Overview
Tony Torain provides strategic and trusted counsel to multinational corporations in labor and employment disputes, helping clients address and resolve critical issues efficiently and effectively. Recognized among the leading lawyers of his generation in labor and employment law, he has extensive experience representing companies across a range of industries – including healthcare, technology, consumer products, automotive, and private equity – in traditional labor matters and employment litigation, trials, and arbitrations.
In his traditional labor practice, Tony is adept at defending major organizations in unfair labor practice trials and proceedings before the National Labor Relations Board (NLRB), audits, strikes, union election campaigns, collective bargaining negotiations, and strategic labor relations planning matters.
Tony represents employers in various kinds of employment disputes in state and federal courts and before state and federal agencies, including cases that involve claims of discrimination, harassment, and retaliation, as well as wage and hour class and collective actions. His practice also includes assisting federal contractors with implementing and maintaining effective affirmative action programs and ensuring compliance with federal contractor employee requirements.
Results
- Obtained a favorable decision from the US Court of Appeals for the District of Columbia Circuit, vacating the NLRB and concluding that high school lacrosse referees were independent contractors and not employees subject to the National Labor Relations Act*
- Defended a major civil rights organization in an unfair labor practice trial before the NLRB*
- Successfully defended a construction federal contractor in a US Department of Labor (DOL) audit under the Davis-Bacon Act*
- Successfully defended a medical transportation Veterans Administration contractor in a DOL audit under the Service Contract Act*
- Represented a major grocery store chain in the majority of their labor arbitrations with four unions in Washington, DC, Maryland, and Virginia*
- Defended a major grocery store chain against hybrid claims brought under Section 301 of the Labor Management Relations Act*
- Represented a car dealership in contempt proceedings filed by the NLRB’s Contempt, Compliance, and Special Litigation Branch in the US Court of Appeals for the District of Columbia Circuit*
- Represented a security company in an NLRB representation case involving joint employer allegations*
- Successfully won summary judgment on behalf of a multinational technological corporation in a lawsuit claiming $225,000,000 for alleged Title II public accommodations violations and various consumer protections violations*
- Prepared and filed an amicus brief in the Supreme Court of the United States on behalf of Human Rights for Kids, arguing that the rule against convictions based on nonunanimous jury verdicts in Ramos v. Louisiana should apply collaterally and retroactively in Edwards v. Vannoy*
- Represented a major auto manufacturer in a successful campaign against the organizing of more than 2,000 employees*
- Represented a private equity firm in a gender pay discrimination case before a Maryland Fair Employment Practices agency*
*Matter handled prior to joining McDermott.
Recognitions
- Chambers USA, District of Columbia: Labor & Employment, 2022-2024
- Benchmark Litigation, 40 & Under list, 2024
- The Daily Record, Employment Law Power List, 2024
- The Best Lawyers in America: Ones to Watch®, Labor and Employment Law – Management, 2023-2025
- Super Lawyers, Rising Star, Washington, DC, 2018-2023
- American Heart Association, Leaders of Impact Greater Maryland, 2023
- The Daily Record, General JD Honoree, 2021
- The Whole Truth Magazine, 40 Under 40, 2019
- Black Business Review, 40 Under 40, 2017
- The National Black Lawyers, Top 100
Community
- Baltimore County Judicial Nominating Commission, nominee
- American Bar Foundation, fellow
- Associated Black Charities, board chair
- Maryland Carey Law Alumni, board member
- American Bar Association, member
- Defense Research Institute, member
- Maryland Defense Counsel, member
- Maryland State Bar Association, member
- Monumental City Bar Association, member
- National Bar Association, member
Credentials
Education
University of Maryland Francis King Carey School of Law, JD, 2011
Towson University, BS, 2008
Admissions
District of Columbia
Maryland
New York
Virginia
Courts / Agencies
Supreme Court of the United States
US Court of Appeals for the District of Columbia
US District Court for the District of Maryland
US District Court for the District of Columbia
US District Court for the Eastern District of Virginia
US District Court of the Southern District of New York
