Ellen Moran Dwyer is chair of Crowell & Moring's Executive Committee and a member of the Management Board. As a partner in the Labor & Employment Group, Ellen represents employers in the full array of labor and employment matters, including class action and individual claims filed under federal and state anti-discrimination and related employment laws such as Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Civil False Claims Act, the Age Discrimination in Employment Act (ADEA), Sarbanes Oxley (SOX) whistleblower provisions, and the Family and Medical Leave Act (FMLA), as well as employment torts, including defamation, wrongful discharge, and related fiduciary duty claims.
Ellen has extensive experience investigating and litigating high-stakes sexual harassment and related employee misconduct issues. Additionally, she advises employers on prophylactic measures to mitigate risk and remediate such claims.
Ellen also has extensive experience in the trade secret arena, including: (i) drafting and negotiating non-competition, non-disclosure, and confidentiality agreements; (ii) investigating incidents of alleged theft of trade secrets; (iii) counseling employers regarding the implementation of effective trade secret security measures; and (iv) auditing corporate trade secret protection protocols, including the full range of employee new-hire and separation procedures, and pre- and post-employment related restrictions.
Ellen also has substantial experience in the employment class action litigation arena teaming effectively with public relations, diversity and statistical experts. Ellen also represents employers in the traditional labor arena on matters including union organizing campaigns and elections, decertification efforts, and collective bargaining both before the National Labor Relations Board and the federal courts.
In addition to these representations, Ellen has also conducted employee training programs for clients on several substantive labor and employment topics, including sexual harassment, union avoidance, diversity, and personnel practices and management.
Affiliations
Admitted to practice: District of Columbia, Massachusetts (inactive), and several federal district and appellate courts.
Highlights, News & Knowledge
Speeches & Presentations
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"Time's Up for Medicine: #MeToo Targets the Health Care Industry," Crowell & Moring Webinar
(June 13, 2019).
Presenters: Ellen Dwyer, Rebecca Springer, and Katie Erno.
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"Addressing #MeToo, Pay Equity, and Other Employment Risks – Money and Time Well Spent," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2019, Washington, DC
(May 7, 2019).
Speakers: Ellen Moran Dwyer, Rebecca L. Springer, and Trina Fairley Barlow.
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"Third Thursday--C&M’s November Labor & Employment Update: #MeToo, One Year Later: What Have We Learned?," Crowell & Moring Webinar
(November 29, 2018).
Presenters: Thomas Gies, Ellen Dwyer, and Rebecca Ricigliano.
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"In the Wake of the #MeToo Movement: Speaking Out and Setting Expectations for a Safe and Supportive Working Environment," 30th Annual General Counsel Conference, New York, NY
(September 26, 2018).
Moderator: Ellen Moran Dwyer.
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"The Business Imperative for Diversity," Bloomberg BNA Diversity & Inclusion Summit, New York, NY
(October 29, 2015).
Presenter: Ellen Moran Dwyer.
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"Vision 2020: Ideas for Shaping the Future," Sixth Annual LCLD Membership Meeting, Chicago, IL
(September 29, 2015).
Presenter: Ellen Moran Dwyer.
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"Top Labor and Employments Issues For Government Contractors in 2012 and Beyond," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C.
(May 9-10, 2012).
Co-Speakers: Jeff Pagano, Ellen Dwyer, Kris Meade, Rebecca Springer.
Publications
Client Alerts & Newsletters
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"Title VII Claim Proceeds Despite Failure to Amend EEOC Charge,"
Labor & Employment Law Alert - US
(June 10, 2019).
Contacts: Ellen Moran Dwyer, Rebecca L. Springer, Eric Su, Ira M. Saxe
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"Time's Up For Medicine. The #MeToo Movement Focuses on the Health Care Industry.,"
Labor & Employment Law Alert - US
(March 18, 2019).
Contacts: Ellen Moran Dwyer, Trina Fairley Barlow, Rebecca Monck Ricigliano, Danielle Giffuni
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"Newly Passed Congressional Sexual Harassment Bill Aims to Set a "Positive Example" for Nation,"
Labor & Employment Law Alert - US
(January 4, 2019).
Contacts: Ellen Moran Dwyer, Trina Fairley Barlow, Ira M. Saxe, Amanda DiSanto
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"New York State Releases Final Guidance On Legislation Aimed At Preventing Sexual Harassment,"
Labor & Employment Law Alert - US
(October 5, 2018).
Contacts: Ellen Moran Dwyer, Thomas P. Gies, Trina Fairley Barlow, Ira M. Saxe, Katie Erno
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"New York State and New York City Pass Legislation Aimed At Preventing Sexual Harassment In The Workplace,"
Labor & Employment Law Alert - US
(April 24, 2018).
Contacts: Ellen Moran Dwyer, Ira M. Saxe, Katie Erno
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"California Court Recognizes Narrowly Drawn CFAA Claim Against Traffickers of Access Credentials,"
IP Insights
(January 30, 2013).
Contact: Ellen Moran Dwyer
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"Texas Supreme Court Expands Scope of Enforceable Non-Competes,"
IP Insights
(June 30, 2011).
Contacts: Ellen Moran Dwyer, Mark A. Klapow
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"Supreme Court Affirms Broad Reach of Title VII’s Retaliation Ban,"
Labor & Employment Law Alert - US
(June 23, 2006).
Contact: Ellen Moran Dwyer
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"Monitoring Employee Blogs: Unanticipated Costs And Risks,"
Labor & Employment Law Alert - US
(May 8, 2006).
Contact: Ellen Moran Dwyer
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"The EEOC's New ADA Guidance: A Mixed Bag For Employers,"
Labor & Employment Law Alert - US
(March 1, 1999).
Contacts: Glenn D. Grant, Ellen Moran Dwyer
In the News
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Crowell & Moring Turns 40 and Eyes Growth Far Beyond Washington
June 3, 2019 — Bloomberg Law
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Navigating The Gender Pay Gap
March 2018 — Washington Lawyer
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Leveraging Leadership: A Conversation with Ellen Dwyer and Kate Adams
May 12, 2016 — Leadership Council on Legal Diversity
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Questions About Progress and Failure Dominate Diversity Summit
October 29, 2015 — Bloomberg BNA
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Law Firm Leader Roundtable: Part 2
July 20, 2015 — Legal Bisnow
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Top 10 Numbers from Report on Women in Big Law
June 1, 2015 — The American Lawyer
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A Learned Career: Crowell & Moring Alumni at Universities
March 2015 — Crowell Connect (Alumni Newsletter)
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Partner Path Foggy As More Women Join Staff Atty Ranks
February 18, 2015 — Law360
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At Some D.C. Firms, More Women Than Men Make Partner
January 19, 2015 — National Law Journal
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BigLaw Pairs Up Attys To Move Needle On Diversity
August 19, 2014 — Law360
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Female Powerbrokers Q&A: Crowell's Ellen Dwyer
February 7, 2014 — Labor & Employment Law360
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'Lean In' Maternity Advice Could Spawn Litigation
April 22, 2013 — Employment Law360
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Innovative Managing Partner: Crowell’s Ellen Moran Dwyer
October 3, 2012 — Law360
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View from the Top: Law Firms - Insights from Executives Who Made the List
June 5, 2009 — Washington Business Journal
Firm News & Announcements