Matters

Health Care Provider – Dismissal of Actions Alleging Discrimination and Retaliation

Successfully defended a healthcare provider against alleged sex and gender discrimination and retaliation claims by a former employee. Obtained full dismissal of all claims in the U.S. District Court in the Southern District of New York.

Property Owner/Manager – Secured Dismissal of Discrimination Claims

The New York State Division of Human Rights issued a finding of no probable cause and awarded a complete dismissal of claims in favor of the property manager, finding that the tenant was not subject to housing-based discriminatory practices related to familial status and/or race.

Major Telephone Company – Appellate Win That May Benefit Utility Companies Throughout New York City

Successfully defended a major telephone company against claims brought by a New York City contractor seeking several million dollars in fees for “interference work” under a municipal contract. Our client challenged the interpretation of a common law rule related to interference work, although many contractors had been utilizing this interpretation for years in order to obtain payments for this work from the utilities. This Appellate Division decision affirmed the correct interpretation of the common law which only allows the City (and not a private contractor), when utilizing its police powers, to require payment from utilities for protection or relocation of its facilities. Going forward, utilities may have substantial sums that they were previously led to believe that they were responsible.

Public and Private Companies – Establishing and Implementing Policies and Anti-Harassment Training

Works extensively with audit committees, boards of directors, legal departments, and HR professionals to create and implement policies and procedures, and conduct training programs designed to combat illegal harassment, discrimination and retaliation in the workplace. Advise and counseling also includes navigating companies through the evolving laws, executive orders and guidelines concerning Covid-19.

Commercial Bank – Secured Dismissal of Whistleblower Claims

Occupational Safety and Health Administration (OSHA) issued a finding of no reasonable cause dismissing claims brought by former bank employee who alleged that her termination violated federal whistleblowing laws.

Manufacturer – Secured Dismissal of Discrimination Claim

Secured a dismissal of charge of racial discrimination and retaliation claims before the U.S. Equal Employment Opportunity Commission (EEOC) in favor of the manufacturer employer.

Claim Based on Company’s Compliance with Vaccine Mandate Dismissed

The New York State Division of Human Rights awarded a complete dismissal of all claims in favor of a real estate management company. The Division found that the former employee’s termination was not discriminatory, but rather due to her failure to comply with the NYC Vaccine Mandate and therefore her termination was not wrongful.

Health Care Agency – Secured Dismissal of Discrimination and Retaliation Claims

The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a home health care agency, finding that its former employee was terminated for legitimate business reasons and not based on pregnancy, race, religion, family status, sex and/or disability.

Health Care Provider – Secured Dismissal of Age Discrimination Claim

The New York State Division of Human Rights awarded a complete dismissal of discrimination claims in favor of the employer, a New York based health care provider. The Division found that a former employee was not terminated because of age, but for legitimate business reasons.

Represented Property Owner/Manager Charged with Discrimination in Housing Based on Sex

The New York State Division of Human Rights issued a finding of no probable cause and awarded a complete dismissal of all claims in favor of the property manager, finding that a tenant was not subject to discrimination based on sex and/or status as a victim of domestic violence. 

New York City-based Private School – Secured Dismissal of Discrimination Claim Based on Conviction Record

Secured a finding of no probable cause and dismissal of discrimination claims before the New York State Division of Human Rights in favor of a New York City-based private school, finding that the school properly considered the factors under the New York Correction Law in deciding to terminate the employee.

Michel Design Works Acquired by Portfolio Company of Audax Private Equity

Represented the shareholders of Michel Design Works Ltd, a leading omni-channel lifestyle brand, in connection with its stock sale to Stonewall Kitchen, a premier specialty food and home goods platform in North America.  Stonewall Kitchen is a portfolio company of Audax Private Equity, which has invested over $7 billion in more than 140 platforms and over 1,000 add-on companies.  

Resources

Real Estate Lender – Foreclosure Proceedings

Represent a New York-based lender, who provides loans to revitalize and recapitalize commercial real estate properties, in foreclosure and deficiency proceedings.

Chinatown Commercial Building Sale Post-Bankruptcy

Represented an affiliate of a New York City-based family office on the approximately $28.6 million sale of a largely vacant commercial building in the Chinatown neighborhood of Manhattan. The sale was following a bankruptcy court order, in a Chapter 11, single-asset bankruptcy case.