Margaret L. Shaw, Esq.

T: 212-751-2700
F:212-751-4099

Locations

Available to hear cases nationwide.
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Class Action/Mass Tort
Margaret Shaw is widely respected for her persistence and creativity in reaching settlement. She has participated in the resolution of thousands of disputes nationwide.

A former civil litigator, Ms. Shaw has maintained an active ADR practice for almost thirty years. She joined JAMS when ADR Associates, a firm she co-founded, merged with JAMS in 2004.

Ms. Shaw is a Fellow of the College of Labor and Employment Lawyers and the author of numerous articles on a variety of aspects of the ADR field several of which address class actions, including a chapter on Class Action, Mass Claims, and Streams of Cases in the ADR Handbook for Judges published by the Federal Judicial Center. She also was for twenty-five years an Adjunct Professor at NYU Law School where she taught ADR and negotiation.

Representative Mediations

  • A number of gender class actions against entities in the financial services industry alleging discrimination with respect to account distributions, partnerships, promotions, and other aspects of employment
  • Class action against a company in the telecommunications industry alleging disparities in pay based on national origin and retaliation for making complaints
  • Class action against a large business conglomerate alleging gender discrimination in compensation, promotions, training, and performance evaluations
  • Class action against a large restaurant alleging a pattern and practice of discrimination on the basis of national origin
  • Class action alleging mismanagement of an ERISA-governed retirement plan
  • Class and collective actions involving wage claims under state laws and the Fair Labor Standards Act in numerous industries including restaurants, transportation, employment services, telecommunications, investigations, installations, and retail
  • Consumer class action brought by lessors of motor vehicles alleging excess charges
  • Consumer class action involving equipment lease financing company
  • ERISA class action challenging computation of interest credit used to value plan benefits
  • ERISA class action claiming that certain classes of individuals were unlawfully determined to be ineligible to participate in various plans of a large multi-national company due to the number of hours they worked
  • ERISA class action seeking reallocation of demutualization funds
  • Mass of claims alleging race discrimination brought against insurance company
  • Mass of claims alleging race discrimination brought against national oil company
  • Mediated class action against national jewelry retailer involving claims of sexual harassment
  • Mediated class action alleging violations of the Age Discrimination in Employment Act in connection with company’s reduction-in-force
  • Served as one of four mediators appointed by the Bankruptcy Court to mediate preference actions involving Ames Department Stores
  • Served as one of two mediators named in the Bankruptcy Court’s ADR order for personal injury and tort claims in the Chapter 11 bankruptcy proceedings involving Bradlees Stores, Inc.
  • Wrongful discharge, breach of contract, and defamation (alleged) claims brought by 17 former professors against a college

Special Master/Discovery Referee, Representative Matters

  • Designated arbitrator under settlement agreement between Verizon and Communication Workers of America related to Family and Medical Leave Act claims
  • Special Master in EEOC et al. v. Bell Atlantic Corporation et al., adjudicating service credit for leave claims
  • Special Master in EEOC v. Astra Pharmaceuticals, class action case involving claims of sexual harassment, to distribute $9.9 million settlement fund

Honors, Memberships, and Professional Activities

  • Recognized as a Best Lawyer, ADR Category, Best Lawyers in America, 2006-2010
  • Recognized as a New York Super Lawyer by Law & Politics Magazine, 2006-2010
  • Fellow, College of Labor and Employment Lawyers, 2003-present
  • Distinguished Service Award, Society of Professionals in Dispute Resolution, 1993
  • Practical Achievement Award, Center for Public Resources, 1992
  • Recent ADR articles authored by Margaret Shaw include:
    • Co-author, "The Past Present and Future of Mediation as Seen Through the Eyes of Some of its Founders," Negotiation Journal (April, 2010)
    • Co-author, “The Secrets of Successful (and Unsuccessful) Mediators Continued: Studies Two and Three,” Negotiation Journal, vol. 23 (October, 2007)
    • Co-author, “Old Wine in New Bottles? The Use of Baseball Arbitration in the Business/Commercial Context” ABA Dispute Resolution Magazine, 2007
    • Co-author, “Arbitrators Hold Significant Power Over Discovery,” National Law Journal, November, 2006
    • Co-author, “Mediating Class Actions,” ADR Handbook for Judges (Washington, D.C.: American Bar Association, 2004)

Background and Education

  • Mediator, District and Bankruptcy Courts, Southern District of New York, 1992-present
  • Litigator, Cravath, Swaine & Moore; Grand & Ostrow, 1972-1980
  • J.D., New York University School of Law, 1972, Order of the Coif
  • B.A., Smith College, Northampton, Massachusetts, 1966, Phi Beta Kappa