Litigated Matters

  • Five day arbitration hearing (AAA) asserting claims of gender discrimination, defamation and federal statutory privacy violations on behalf of female executive.

  • Defense of action for breach of non-competition and non-solicitation covenants against custom luxury goods entrepreneur, through state court preliminary injunction proceedings, extensive discovery and seven day arbitration hearing (AAA).

  • Gender and disability discrimination action on behalf of female New York City correction officer. Vives v. City of New York, 2019 WL 1386738 (E.D.N.Y.2019).

  • Defense of seven separate actions in New York federal and state courts for breach of restrictive covenants against agribusiness sales and managerial employees working in Kentucky, Mississippi and Colorado. See, e.g., Pinnacle Agriculture Distribution, Inc. v. Benjamin Watts, 2019 WL 1779588 (S.D.N.Y 2019); Pinnacle Agriculture v. Jeremy Watts, 2019 WL 1243088 (N.Y. Cty. 2019).

  • Contributed to appellate brief in successful defense of challenge to district court’s award of prevailing party attorney fees to plaintiff in action under Americans with Disabilities Act and Family Medical Leave Act. Diaz v. Saucon Valley Manor, Inc., 579 Fed App’x 104 (3d Cir 2014).

  • Federal trial of claims for unpaid overtime compensation on behalf of litigation graphics consultant. Kadden v. Visualex, LLC, 910 F. Supp. 2d 523 (S.D.N.Y. 2012), subsequent decision re damages 2012 WL 5199369 (2012) subsequent decision re attorney fees 2012 WL 6097656 (S.D.N.Y. 2012); see also pretrial rulings 2012 WL 3031480 (S.D.N.Y. 2012).

  • Gender discrimination and retaliation action by physician employed as executive at health insurance plan. Casalino v. New York State Catholic Health Plan, Inc., 2012 WL 1079943 (S.D.N.Y. 2012).

  • JAMS Arbitration on behalf of manager at major logistics company alleging violation of anti-retaliation provisions of EEOC settlement agreement, resulting in awards of lost wages, compensatory damages and prevailing party attorney fees.

  • Defense of action alleging breach of restrictive covenants on behalf of four employees working in the testing and certification of laboratory biosafety cabinets. ENV Services v. Alesia et al., 809 N.Y.S. 2d 481 (Nassau Cty 2005).

  • Trial of claims against construction company by former employee seeking unpaid commissions, finders fees and related claims.

  • Five day arbitration of claims for compensation by chief financial officer of privately held telecommunications company.

  • Federal litigation of claims by physician against hospital and its defined contribution plan for breach of fiduciary duty under federal Employee Retirement Income Security Act. Simeon v Mt. Sinai Hospital, 150 F. Supp 2d 598 (S.D.N.Y. 2001).

  • Successful appeal at Appellate Division, First Department upholding trial court decision invalidating a transfer of funds under New York Debtor and Creditor Law. First National Bank of Maryland v. Fancy, 663 N.Y.S. 2d 851 (1st Dept 1997), leave to appeal denied by 92 N.Y.2d 803 (1998), modified by First National Bank of Maryland v. Fancy, 704 N.Y.S.2d 546 (1st Dep’t 2000).

  • Second Circuit appeal reversing trial court and reinstating Fourth Amendment claim by incarcerated prisoner against State of Connecticut. Branham v. Meacham, 77 F. 3d 960 (1996).

  • Appeal at New York Appellate Division, Third Department, affirming summary judgment in favor of sellers of newspapers related to purchasers’ attempt to accelerate promissory note alleging inadequacy of collateral posted to secure payout. Tunnell Publishing v. Straus Communications, 565 N.Y.S. 2d 572 (3d Dep’t 1991).

  • Appellate brief and argument to U.S. Court of Appeals for the Third Circuit related to termination of sales representative employed at will, upholding district court dismissal of action. Kennedy v. MBS Textbook Exchange, 932 F. 2d 960 (3d Cir. 1991).

  • Argued three appeals to U.S. Court of Appeals for the Second Circuit related to enforcement of National Labor Relations Board bargaining orders on behalf of intervenor labor union. NLRB v. Accurate Web, 818 F. 2d 273 (2d Cir. 1987), NLRB v. Star Color Plate, 843 F. 2d 1507 (2d Cir. 1988); NLRB v. Koppel Photo Engraving, 755 F. 2d 914 (2d Cir. 1988).

Recent Executive Negotiations

  • Representation of executive director of non profit education foundation in connection with resignation of employment.

  • Representation of president of multinational consumer goods firm in negotiations to assume large CEO position at consumer technology company.

  • Representation of logistics and consumer products executive joining internet based consumer products firm as chief executive officer.

  • Representation of partner in large architectural firm connection with negotiation new employment agreement.

  • Representation of London based financial services executive on issues related to restrictive covenants enforceable under New York law.

  • Representation of senior vice president of major bank in separation negotiations.

  • Representation of senior lawyer in negotiations join to large law firm.

  • Representation of investment banker leaving to take position with operating company.

  • Representation of investment banker in connection with departure from major bank.

  • Representation of retired founder of law firm in negotiating separation payments owed under agreement with the partnership.

  • Representation of consumer sector senior supply chain executive in evaluation of offers of new employment.

  • Representation of former officer of start up in connection with settlement of stock options claims upon the sale of the company.

  • Representation of real estate executive in joining large privately owned global real estate investment, development and management firm, as senior managing director.