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Employment Litigation & Arbitration

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Overview

Now more than ever, employers around the world face a wide range of employment, discrimination, harassment, retaliation and benefits claims. When mitigating these risks through counseling and other preventative measures is not sufficient, the experienced trial lawyers in our Employment Litigation & Arbitration Group stand ready to defend against the full range of suits that can arise in the workplace, from large employment class actions to those involving a single plaintiff. We also excel at representing clients involved in employee benefits litigation and litigation related to non-compete and trade secret agreements.

Our highly sophisticated and well-rounded litigation capabilities are the driving forces behind our reputation as one of the world’s best labor and employment practices. Financial services firms, sports leagues and teams, law firms, real estate managers and developers and media and entertainment companies, to name just a few, all rely on us for advice on their most sensitive and critical workplace-related litigations.

As a result, the strength and depth of our employment litigation capabilities are highly lauded, with US Legal 500 noting the strength of our international platform, skill level and depth of knowledge. We are called a “powerhouse” by Chambers USA, where our lawyers are recognized for their excellent litigation skills, thorough command of employment law and insight into the motivations and strategies of plaintiffs, giving us an understanding of the dynamics behind cases that allow us to resolve them effectively. Chambers USA further distinguished our Labor & Employment practice by selecting us as the winner of its prestigious 2012 “Award for Excellence.”

We were also recently honored as one of the top three firms nationwide for Labor & Employment Litigation by The American Lawyer, where it was noted that clients retain Proskauer when "the company's reputation is on the line" and "managing the public face of litigation" is of utmost importance. Indeed, our high-profile matters involve sensitive, complex situations with sweeping ramifications that impact both our clients and their industries.

Areas of Focus

  • Americans with Disabilities Act
  • Breach of Contract
  • Defamation
  • Discrimination
  • Employee Benefits
  • Labor-Management Disputes
  • Pattern and Practice Disputes
  • Non-Compete and Trade Secrets
  • Wage and Hour Violations
  • Whistleblower Claims
  • Wrongful Discharge

Key Representations

  • 14 Penn Plaza in a precedent-setting victory before the U.S. Supreme Court, which held that mandatory arbitration clauses for age discrimination claims in collective bargaining agreements are fully enforceable
  • Time Warner Cable against a high-profile sexual harassment, equal pay and retaliation suit brought against the company’s NY1 news channel
  • Hess Corporation against claims in the federal and state courts of New Jersey, alleging discrimination, harassment and wrongful termination of employment, obtaining a precedent-setting federal ruling, dismissing the plaintiff’s claims due to abuse of the discovery process and failure to comply with multiple court orders
  • UBS Financial Services against a claim brought by a former manager alleging wrongful discharge for age and gender reasons, resulting in a successful outcome on all counts in arbitration