Employer Defense

• Successfully defended an employee’s sex discrimination and retaliation charges, resulting in a no probable cause determination by the New York State Division of Human Rights. The Division found no causal connection between the protected activity and the termination, which was supported by a legitimate, nondiscriminatory business reason.
• Obtained dismissal of a retaliation charge against a nonprofit client after the New York State Division of Human Rights found no probable cause. The Division concluded the employee had not engaged in protected activity, there was insufficient evidence of discriminatory animus, and the contract nonrenewal was based on legitimate business reasons.
• Secured a favorable settlement for a dental practice after an employee terminated during Paid Family Leave asserted claims under the New York City and New York State Human Rights Laws. Social media evidence we uncovered undermined the employee’s allegations and strengthened our client’s position.
• Achieved settlement during mediation for a real estate industry client after a former employee filed an EEOC charge alleging violations of the Family and Medical Leave Act.
• Defended and resolved multiple wageandhour claims under the Fair Labor Standards Act and New York Labor Law across industries including food service, real estate, a religious institution, plumbing, and a gas station.
• After protracted litigation in New York State Supreme Court, negotiated settlement of claims alleging religious discrimination, pregnancy discrimination, and retaliation.
• Defended a religious school in federal court against claims of pregnancy discrimination.
• In separate cases, represented an individual defendant in state court and an individual respondent before the New York State Division of Human Rights, where both the individuals and their charter school employer were named as responsible parties.
• Assisted a family in resolving claims involving improper wage payments to a child caregiver and related allegations of retaliation.
• Defended claims of tortious interference and unfair competition arising from the hiring of a competitor’s employee.
• After multiple days of hearings before an Administrative Law Judge, obtained a significant reduction of amounts assessed by the New York State Unemployment Insurance Division based on alleged employment relationships.
• Advised a hair salon on compliance with a noncompetition covenant between the client and a former employer.
• Guided a client through WARN Act compliance in connection with a mass layoff.
• Counseled a retail store owner on strategy and legal implications following discovery of an employee’s criminal conviction history.
• Assisted a nonprofit organization in addressing a terminated employee’s refusal to transfer company files and passwords for data systems.
• Advised a startup food service retailer on employee onboarding and development of policy documents.

Executive/Professional Representation

• Counseled a medical doctor through departure from a hospital employer, negotiated an exit package, and assisted with review and drafting of a new employment agreement.
• Resolved, on favorable terms, claims by a highly compensated executive against an investment management firm for improper valuation of an award under the company’s investment participation plan.
• Negotiated and settled breachofcontract claims for an executive against an asset management firm involving unpaid compensation and notice pay.
• Handled a federal court action seeking severance pay on behalf of a senior executive against a public company.
• Defended an executive of a market research company against claims including breach of noncompetition and nonsolicitation agreements.
• Defended a salesperson in the payroll processing industry and negotiated a favorable settlement of claims alleging retention and misuse of confidential information.
• Counseled a senior executive accused of sexual harassment during an internal investigation conducted by the employer.
• Negotiated settlements of claims for unpaid sales commissions.
• Regularly advise executives and professionals transitioning to or from employment on negotiation and drafting of offer letters, employment agreements, restrictive covenants, separation agreements, and related documents.

Commercial Disputes

• Obtained summary judgment on contract claims for a client in the designer clothing rental industry.
• Secured judgments on promissory notes following defaults.
• Defended an individual sales contractor against claims brought by a commercial real estate broker, resulting in a negotiated resolution.
• Litigated disputes involving down payments on failed real estate transactions.
• Represented a partowner in a veterinary practice shareholder dispute, resulting in a negotiated buyout.

Court Decisions

Jablonski v. Special Counsel, Inc., 2017 U.S. Dist. LEXIS 164167, 1:16-CV-5243 (ALC), September 28, 2017 (S.D.N.Y.), reconsid. granted in part and denied in part, Jablonski v Special Counsel, Inc., 2018 U.S. Dist. LEXIS 140859, 1:16-cv-5243 (ALC), August 20, 2018 (S.D.N.Y.)

The Singer Group, Inc. v. Nine West Holdings, Inc., 2015 WL 9582431, 14-CV-3619 (SAS), December 30, 2015 (S.D.N.Y.)

Atronic International, GMBH v. SAI Semispecialists of America, Inc., 2007 WL 2493482, 03-CV-4892 (JFB), August 29, 2007 (E.D.N.Y.)

Atronic International, GMBH v. SAI Semispecialists of America, Inc., 232 F.R.D. 160 (E.D.N.Y. 2005)

National Utility Service, Inc. v. Cambridge-Lee Industries, Inc., 199 Fed. Appx. 139 (3d Cir. 2006)

Collins v. Eichenbaum, 296 A.D.2d 326, 744 N.Y.S.2d 399 (2002), appeal dismissed, 99 N.Y.2d 531, 782 N.E.2d 568 (N.Y. 2002)

National Utility Service, Inc. v. Savannah Foods & Industries, Inc., 1994 WL 16182865, 2:91-CV-2891 (WGB), September 9, 1994 (D.N.J.)