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REPRESENTATIVE ENGAGEMENTS

LABOR & EMPLOYMENT DISPUTES AND LITIGATION

  • We made new law defending a media and communications recruitment agency when we obtained a ruling from the New York Court of Appeals that under New York law it is legal to have commission employees on a formula by which they are incentivized to both reduce costs and increase sales.
  • We obtained a New York state court jury verdict on behalf of a national staffing agency against an employee who claimed sexual harassment and retaliation. The jury rejected all of the employee’s claims and led to the first decision nationwide on the inadmissibility of fMRI technology.
  • We obtained a New York state court jury verdict for an advertising agency client in a discrimination action brought by an executive whose employment was terminated as a cost-saving measure. The jury rejected all of the executive’s claims and judgment was entered in the agency’s favor.
  • We obtained a New York state court jury verdict rejecting a gender discrimination claim brought by a former senior executive at a multi-national advertising agency.
  • We obtained a Chicago federal court jury verdict rejecting an age-discrimination claim brought by a former senior executive of a multi-national advertising agency.
  • We represented a major financial institution in a whistleblower suit regarding whether a section of the Dodd Frank Act invalidating mandatory arbitration of Sarbanes-Oxley claims can be applied retroactively. We successfully compelled arbitration of the plaintiff’s claim in a ruling that was affirmed by the U.S. Court of Appeals for the Second Circuit, resulting in the dismissal of the entire claim.
  • We successfully handled a mediation on behalf of an operator of senior living communities of a dispute brought by its former CEO alleging damages in excess of $14 million for breach of contract.
  • We represented a designer and manufacturer of high-end women’s clothing in a sexual harassment and retaliation lawsuit brought by a former employee with the New York State Division on Human Rights.
  • We successfully represented a leading global investment management firm by obtaining dismissal of a complaint filed by a former portfolio manager, who alleged that he was owed over $7 million based on breach of contract, unjust enrichment, breach of implied contract, quantum merit, promissory estoppel and violations of the New York Labor Law.
  • We represented a major media buying agency in an employment discrimination lawsuit brought by a senior executive who remained with the agency after filing suit. Because the executive’s work performance deteriorated and the executive began characterizing routine business issues as retaliation, we litigated the case and concurrently counseled the agency on day-to-day performance issues to ensure that there was appropriate support for the agency’s eventual decision to terminate the executive’s employment. We obtained summary judgment dismissing all discrimination and retaliation claims relating to the executive’s termination.
  • We represented a Dutch public broadcasting organization and its Editor-in-Chief against allegations that they violated federal, New York State and New York City disability anti-discrimination laws by transferring the plaintiff, a disabled Dutch reporter, back to the Netherlands upon expiration of his temporary reporting assignment in New York City. The case went to the Second Circuit, which upheld the dismissal of the case on forum non conveniens grounds.
  • We defended and then obtained a favorable settlement for one of the world’s leading providers of currency exchange services in a purported class and collective action lawsuit brought in U.S. District Court for the Southern District of New York alleging several violations of the Fair Labor Standards Act and the New York Wage Payment laws.
  • We defended a recruitment advertising agency against claims filed by a former employee with the Equal Employment Opportunity Commission and New York State Division of Human Rights alleging that the employee was subjected to sexual harassment during employment.
  • We successfully moved to dismiss a $20 million claim against a major commercial bank by two former employees who had alleged that the bank breached oral employment agreements that would have entitled them to future income from the business on which they had worked.
  • We represented a large Manhattan restaurant in an action brought by seven of its employees involving overtime and minimum wage claims.
  • We successfully defended several senior investment bankers in an action brought by a major financial institution against an investment bank and its recently hired investment bankers for breach of fiduciary duties arising from the en masse departure and en masse hiring of more than 40 employees.
  • We obtained injunctive relief for a major provider of software and software services in the pharmaceutical industry prohibiting their former sales people from soliciting and servicing clients.
  • We successfully moved to dismiss a multi-million dollar bonus claim of a former CFO of an asset management firm who sought a bonus based on implied contract, quantum merit and detrimental reliance claims.
  • We successfully defended an investment bank when an employee sued the bank and the insurance company under the long term disability insurance policy. The case against our client was dismissed on summary judgment while the case against the co-defendant went to trial.

LABOR & EMPLOYMENT COUNSELING

  • We provide regular ongoing employment counseling services to Carey International, the global leader in chauffeured transportation services, regarding its multistate, nationwide subsidiary operations, with a focus on risk management and compliance under the Fair Labor Standards Act and state wage and hour laws related to Carey’s independent contractor business model. We also assisted Carey in the development and implementation of long-term incentive compensation programs and employment arrangements for its senior level management.
  • We serve as national employment counsel for one of the world’s largest construction companies, including advice on day-to-day employment matters, OFCCP matters and implementing preventative management and policies.
  • We represented a global market leader of credit derivatives in revising and structuring offer letters, employment agreements, bonus incentives and post-employment restrictions for financial professionals.
  • We regularly counsel clients across all industries on issues concerning employees’ personal and business use of the internet and social media, and company-issued computers and other electronic devices, including appropriate versus impermissible use of social media in the hiring context, and monitoring of employees post-termination. We draft related policies and assist clients in taking proactive steps to protect client and company confidential information.
  • We advise Criteo Corp., a leading pay-per-click (PPC) performance display advertising company, on various counseling matters, including the review and update of its employment documents and sexual harassment training throughout the United States.
  • We act as primary U.S. employment counsel for many of the world’s largest marketing communications holding companies and their numerous subsidiaries on the full spectrum of employment matters, including issues concerning hiring and termination, wage and hour, worker classifications, restrictive covenants, overhauling employment policies, handbooks and forms, as well as successfully resolving numerous sensitive claims. We also regularly represent agencies in connection with audits and potential audits by the Office of Federal Contract Compliance Programs (OFCCP).
  • We have represented a customer relationship management software provider for over 20 years on a variety of employment issues, including enforcing its restrictive covenants, managing sensitive leaves of absence and terminations without incurring significant claims, and handling its day-to-day employment needs.
  • We represented a large publishing company on New York and Federal WARN Act issues associated with the sale of one of its divisions and the subsequent job losses for employees that the buyer would not be hiring.
  • We handled for a leading brokerage house in hiring three dozen executives from one of the largest banks in the world. No suits were filed despite the fact that the employees had restrictive covenants in their contracts and in the bank’s employee manual.
  • We represented one of Europe’s leading corporate and investment banks on all employment and employee benefit issues relating to the acquisition of the equity prime brokerage business of a significant financial institution. The firm also handled the drafting of approximately 300 offer, retention and bonus arrangements to retain the executives in the acquired business and is providing advice on employment law issues regarding the transferred employees.
  • We represented a new financial advisory firm on the Protocol for Broker Recruiting, an agreement among various financial institutions regarding how brokers may resign from one firm, join a competing firm and solicit customers from the prior firm without liability. We facilitated our client becoming members of the Protocol and then successfully used the Protocol to defeat a lawsuit brought against brokers who our client had hired from another firm that was a party to the Protocol.
  • We represented the 50% owner of the CDO division of a hedge fund which started as a dispute with the hedge fund and ended in the simultaneous purchase of the other 50% of the CDO fund and the sale of the whole fund to a bank. The firm also handled the employment contract and compensation package with the bank.
  • We represented a group of financial advisors who sought to resign immediately from a major investment bank and start a competing business despite their garden leave and restrictive covenant agreements with their current employer. We developed a strategy for combating these restrictions and counseled the financial advisors on how to resign and immediately start their competing business without a lawsuit.
  • We have represented a leading global alternative asset management firm with regard to ongoing labor and employment counseling, employment and restrictive covenant litigation for over a decade. We also developed and implemented harassment training for the company’s entire United States workforce.
  • We represented an investment bank in revising and restructuring its garden leave and other post-employment restrictions and drafted sample agreements for its use with private and investment bankers.
  • We represented a major savings and loan institution on its employment law claims including a claim by a senior executive for retaliatory discharge and sex discrimination.
  • We represented portfolio managers in the negotiation of their employment agreements and complex compensation arrangements with a multi-billion dollar family investment fund.
  • We represented senior executives joining a global investment financial services firm in connection with potential claims by their former employer and the financial services firm’s competitor, for breach of fiduciary duty, theft of trade secrets and raiding other employees.