Margaret L. Shaw, Esq.

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

Locations

Available to hear cases nationwide.
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Employment
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. For twenty-five years she was also an Adjunct Professor of Law at NYU Law School where she taught ADR and negotiation.

Representative Matters

  • A class action against a company in the telecommunications industry alleging disparities in pay on the basis of national origin and retaliation for making complaints
  • A class action against a large business conglomerate alleging gender discrimination in compensation, promotions, training and performance evaluations
  • A class action against a large restaurant alleging a pattern and practice of discrimination on the basis on national origin
  • A class action against a multi-national company alleging that certain classes of individuals were unlawfully determined to be ineligible to participate in various ERISA plans due to the number of hours they worked
  • A class action against a nationwide retailer alleging sexual harassment and gender discrimination
  • A number of class actions against entities in the financial services industry alleging gender discrimination with respect to account distributions, partnerships, promotions, and other aspects of employment
  • A class action claim alleging mismanagement of an ERISA governed retirement plan
  • Claims of age discrimination litigated as a group against company in the communications industry
  • Claims of race discrimination litigated as group against large insurance company
  • Class action claim involving age discrimination claims brought by employees terminated as a result of reduction in force
  • Collective and class actions involving wage claims under state laws and the Fair Labor Standards Act against companies and entities in numerous industries including restaurants, transportation, employment services, telecommunications, investigations, installations, telemarketing and retail
  • Hundreds of matters involving disability, age, race, gender, sexual orientation, and sexual harassment claims against public and private sector employers in a wide variety of industries
  • Many claims involving alleged breaches by former employees of restrictive covenants, including non-solicitation of employees and customers and disclosure of confidential information
  • Many claims involving entitlements under employment contracts of high level executives, including a case involving the rights of a Chief Executive Officer of a large company under his employment contract in circumstances involving alleged breaches of fiduciary duties
  • Many claims involving failures to make partner in law firms
  • Many claims involving the denial of tenure at colleges and universities
  • Many claims regarding compensation and other employee benefits brought by employees in the securities industry
  • Mediated a suit brought by a company in the financial services industry against a departing employee alleged to have taken confidential and proprietary information and a case involving claims of a placement agency against a competitor that hired several of its employees alleging, among other things, theft of trade secrets
  • Mediation involving allegations of defamation, breach of contract, and breach of fiduciary duty by a senior manager of a hedge fund
  • Mediation of a claim brought against a college by seventeen former professors who alleged wrongful discharge and defamation
  • Numerous neutral investigations of claims of sexual harassment, retaliation, and/or ethics violations involving employers in both the public and private sectors
  • Special Master in EEOC v. Astra USA, Inc. settlement of sexual harassment charges, and EEOC v. Verizon settlement of service credit for leave claims

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