LITIGATION
Litigation is one of the Firm's areas of strength. We represent domestic and international companies in a broad range of matters, with a focus on employment litigation. Our clients include entities in financial services, manufacturing, entertainment, not-for profit, and real estate. Our attorneys have litigated the full spectrum of employment disputes.
As part of our approach, we take the time to learn about and understand our clients' business and commercial activities, policies, and mandates, while interacting with employees on both the management and legal sides. We draw on this knowledge to serve our clients' needs in an informed and particularized fashion. This is reflective of our overall emphasis, which is to avoid over-lawyering and to deal directly with the individuals having information and responsibility for a particular matter.
Our employment litigation practice involves representation on human resources and employment matters of all kinds. We principally represent management and businesses in the following areas: wrongful discharge, breach of employment agreement, discrimination, sexual harassment and retaliation, compensation, ERISA and COBRA, covenants not to compete and solicit, whistleblower, and wage and hour. At the same time, we understand that workplace disputes may be damaging to employee relations, and therefore consider, when appropriate, dispute prevention and alternative resolutions. We are well-acquainted with the most current techniques, and frequently make use of formal and informal mediation.
We regularly conduct internal investigations of sexual harassment, discrimination, and other misconduct. In sensitive situations, we carefully investigate allegations, interview witnesses, and prepare reports. Our clients rely on us to handle their matters with skill and discretion.
In addition to appearing in court, we routinely represent clients before the Equal Employment Opportunity Commission and the National Labor Relations Board, in state and local administrative agencies, and in arbitrations.
We aggressively pursue our clients' cases, asserting their positions and protecting their interests. At the end of the day, we are trial attorneys dedicated to presenting or defending our cases.
Representative Matters
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We represented a motion picture producer at trial on claims involving life story rights, which resulted in a favorable outcome for our client.
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We obtained a multi-million dollar award in a AAA arbitration for an executive and shareholder of an investment adviser in which the Arbitrator construed a shareholders' agreement to require that the company pay the highest possible price for our client's shares.
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After extensive discovery and motion practice, including appeals, we obtained a jury verdict in favor of a media company in a disability action by a former employee. The jury found that the company had no duty to accommodate the employee by permitting him to work indefinitely from home based on our showing that attendance was an essential function of his job.
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We obtained a directed verdict at trial after a former employee presented her case of age discrimination against a leading apparel company. Even though the employee had been replaced by a younger worker, the Court held that there was no issue of discrimination for the jury because the decision was legitimately made in the context of a reorganization.
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We defended an international bank against claims by the president of its U.S. Division for bonus and other monies. A FINRA arbitration panel denied the employee's demand for millions of dollars on the basis that there was no agreement to pay and any bonus was entirely discretionary.
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We defended a hospital and its executives against a physician's race and national origin discrimination claims and obtained summary judgment. The Court concluded that there was no evidence of discrimination and that the physician had been legitimately discharged for stalking a co-worker.
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We obtained summary judgment for a television personality against claims of race and pregnancy discrimination. The Court agreed with our position that any comments concerning race and gender were merely stray remarks and insufficient to take the case to trial.
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We obtained summary judgment for our client on age discrimination claims. We demonstrated that changes in the employee's compensation plan were applied across-the-board, and had nothing to do with age.
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We obtained dismissal of a sexual harassment case on behalf of a company and its president. In a novel decision, the Court adopted our arguments that a consensual or romantic relationship could not support such claim.
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We convinced a class of plaintiffs in a wage and hour action to abandon their claims after making a motion for judgment on the pleadings on the ground that our client was not a joint employer and had no responsibility for wage payments.