidential Election for a Non-Profit Medical Specialty Association (Lead Counsel):  Served as lead trial counsel for a non-profit medical specialty association that was sued by a physician-member, who sought to enjoin the association from refusing to appoint him as president on the basis that there were election irregularities.  After a multiple-day evidentiary hearing, the Court denied plaintiff’s motion for preliminary injunction.  The action was pending in the United States District Court for the Southern District of Florida.
  • Defending Whistleblower and ERISA Retaliation Claims Asserted in Multiple Litigations (Lead Counsel):  Served as lead counsel for a multiemployer benefits plan in a series of lawsuits brought by a former employee, who was an informant for the Department of Labor/Federal Bureau of Investigations.  The three key lawsuits were as follows: 
    • One:  The claims included allegations that the former employee was discharged in violation of Florida’s Whistleblower Act.  The Fourth District Court of Appeals granted a petition for certiorari review on the basis that the former employee’s claims were preempted by ERISA, which resulted in the client being dismissed from the lawsuit.  Continued to assist in the multiple week jury trial of related parties (including protecting client’s attorney-client privileged communications), which resulted in a complete verdict for remaining defendant. The action was pending in the Circuit Court for Broward County, Florida. 
    • Two:  The same plaintiff asserted a claim for retaliatory discharge in violation of ERISA. The Court granted a motion to dismiss the complaint.  The action was pending in the United States District Court for the Southern District of Florida.
    • Three:  The Trustees of the multi-employer benefits plan brought the lawsuit for fraud, conspiracy and rescission of contract related to the unauthorized acquisition of property by the former employee.  This engagement also resulted in defending the multiemployer plans against counterclaims for defamation, civil RICO and equitable relief.  The trial court, upon motions by the multi-employer plans, dismissed the former employee’s counterclaims with prejudice.  The action was pending in the Circuit Court for Broward County, Florida. 
  • Defending Race and Retaliation Claims by Obtaining Summary Judgment (Lead Counsel):  Served as lead counsel for defendant-former employer in a lawsuit brought by a former employee, in which he alleged racial discrimination and unlawful retaliation.  Summary judgment obtained in favor of defendant on all counts.  The action was pending in the United States District Court for the Middle District of Florida.  An appeal to the Eleventh Circuit Court of Appeals was dismissed. 
  • Defending ERISA Retaliation Claim by Obtaining Summary Judgment (Lead Counsel):  Served as lead counsel for a large maritime transportation company (the employer) that was sued by its then-current employee for breach of a fiduciary duty under Section 502(a)(2) of ERISA and Section 502(a)(3) of ERISA.  Summary judgment obtained in favor of defendant on all counts.  The action was pending in the United States District Court for the Southern District of Florida.
  • Defending Unfair Competition, Business Interference and Trade Secret Claims (Lead Counsel):  Served as lead counsel for a pharmaceutical laboratory accused by a direct competitor of misappropriating trade secrets that were allegedly acquired in a due diligence process and of breaching a non-solicitation and non-disclosure agreement.  After extensive and contentious litigation, the matter was amicably resolved.  The action was pending in the Circuit Court for Broward County, Florida. 
  • Obtaining Writ of Habeas Corpus through Appeal to the United States Supreme Court:  Served as appellate counsel for a criminal defendant in a federal habeas corpus action before the United States Supreme Court, which found that his conviction and continued incarceration violated the Due Process Clause of the Fourteenth Amendment.  Served as the primary author of the petition for writ of certiorari as well as one of several authors of the appellant briefs before the United States Supreme Court and the Pennsylvania Supreme Court (on a certified question).  Served as second chair for the oral argument before the United States Supreme Court.