David S. Ross, Esq.

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

Locations

Available nationwide
Employment

David S. Ross, Esq. is a mediator with JAMS, and has resolved thousands of two-party and multi-party employment disputes throughout the country, including class actions.

Mr. Ross specializes in resolving employment-related disputes. Mr. Ross has settled claims of discrimination based on age, disability, national origin, pregnancy, race, religion, sex and sexual orientation, as well as disability, FMLA, severance, bonus, breach of contract, and ERISA claims. Mr. Ross has settled sexual harassment class actions and hundreds of individual sexual harassment matters.

Mr. Ross, whose mediation career has been featured in The New York Law Journal and The National Law Journal, also teaches a negotiation course at Columbia University Law School.

Representative Mediations

  • Settled an eight plaintiff class action involving FLSA, retaliation, hiring of a minor, spread of hours and failure to accommodate claims against a national warehouse chain
  • A sexual harassment and retaliation class action brought by female employees of an international air carrier. The case alleged widespread harassment by supervisors, and thus resulted in one of the largest settlements in New York State history
  • Age discrimination, ERISA, severance, and libel claims brought by an Executive Vice-President and General Manager of a European bank against his former employer
  • Claim by a female administrative assistant that the CEO of a major insurance carrier retaliated against her and denied her FMLA rights when she refused his sexual advances
  • Claim by a Managing Director of an investment bank that he was wrongfully terminated when senior management learned that he was infected with HIV
  • Claim by the company manager of a Broadway production that he was discriminated against based on his gender and his sexual orientation as a heterosexual male
  • Claims by a Hispanic male marketing manager that his male supervisor sexually harassed him and retaliated against him by failing to promote him
  • Claims by several African American security guards against an entertainment conglomerate alleging racial discrimination, hostile work environment, and wrongful termination
  • Discrimination, retaliation, and intentional infliction of emotional distress claims brought by an Indian male physician who served as the Director of Clinical Research at a major hospital
  • Dozens of bonus claims by former brokers, traders, and research analysts against most of the major investment banks. For example, Mr. Ross resolved a multi-million dollar bonus claim and breach of implied contract claim brought by a former Director of Investment Banking against her former employer
  • Hundreds of gender discrimination and failure to promote claims brought by female brokers, traders, managers, financial advisors, and research analysts against most of the major U.S. investment banks
  • Wrongful termination claim by a female high school teacher against the school superintendent and the school district

Honors, Memberships, and Professional Activities

  • Adjunct Professor, Columbia University School of Law, 1995-present
  • Inaugural Chair / Facilitator, Rainforest Alliance Honoree Program (2016)
  • Panelist, NYU Law School / ABA Mediation Week (2015)
  • Panelist, Workshop on Employment Law for Federal Judges (2008)
  • Mediation Trainer, Bar Association of the City of New York; Cornell University School of Labor/Industrial Relations, U.S. Attorney General
  • Editor of a leading negotiation textbook Beyond Winning: Negotiating to Create Value in Deals and Disputes (Harvard University Press, 2005)
  • Co-Chair, Employment Dispute Resolution Systems, NYU Law School
  • Former Member, National Mediation Panels : Merrill Lynch, NASD, AIG
  • Conducts seminars on mediation advocacy & ethics, and negotiation
  • Guest speaker on mediation at ABA Conferences, NYU School of Law, Brooklyn Law School, The Practicing Law Institute, and The American Corporate Counsel Association
  • Authored articles on ADR, including "Strategic Considerations in Choosing a Mediator" (The Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 1, Spring 2002) published by CCH and "The Role of Feelings in Mediation" (Dispute Resolution Alert, February 2010)

Background and Education

  • Prior to joining JAMS, Mr. Ross practiced in the litigation department at Cravath, Swaine and Moore
  • LL.M., Alternative Dispute Resolution, Columbia Univ. Law School (1993)
  • J.D., New York University Law School, 1989 (Moot Court Board)
  • B.A., with honors, University of Virginia, 1986
    • Visiting Scholar, Cambridge University, England (1985-1986)

Disclaimer

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