Biography
Avery Mehlman is a partner in Herrick’s Litigation Department and a member of the Firm’s Executive Committee. His practice centers on complex commercial litigation, with a significant focus on foreclosure litigation, workouts and other real estate-related disputes as well as securities and employment matters. Avery represents clients in state and federal courts, as well as before administrative tribunals, arbitration panels and mediators. He also defends companies and individuals facing investigations and enforcement actions related to securities law violations, business crimes and alleged fraudulent practices brought by the U.S. Attorney’s Office, state attorneys general, district attorneys and the U.S. Securities and Exchange Commission.
In addition, Avery represents employers and employees in ERISA and employment litigation, including claims alleging wrongful discharge, sexual harassment and discrimination based upon disability, age, race, national origin and gender. Avery regularly litigates such matters before the state and federal courts, the EEOC, New York State Executive Department, Division of Human Rights and the New York City Commission on Human Rights. Avery also has worked extensively on complex wage and hour and other employment litigation including FSLA matters.
Avery's experience provides Herrick's clients with a distinct advantage in government investigations. Prior to joining Herrick, Avery worked for Mayor Michael Bloomberg as the Deputy Commissioner of the New York City Commission on Human Rights. As Deputy Commissioner, he successfully tried a landmark religious discrimination case which allowed Sikh members of the Police Department's Traffic Enforcement Unit to wear turbans, as required by the tenets of their faith. Additionally, Avery took on 16 of New York City's largest advertising agencies, requiring that they diversify their managerial and creative workforce.
Prior to joining the Mayor's office, Avery was a prosecutor in Brooklyn, serving as the chief of the Major Narcotics Investigations Bureau. In that role he supervised long-term narcotics and weapons investigations, and tried more than 50 felony cases, leading to the conviction of some of Brooklyn's most dangerous criminals. Avery also served as an appellate attorney in the District Attorney's Appellate Bureau and has argued before the Appellate Division, Second Department.