Significant Matters

Employment Practice Highlights:

  • Handled a dispute between a senior-level executive and a multi-billion dollar company involving compensation, trade secrets and non-competition restraints.
  • Litigated a series of related race discrimination, disparate treatment, hostile work environment and retaliation claims where the federal district court granted summary judgment in our favor and the Second Circuit Court of Appeals affirmed.
  • Handled class action involving age discrimination and a Fortune 500 utility company.
  • Litigated a whistleblower claim involving a high-level state employee and the provision of information to the FBI about potential graft in a state program the employee audited.
  • Litigated a federal wage and hour class action involving public sector employees in connection with work performed during and prior to scheduled shifts.
  • Litigated various state law tort claims based on alleged wrongdoing by employees where the federal district court granted summary judgment in our favor and the Second Circuit Court of Appeals affirmed.
  • Employee Benefits Practice Highlights:

  • Counsel to multi-billion dollar pension funds.
  • Successfully designed, created and obtained regulatory approval of a cutting-edge welfare benefit plan with multiple employer participation.
  • Negotiated a severance package and agreement for a senior executive of a Fortune 500 company.
  • Successfully defended a multi-employer pension plan against the Department of Justice, having several hundred thousand dollars in penalties abated.
  • Counsel to the employee benefit plans of professional athletes.
  • Established non-qualified deferred compensation plans for tax-exempt entities with significant assets.
  • Counsel to VEBAs with individual assets exceeding $500 million.
  • Negotiated an employment agreement for a senior executive in conjunction with a change in control.
  • Labor Practice Highlights:

  • Successfully litigated a high-profile plant relocation case whereby millions of dollars of back pay was collected and the union was awarded recognition at the relocated workplace.
  • In a uniquely favorable result, the court directed an employer to pay the union’s attorneys’ fees after we successfully enforced, through litigation, an arbitrator’s award in favor of the union.
  • Successfully litigated numerous cases to either stop double-breasted operations or secure favorable long-term union contracts to limit double breasting.
  • Obtained an NLRB decision barring the merger of a subsidiary’s longstanding union pension plan into the multi-national parent’s non-collectively bargained pension plan.
  • Obtained summary judgment, on behalf of a large state-wide labor union, dismissing a class action that sought substantial damages for alleged violations of the duty of fair representation and ERISA in connection with pension benefits.
  • Successfully litigated NLRB Section 10(j) injunction cases. In one instance we obtained an order barring a plant relocation within the United States. In another, we obtained an order requiring recognition of the union and application of the labor contract by a successor employer at a relocated workplace.
  •  Litigation Practice Highlights:

  • A bankruptcy court claim, on behalf of a coalition of 30 pension plans, seeking $15,000,000.00 in advancements from the Securities Investor Protection Corporation (SIPC) for theft of plan assets by a broker in connection with investments in hedge funds. Our client coalition represented approximately $72,000,000.00 in bankruptcy claims.
  • A dispute, on behalf of a senior-level executive of a multi-billion dollar real estate development company, involving compensation, the use of trade secrets and confidential information and the application of non-competition restraints.
  • A series of related race discrimination, disparate treatment, hostile work environment and retaliation claims where the federal district court granted summary judgment in our favor and the Second Circuit Court of Appeals affirmed.
  • A shareholder class action claim alleging that the Board of Directors failed to adequately discharge their fiduciary duties by not maximizing shareholder value in connection with a $2.3 billion merger transaction.
  • A federal wage and hour class action involving public sector employees in connection with work performed during and prior to scheduled shifts.
  • A claim, on behalf of a large state-wide labor union, where we obtained summary judgment in dismissal of a class action that sought substantial damages for alleged violations of the duty of fair representation and ERISA.
  • A claim, on behalf of an ERISA health plan, where we recovered millions of dollars in connection with an investment in a hedge fund.
  • Various state law tort claims based on alleged wrongdoing by employees where the federal district court granted summary judgment in our favor and the Second Circuit Court of Appeals affirmed.
  • A series of eight different U.S. Department of Labor investigations related to investments, including investments in hedge funds, by employee benefit plans.
  • Agency fee claims under the First Amendment where federal district court granted summary judgment in our favor.
  • An employment-based business tort action brought in New York State Supreme Court that resulted in a settlement favorable to our client.