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Shira Franco is a partner in the Labor & Employment Practice Group of Davis & Gilbert. She represents companies in a variety of industries, with a particular emphasis on financial services, technology, advertising and marketing, public relations, and real estate management.

A strong focus of Ms. Franco’s practice involves representing hedge funds, private equity firms, accounting firms, and other financial industry employers in litigating and resolving disputes related to bonus payments and other compensation arrangements, violations of non-compete, non-solicitation, and confidentiality agreements, and hostile work environment allegations.

Ms. Franco also has extensive experience defending employers against claims of age, race, gender, pregnancy, and disability discrimination, retaliation, breach of contract, and violations of wage and hour laws.

In addition to her litigation practice, she advises clients on a wide array of workplace issues such as hiring and terminations, background checks, internal investigations, independent contractor engagements, disability accommodations, and human resources policies and best practices. She has been recognized by The Legal 500 United States in the area of labor and employment: workplace and employment counseling, and she has also been selected as a Rising Star by New York Metro Super Lawyers (2016).

Ms. Franco also devotes a portion of her practice to representing senior executives in the negotiation of their employment agreements, separation packages and post-employment restrictions.

From 2001 to 2002, Ms. Franco served as a law clerk to the Honorable William B. Shubb of the United States District Court for the Eastern District of California. While in law school, she was the co-editor-in-chief of the Harvard Women’s Law Journal.

REPRESENTATIVE ENGAGEMENTS

  • Won dismissal on summary judgment of a complex multimillion-dollar breach of contract claim on behalf of a global investment management firm.
  • Successfully represented an investment management firm’s portfolio company in the defense and favorable settlement of multimillion-dollar claims arising from alleged violations of a CEO’s non-compete and equity compensation agreements.
  • Successfully represented an international construction management company in the defense and favorable settlement of several claims alleging sex, age and national origin discrimination and retaliation.
  • Advised a transportation company with multi-state operations on risk management and compliance issues related to federal and state wage and hour laws.
  • Won dismissal on behalf of several of the firm’s clients of numerous discrimination claims in federal, state and local administrative agencies, including the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Commission on Human Rights.

SPEAKING ENGAGEMENTS

"Best Practices for Performance Reviews," Clarity Staffing & Davis & Gilbert Breakfast Seminar, March 16, 2017

"Employee Discrimination and Harassment Complaints: Best Practices for Conducting Effective Internal Investigations," Davis & Gilbert Labor & Employment Seminar, December 2016

"Drafting Effective Employee Handbooks in New York," New York City Bar Association's Labor and Employment Law Program, June 2, 2016

"Arbitration on the Wage & Hour Front," American Conference Institute’s 24th National Forum on Wage Hour Claims and Class Actions, May 28-29, 2015

"Consultants, Temporary Workers, and Shared Employees: The Changing Legal Landscape," Davis & Gilbert Labor & Employment Seminar, March 2015

"Fair Play vs. Unfair Competition: Current Issues in Enforcing Restrictive Covenants," Davis & Gilbert Labor & Employment Seminar, July 2014

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"Annual Legal Update," The Human Resources Association of New York, March 13, 2012

PUBLICATIONS

Author, "New York City Human Rights Law Amended to Ban Employers From Requesting Job Applicant Salary History," D&G Labor & Employment Alert, May 2017

Co-Author, "San Francisco Passes Ordinance Requiring Employers to Provide Fully Paid Parental Leave," D&G Labor & Employment Alert, December 2016

Author, "Employers Face Significant Increase in Required Salary Level for Overtime-Exempt Employees," D&G Labor & Employment Alert, May 2016

Co-Author, "New York City Imposes Limits on Employer Inquiries Related to Criminal Conviction and Arrest Records," D&G Labor & Employment Alert, October 2015

Co-Author, "New York City Human Rights Law Restricts Credit Checks of Job Applicants and Employees," D&G Labor & Employment Alert, September 2015

Co-Author, "Department of Labor Issues Guidance on Misclassification of Employees as Independent Contractors," D&G Labor & Employment Alert, July 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association, Labor and Employment Law Committee
New York City SHRM (Society for Human Resource Management)
100 Women in Finance
Harvard Law School Women's Alliance

BAR ADMISSIONS

California
Massachusetts
New York
U.S. Court of Appeals, Second Circuit
U.S. District Courts, Southern and Eastern Districts of New York

 

EDUCATION

Harvard Law School, J.D., cum laude, 2001
University of California, Berkeley, A.B., with highest distinction, 1998


The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Won dismissal on summary judgment of a complex multimillion-dollar breach of contract claim on behalf of a global investment management firm.
  • Successfully represented an investment management firm’s portfolio company in the defense and favorable settlement of multimillion-dollar claims arising from alleged violations of a CEO’s non-compete and equity compensation agreements.
  • Successfully represented an international construction management company in the defense and favorable settlement of several claims alleging sex, age and national origin discrimination and retaliation.
  • Advised a transportation company with multi-state operations on risk management and compliance issues related to federal and state wage and hour laws.
  • Won dismissal on behalf of several of the firm’s clients of numerous discrimination claims in federal, state and local administrative agencies, including the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Commission on Human Rights.

SPEAKING ENGAGEMENTS

"Best Practices for Performance Reviews," Clarity Staffing & Davis & Gilbert Breakfast Seminar, March 16, 2017

"Employee Discrimination and Harassment Complaints: Best Practices for Conducting Effective Internal Investigations," Davis & Gilbert Labor & Employment Seminar, December 2016

"Drafting Effective Employee Handbooks in New York," New York City Bar Association's Labor and Employment Law Program, June 2, 2016

"Arbitration on the Wage & Hour Front," American Conference Institute’s 24th National Forum on Wage Hour Claims and Class Actions, May 28-29, 2015

"Consultants, Temporary Workers, and Shared Employees: The Changing Legal Landscape," Davis & Gilbert Labor & Employment Seminar, March 2015

"Fair Play vs. Unfair Competition: Current Issues in Enforcing Restrictive Covenants," Davis & Gilbert Labor & Employment Seminar, July 2014

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"Annual Legal Update," The Human Resources Association of New York, March 13, 2012

PUBLICATIONS

Author, "New York City Human Rights Law Amended to Ban Employers From Requesting Job Applicant Salary History," D&G Labor & Employment Alert, May 2017

Co-Author, "San Francisco Passes Ordinance Requiring Employers to Provide Fully Paid Parental Leave," D&G Labor & Employment Alert, December 2016

Author, "Employers Face Significant Increase in Required Salary Level for Overtime-Exempt Employees," D&G Labor & Employment Alert, May 2016

Co-Author, "New York City Imposes Limits on Employer Inquiries Related to Criminal Conviction and Arrest Records," D&G Labor & Employment Alert, October 2015

Co-Author, "New York City Human Rights Law Restricts Credit Checks of Job Applicants and Employees," D&G Labor & Employment Alert, September 2015

Co-Author, "Department of Labor Issues Guidance on Misclassification of Employees as Independent Contractors," D&G Labor & Employment Alert, July 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association, Labor and Employment Law Committee
New York City SHRM (Society for Human Resource Management)
100 Women in Finance
Harvard Law School Women's Alliance

BAR ADMISSIONS

California
Massachusetts
New York
U.S. Court of Appeals, Second Circuit
U.S. District Courts, Southern and Eastern Districts of New York

 

EDUCATION

Harvard Law School, J.D., cum laude, 2001
University of California, Berkeley, A.B., with highest distinction, 1998


The Legal 500 - The Clients Guide to Law Firms