Representative Matters

Employment Law
• Breach of Employment Contract

  • Mediated claim brought by high level security employee of special purpose entity (SPE) with government contract alleging failure to make severance payment following termination of contract
  • Arbitrated highly charged dispute between mortgage broker and national mortgage financing entity over calculation of commission payments
  • Arbitrated breach of employment contract claim brought by executive of major hotel chain challenging a termination for cause

  Class Action and Group Claims

  • Mediated complex race discrimination class action brought by municipal workers alleging that they were underpaid on the basis of race and job classifications. The case resulted in an eight-figure settlement after five mediation sessions
  • Co-mediated numerous wage and benefit-related claims brought by state government agencies on behalf of gig workers at major companies resulting in eight- and nine-figure settlements 
  • Mediated class action against well-known delivery service involving allegations of discrimination on the basis of past criminal history

  Discrimination

  • Age Discrimination
    • Mediated age discrimination and failure to hire claims brought by several long-time employees of accounting firm who alleged they were misclassified as independent contractors and replaced by younger employees who were hired into newly created positions
    • Mediated age discrimination claim brought by long time executive of advertising firm alleging that a change in the commission plan disadvantaged older employees
    • Arbitrated several age discrimination claims brought by former employees of major technology corporation alleging that top management spearheaded efforts to recruit younger workers and force out older workers
    • Mediated age discrimination claim brought by septuagenarian associate general counsel at a prominent accounting firm who alleged she was demoted and terminated on the basis of age
  • Disability and Family Medical Leave Act (FMLA) Discrimination
    • Mediated disability discrimination and failure to accommodate claims brought by junior associate with ADHD, anxiety, and depression against major consulting firm
    • Mediated disability discrimination claim brought by hospital employee with Parkinson’s Disease who alleged discriminatory treatment and retaliation
    • Mediated discrimination and retaliation claims brought by employee of not-for-profit organization who alleged she was terminated after taking FMLA leave
    • Mediated disability discrimination claim brought by employee of security provider for government agency concerning a medical disqualification that he alleged did not impact his ability to perform his job
  • Gender and Pregnancy Discrimination
    • Mediated gender discrimination claim brought by long-time executive at prominent financial firm claiming that opportunities given to male employees were not available to her and that a male subordinate was promoted over her
    • Arbitrated highly contentious pregnancy, gender discrimination and retaliation claims brought by executive against digital advertising company (case settled just prior to the hearing)
    • Mediated gender discrimination and hostile work environment claims brought by income law firm partner alleging impact on opportunity for equity partnership
    • Mediated pregnancy and caregiver status discrimination claims brought by in-house counsel at publishing company who alleged disparate treatment
  • Race and National Origin Discrimination
    • Mediated race discrimination and overtime claims brought by long-time assistant of professional sports league executive who alleged she was denied promotion opportunities due to her race
    • Mediated race discrimination and retaliation claims by newly hired employee of educational equity not-for-profit organization who alleged he was terminated for comments made about race at company event
    • Mediated claims of discrimination on the basis of national origin and immigration status brought by employee alleging employer’s failure to renew her visa
    • Mediated race discrimination claim brought by executive of major publishing company alleging disparate treatment and retaliation for complaining about use of racially inflammatory language
  • Religious Discrimination
    • Mediated religious discrimination claim brought by prominent Jewish financial analyst alleging he was terminated after social media postings involving Israel-Gaza war
    • Mediated religious discrimination claim arising from employee’s refusal to obtain COVID-19 vaccination
  • Sexual Orientation and Gender Identity
    • Mediated dispute brought by male employee alleging sexual orientation discrimination and harassment against male candidate for political office 
    • Arbitrated claims brought by airport employee alleging sexual orientation discrimination and harassment by numerous employees
    • Mediated claim brought by non-binary employee of industrial design firm alleging harassment and discriminatory treatment based on gender expression and perceived sexual orientation

  Executive Compensation

  • Member of tripartite arbitration panel concerning multi-million-dollar compensation dispute between executive and family-held conglomerate concerning rights and obligations under a Long Term Incentive Plan Award Agreement (LTIP)
  • Mediated claim brought by executive of media company who alleged he was improperly terminated for cause and denied severance under his employment agreement
  • Mediated claim brought by bank executive concerning dispute over the terms of an incentive award that she alleged induced her to leave her former employer 

  Fair Labor Standard Act (FLSA)/Wage and Hour Claims

  • Mediated numerous overtime and misclassification claims, including claims brought by insurance claims managers, shipping company service managers, financial portfolio managers, and field technicians
  • Mediated numerous overtime and minimum wage claims brought by hourly employees including car dispatchers, building workers, restaurant employees (including tip credit and tip misappropriation/disgorgement), home care attendants (including 24-hour care rule), and nail salon technicians
  • Mediated claims by domestic worker for an elderly woman and her daughter that she was not properly compensated as an employee 

  Sexual Harassment and Sexual Assault

  • Mediated rape and sexual assault claims brought by female lawyer against male partner at small law firm with allegations going back numerous years 
  • Mediated sexual harassment and sexual assault claims occurring over many years brought by employee of software company against company executive
  • Mediated sexual harassment and retaliation claims brought by high school teacher who alleged that school did not support or protect her from harassment by students 
  • Mediated sexual harassment, assault and false imprisonment claims brought by assistant to real estate magnate
  • Mediated rape and sexual assault claims brought by employee of not-for-profit anti-poverty organization

  Whistleblower Claims

  • Mediated whistleblower and retaliation claims brought by accountant at major financial firm alleging violations of Sarbanes-Oxley Act (SOX) and accounting irregularities
  • Mediated whistleblower and retaliation claims brought by top executive and the general counsel of financial services start-up alleging that the company’s projections were based on false information
  • Mediated whistleblower and retaliation claims brought by sales employee against major pharmaceutical company involving allegations of Medicare and insurance fraud
  • Mediated claims under the False Claims Act (FCA) and New York False Claims Act brought by employee of medical laboratory service provider who alleged improper incentives were being given to promote certain medications and laboratories
  • Mediated whistleblower, harassment and retaliation claims brought by museum development director who accused top management of financial mismanagement 

  Wrongful Termination

  • Mediated dispute between financial analyst and bank concerning analyst’s termination, including allegations that analyst breached the bank’s employment policies with defamatory statements
  • Mediated wrongful termination claim by employee who complained about employer’s alleged inflated internal revenue reporting
  • Mediated wrongful termination claim by bartender at popular nightclub who was terminated following incident involving an alleged drugging by a bar patron
Business & Commercial
• Breach of Contract

  • Arbitrated dispute involving claims of fraud in the inducement and breach of contract in the purchase and sale of luxury timeshare and associated travel benefits
  • Mediated dispute between high-end health food chain and advertising firm over whether firm fulfilled its contractual obligations
  • Arbitrated dispute between ride-share platform provider and electronic fare payment platform provider involving arrangement for advancement of taxicab fares to customers
  • Mediated dispute arising from agreement between secondary school and entity providing recruitment of and coordination of residential services for international students

  Partnership/Family Business Disputes

  • Mediated dispute between co-founders of Brooklyn-based creative agency involving allegations of theft and fraud
  • Mediated dispute involving highly contentious dissolution of family-held real estate business
  • Served as Panel Chair in arbitration of highly contentious partnership dispute involving an 18-year relationship between software company executives (case settled just prior to the hearing)
Insurance
• • Mediated complex D&O coverage claim by former officer of sports federation charged with various financial crimes including money laundering
  • Mediated dispute between commercial landlord, tenant, insurance broker and carrier arising from insurance procured to cover damage from a fire
  • Mediated complex coverage claim involving falsification of life insurance application
  • Mediated dispute between commercial builder and insurer concerning payment of premiums for workers compensation coverage 
  • Mediated numerous insurance coverage disputes involving claims for property damage and business interruption brought by home and business owners affected by Superstorm/Hurricane Sandy, including claims for damage caused by flood, wind, water, and mold
Personal Injury & Tort (Including Sexual Assault)
• • Mediated defamation, intentional infliction of emotional distress and sexual assault claims brought by health care proxy for wealthy individual suffering from numerous physical and mental health conditions
  • Mediated sexual assault claims under the New York Adult Survivors Act brought by individuals hired as masseuses for wealthy investor
  • Mediated dispute arising from damages sustained from an assault and home invasion by an international professional athlete under the influence of alcohol
  • Mediated claim of injury to infant caused by Legionella outbreak in apartment complex
  • Mediated and arbitrated numerous claims brought by former employees or their estates seeking reimbursement for asbestos-related injuries from bankruptcy trust funds
Civil Rights (Including Public Accessibility)
• • Mediated complex claims under Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) involving multiple residential buildings, developers, and architects
  • Mediated numerous claims seeking ADA compliance and remediation for wheelchair accessibility against a well-known supermarket chain, a movie theater, a high-end boutique and a popular coffee shop
  • Mediated claims of disability discrimination against several municipalities brought by deaf individual during arrest and detention for failure to provide sign language interpreters
  • Mediated ADA claim by wheelchair-bound patient who alleged that she was refused treatment by oral surgery practice