Timm W. Schowalter

Partner

Education

University of Missouri - Columbia School of Law, J.D.

Southeast State University, B.A.

Certified Information Privacy Professional/ United States (CIPP/US)

Admissions

Missouri

Illinois

For many businesses in Missouri and Illinois Timm is the “Go To” attorney when they are facing a labor and employment, unfair competition, or data privacy and security issue. For many of these clients, Timm is not just their attorney but has become their trusted friend who is dedicated to their overall success.

Timm’s primary goal for all clients is litigation avoidance. To that end, Timm handles clients’ legal needs including providing day-to-day counseling, setting up compliance protocols and drafting personnel policies, conducting HR and health and safety audits, drafting employment contracts, executive compensation agreements, severance agreements, confidentiality and trade secret agreements, non-competition and non-solicitation agreements, privacy policies and notices, and third-party and vendor cybersecurity agreements.

If litigation is necessary, however, Timm brings more than 25 years of litigation experience in zealously representing businesses and insurers before administrative agencies and state and federal courts in all facets of labor, employment and privacy law matters. Timm provides an aggressive yet cost-effective defense for companies of all sizes in single action and class action employment litigation matters, including matters related to discrimination and retaliation claims under the Missouri and Illinois Human Rights Acts, Title VII of the Civil Rights Act, American with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Occupational Safety and Health Act (OSHA); Fair Labor Standards Act (FLSA), False Claims Act (FCA), and Family and Medical Leave Act (FMLA) and various federal and state privacy laws.

Timm’s first introduction to labor unions came in high school while working at a local grocery store that was experiencing labor strife. He developed an interest in labor law and it set forth a path for his future career. Today, Timm represents employers with their labor and union matters, including designing and implementing effective union avoidance and organizing campaigns, negotiating collective bargaining agreements, strike preparation assistance and defeating secondary boycotts. He also has a broad range of experience in proceedings before the National Labor Relations Board, union arbitrations, obtaining state and federal court injunctions, and defending ERISA multi-employer pension claims and audits.

Timm also represents clients in the protection of their trade secrets, intellectual property, and proprietary information. He has extensive experience in litigating non-competition and non-disclosures agreements throughout the United States and has successfully obtained or defeated motions for temporary restraining orders and preliminary and permanent injunctions. Timm not only assists clients in enforcing their non-compete agreements and protecting trade secrets, but he also assists them in protecting all their “data” and complying with numerous federal and state privacy laws. To this end, Timm is a Certified Information Privacy Professional/United States (CIPP/US) from the International Association of Privacy Professionals (IAPP), a global organization dedicated to advancing the privacy and data protection industry. Timm counsels on data breach risks and brings a multidisciplinary responses to data breaches. He also assists with information management and data security, such as how to avoid potential privacy claims and liabilities.

In addition to being a lawyer, Timm is a husband, a father of four, a dog owner, an avid golfer and a certified BBQ competition judge.

Memberships & Involvement

Member: Missouri Bar Association; Illinois Bar Association; International Association of Privacy Professionals; Bar Association of Metropolitan St. Louis; Missouri Organization of Defense Lawyers; Defense Research Institute Labor and Employment Practice Group; and Defense Research Institute Cybersecurity and Data Privacy Group.

Former Volunteer Board Member: National Children's Cancer Society

Experience

  • Won summary judgment in False Claim Act retaliation claim
  • Successful prosecution of breach of contract/noncompetition and tortious interference claims by entry of TRO and Consent Judgment
  • Successful defense of wrongful discharge claim
  • Successful prosecution of breach of promotion agreement and entry of TRO to terminate MMA fight
  • Successful defense of class action FLSA claim
  • Successful prosecution of breach of contract/noncompetition and tortious interference claims by entry of Consent Injunction
  • Successful defense of race discrimination claim
  • Summary judgment granted in wrongful discharge claim
  • Successful defense of breach of contract/noncompetition and tortious interference claims by denial of TRO
  • Successful prosecution of copyright infringement claim by entry of Consent Judgment
  • Successful defense of tortious interference claims
  • Successful appeal in non-compete litigation matter by entry of Permeant Injunction
  • Successful defense of breach of contract, noncompetition and tortious interference claims
  • Successful defense of same sex harassment and religious discrimination claims
  • Successful defense of Title VII race discrimination claim
  • Successful opposition to grant of certiorari
  • Won summary judgment in Pregnancy Discrimination Act claim
  • Dismissal granted in intentional infliction of emotional distress claim
  • Won summary judgment in ADA claim

Blog

Contributing Author, SmithAmundsen's Labor & Employment Law Update, a labor and employment advisory blog.

Publications

  • Pandemic and Privacy Rights: What Your Business Needs to Know About Cyber Agreements
    St. Louis Business Journal, March 2021