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Howard J. Rubin is a partner in the Labor & Employment and Litigation Practice Groups of Davis & Gilbert. Mr. Rubin has defended numerous First Amendment, libel and slander, copyright, breach of contract and securities fraud cases.

Mr. Rubin has handled countless employment discrimination lawsuits, including the successful defense at trial of Ogilvy & Mather in a sex discrimination class action, jury trials of Wells Rich Greene in an age discrimination case, Grey Global Group in an age discrimination case and J. Walter Thompson in sex discrimination and defamation claims.  He consults on a variety of personnel-related issues, including the preparation of affirmative action plans and personnel policies, manuals and handbooks.  In addition to representing companies, Mr. Rubin has represented senior executives in negotiating severance packages as well as employment agreements.

Mr. Rubin has been recognized as a leading lawyer for labor & employment law by Chambers USA: America’s Leading Lawyers for Business (2012-2017). He has also been recognized by The Legal 500 United States in the area of labor and employment: workplace and employment counseling for eight consecutive years (2013-2020). In addition, Mr. Rubin has been recognized by The Best Lawyers in America in employment law – management (2013-2021) and in litigation – labor and employment (2017-2021). He also has been selected as a Super Lawyer by New York Metro Super Lawyers (2007-2020).

Mr. Rubin taught employment law and served as co-director of Employment Rights Project from 1974 through 1978 at Columbia Law School. During that period, Mr. Rubin litigated a number of significant discrimination cases, including sex discrimination cases against The New York Times and Readers' Digest Association. Mr. Rubin's participation in the former case is described in the book, The Girls in the Balcony, by Nan Robertson, a former reporter for The New York Times.

REPRESENTATIVE ENGAGEMENTS

  • Represented a global investment bank in a multibillion-dollar nationwide antitrust class action and Multidistrict Litigation brought by municipalities that issued tax-exempt bonds alleging bid-rigging in the procurement of municipal bond investment vehicles.
  • Advised an investment bank in dealing with the fallout from buying a multibillion dollar package of mortgages. One of the mortgages provided that when all payments were made there would still be a residual of over $40 million owed. The original lender had obtained residual value insurance. The insurance company refused to honor the policy. We sued the insurance company and argued that the problems with the policy were its fault. The case was settled with the insurance company paying our client the whole multimillion dollar premium that the original lender had paid for the policy.
  • Counseled an investment bank in the handling of a $100 million stock swap dispute with another investment bank when the parties and the brokers all had different versions of the terms and none of them had a signed agreement.
  • Represented  the Association of National Advertisers, the American Advertising Federation, and the American Association of Advertising Agencies as amicus curiae before the United States Supreme Court in Nike v. Kasky; a First Amendment commercial speech case, concerning a corporation’s right to speak freely on matters of public concern and one of the most watched and  anticipated free speech cases in the last 20 years.
  • Obtained dismissal on behalf of an international media company in an action brought on by an employee alleging disability discrimination. Successfully opposed plaintiff's appeal to the Second Circuit.
  • Successfully compelled arbitration of a former employee’s claim on behalf of a major financial institution in a ruling that was affirmed by the U.S. Court of Appeals for the Second Circuit.
  • Counseled an investment bank’s leveraged buyout division in a FINRA arbitration regarding the firing of two senior executives with multimillion dollar guaranteed bonuses—for having their lawyer write a letter to the company’s chairman. The investment bank asserted that the writing of the letter was cause— insubordination—and the FINRA panel agreed and the executives did not receive their guaranteed bonuses.
  • Advised an investment bank in obtaining a summary judgment against an executive who threatened his boss—and tape recorded the threat. The individual sued for race, natural origin and disability discrimination, retaliation and violation of the FMLA. The Second Circuit affirmed the summary judgment despite an amicus brief by the EEOC.
  • Counseled an investment bank in the successful dismissal of a $20 million claim 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.
  • Counseled 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.
  • Represented 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.
  • Counseled a leading bank in seeking a restrictive covenant against one of its employees who was hired by one of the largest brokerage houses.
  • Represented an analyst at a hedge fund in a TRO and preliminary injunction when his former employer sought to stop him from going to a new hedge fund.
  • Advised an investment bank when an employee sued the bank and the insurance company under the long term disability insurance policy. The case against the bank was dismissed on summary judgment while the case against the co-defendant went to trial.

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association
New York City Association of Bar, previously on Civil Rights Committee
Solomon Schechter School of Manhattan
Park Avenue Synagogue, Vice President
Town & Village Synagogue, Past President

BAR ADMISSIONS

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

EDUCATION

Columbia University, J.D., Harlan Fiske Stone Scholar, 1972
Colgate University, with honors in Economics, A.B., cum laude, 1969


REPRESENTATIVE ENGAGEMENTS

  • Represented a global investment bank in a multibillion-dollar nationwide antitrust class action and Multidistrict Litigation brought by municipalities that issued tax-exempt bonds alleging bid-rigging in the procurement of municipal bond investment vehicles.
  • Advised an investment bank in dealing with the fallout from buying a multibillion dollar package of mortgages. One of the mortgages provided that when all payments were made there would still be a residual of over $40 million owed. The original lender had obtained residual value insurance. The insurance company refused to honor the policy. We sued the insurance company and argued that the problems with the policy were its fault. The case was settled with the insurance company paying our client the whole multimillion dollar premium that the original lender had paid for the policy.
  • Counseled an investment bank in the handling of a $100 million stock swap dispute with another investment bank when the parties and the brokers all had different versions of the terms and none of them had a signed agreement.
  • Represented  the Association of National Advertisers, the American Advertising Federation, and the American Association of Advertising Agencies as amicus curiae before the United States Supreme Court in Nike v. Kasky; a First Amendment commercial speech case, concerning a corporation’s right to speak freely on matters of public concern and one of the most watched and  anticipated free speech cases in the last 20 years.
  • Obtained dismissal on behalf of an international media company in an action brought on by an employee alleging disability discrimination. Successfully opposed plaintiff's appeal to the Second Circuit.
  • Successfully compelled arbitration of a former employee’s claim on behalf of a major financial institution in a ruling that was affirmed by the U.S. Court of Appeals for the Second Circuit.
  • Counseled an investment bank’s leveraged buyout division in a FINRA arbitration regarding the firing of two senior executives with multimillion dollar guaranteed bonuses—for having their lawyer write a letter to the company’s chairman. The investment bank asserted that the writing of the letter was cause— insubordination—and the FINRA panel agreed and the executives did not receive their guaranteed bonuses.
  • Advised an investment bank in obtaining a summary judgment against an executive who threatened his boss—and tape recorded the threat. The individual sued for race, natural origin and disability discrimination, retaliation and violation of the FMLA. The Second Circuit affirmed the summary judgment despite an amicus brief by the EEOC.
  • Counseled an investment bank in the successful dismissal of a $20 million claim 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.
  • Counseled 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.
  • Represented 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.
  • Counseled a leading bank in seeking a restrictive covenant against one of its employees who was hired by one of the largest brokerage houses.
  • Represented an analyst at a hedge fund in a TRO and preliminary injunction when his former employer sought to stop him from going to a new hedge fund.
  • Advised an investment bank when an employee sued the bank and the insurance company under the long term disability insurance policy. The case against the bank was dismissed on summary judgment while the case against the co-defendant went to trial.

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association
New York City Association of Bar, previously on Civil Rights Committee
Solomon Schechter School of Manhattan
Park Avenue Synagogue, Vice President
Town & Village Synagogue, Past President

BAR ADMISSIONS

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

EDUCATION

Columbia University, J.D., Harlan Fiske Stone Scholar, 1972
Colgate University, with honors in Economics, A.B., cum laude, 1969