Robin H. Gise, Esq. is a skilled mediator and arbitrator with deep experience resolving complex disputes including business/commercial, construction defect, employment, insurance and public accessibility matters. She is known for her preparation, tenacity, patience and well-honed communication skills.
Ms. Gise is particularly renowned for her extensive experience resolving complex employment and labor disputes including discrimination claims (age, race, religion, national origin, disability, sexual orientation, and pregnancy), hostile work environment, sexual harassment, wrongful termination and retaliation, non-compete agreements, executive compensation and FLSA/wage and hour claims, including class and collective actions.
Ms. Gise is a sought after writer and speaker in the ADR field. Her writings have been published in the New York Law Journal, Bloomberg BNA, the ABA Dispute Resolution Magazine, and many other publications. Recent speaking engagements include presentations at the ABA Section of Litigation, the New York City Bar Association, and the Federal Bar Association. Ms. Gise is a member of the Eastern District of New York Mediation Panel, the New York Supreme Court Commercial Division ADR Roster, and the FINRA Dispute Resolution Panel.
ADR Experience and Qualifications
- Business/Commercial: Breach of contract, fee disputes, partnership disputes and dissolutions in a variety of industries including financial services, energy, manufacturing, technology, and entertainment
- Construction: Claims involving allegations of work defects, design defects, architectural and engineering malpractice, unauthorized change orders, delays, and breach of contract
- Employment: Individual and multi-party claims of discrimination (race, gender, age, disability, national origin, and sexual orientation), ADA failure to accommodate, retaliation and harassment, executive compensation (bonuses, commissions, severance, equity valuation), wage and hour and FLSA individual, class and collective actions (overtime, unlawful deductions, exemptions, off the clock, tip misappropriation, fluctuating work week) and non-compete and non-solicitation agreements
- Insurance: Complex coverage claims, claims under Directors & Officers (D&O) and other types of policies including Errors & Omissions (E&O), Commercial General Liability, excess coverage, and matters involving multiple insurance towers; claims by home and business owners for damage resulting from Storm Sandy
- Personal Injury: Asbestos claims pursuant to bankruptcy-court approved settlement trust procedures; wrongful death claims
- Real estate: Commercial leases, purchase and sale agreements, and claims for breach of fiduciary duty
Representative Matters
- Business/Commercial
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Mediated dispute between high- end health food chain and an advertising firm over whether firm fulfilled its contractual obligations
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Mediated dispute over transfer tax calculations in major commercial property transaction
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Mediated highly contentious dissolution of a family-held real estate business
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Arbitrated fee dispute between public relations firm and client involving issues of contract formation
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Arbitrated dispute involving commercial solar panel installation
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Arbitrated dispute involving purchase and sale of interests in development of housing project
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Mediated and/or co-mediated with distinguished JAMS neutrals numerous consolidated Directors & Officers (D&O) and securities class actions involving related domestic and international bankruptcy proceedings
- Construction Defect
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Arbitrated complex construction defect and delay claims involving numerous residential apartment complexes
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Mediated and/or co-mediated multiple construction defect and delay disputes, some with architectural and engineering malpractice claims, including one matter stemming from the collapse of a townhouse
- Employment
Ms. Gise has mediated and arbitrated hundreds of employment disputes in a wide-range of areas. Select examples include:
- Employment Discrimination
- Mediated male-on-male sexual harassment and sexual orientation discrimination claims brought by employee of candidate for political office
- Mediated age discrimination claim brought by long-term employee of advertising firm
- Mediated numerous sexual harassment and hostile work environment claims including claims brought by documentary film producer against film maker, by employee of well-known spa, and by sales employee of imported leather goods distributor
- Mediated numerous pregnancy discrimination claims including claims brought by digital producer against entertainment company, by executive at well-known cosmetics maker, and by employee at high-end fashion accessories company
- Mediated gender discrimination claim brought by executive at a natural products company
- Mediated race discrimination claim brought by manager at an electronics retailer
- Mediated Family Medical Leave Act and disability claims brought by pharmacy chain manager
- Mediated hostile work environment claim brought by Muslim employee accused of terrorist associations
- FLSA/Wage and Hour
- Mediated and co-mediated numerous overtime and misclassification claims brought by insurance claims managers, shipping company service managers, financial portfolio managers, field technicians, and tennis professionals
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Mediated numerous overtime claims brought by car dispatchers, building workers, and restaurant employees (including tip misappropriation), home care attendants (including 24-hour care rule), and nail salon technicians
- Breach of Employment Contract
- Mediated dispute between financial analyst and bank concerning analyst’s termination, including allegations that analyst breached the bank’s employment policies with defamatory statements
- Arbitrated dispute between sales employee and seller of financial software over calculation of commission payments
- Mediated claim by financial analyst seeking to expunge defamatory material from U-5 termination notice
- Arbitrated breach of employment contract claim brought by executive of a major hotel chain challenging a termination for cause
- Arbitrated hundreds of labor-management disputes, including contract interpretation questions and grievances, in the education, healthcare and transportation industries, and in municipal workforces
- Insurance
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Mediated complex D&O coverage claim by former officer of sports federation charged with various financial crimes including money laundering
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Mediated complex coverage claim involving falsification of life insurance application
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Mediated numerous insurance coverage disputes involving claims for property damage and business interruption brought by home and business owners affected by Storm Sandy, including claims for damage caused by flood, wind, water, and mold
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Mediated and/or co-mediated other types of property insurance coverage disputes including construction defects, architectural and engineering malpractice, and defect and delay claims
- Professional Liability
- Co-mediated multiple matters involving malpractice claims against architects, engineers, as well as claims for legal and accounting malpractice
- Public Accessibility
- Mediated claims seeking ADA compliance for wheelchair accessibility against well-known supermarket chain and against major cinema corporation
- Mediated dispute between wheelchair-bound tenant and co-op board over accessibility of the building’s common areas
