Lloyd B. Chinn is a Partner in the Labor & Employment Law Department and co-head of the Whistleblowing & Retaliation Group. He litigates employment disputes of all types before federal and state courts, arbitration tribunals (e.g., FINRA, JAMS and AAA), and before administrative agencies in New York and across the country. Lloyd's practice ranges from litigating compensation disputes to defending whistleblower, discrimination and sexual harassment claims. Although he represents employers in a wide range of industries, including law, insurance, health care, consulting, media, education and technology, he focuses a substantial portion of his practice on the financial services sector. He has tried to final verdict or arbitration award substantial disputes in this area.
Representative recent litigations include:
Numerous compensation disputes arising from the closing of a global bank’s internal hedge fund, including multiple favorable arbitral awards and court decisions (Federal and State, trial and appellate);
A dispute between an investment bank and a former senior banker arising out of the former banker’s solicitation of employees, resulting in an extremely favorable negotiated resolution following a 12-day arbitration and two successful ancillary state court actions;
The dismissal of a former floor specialist’s whistleblower and compensation claims, following a 30-day arbitration;
The dismissal of a former senior investment banker’s bonus compensation claims, after a one-week arbitration;
The dismissal of a former partner’s claims and the recovery of attorney’s fees, on behalf of a prominent boutique law firm, following a one-week arbitration;
A sex discrimination case in which the claimant (a former sell-side analyst at a global bank) sought millions in damages – post-deposition, she withdrew her claims and issued letters of apology to those she had accused; and
The dismissal of all claims (except for one month of notice pay) after a two-week arbitration of a former private banker’s age discrimination, retaliation and breach of contract claims.
Due to Lloyd’s litigation experience, clients regularly turn to him for advice regarding the full range of employment matters, including terminations, whistleblower policy and procedure, reductions in force, employment agreements, and employment policies. For example, in the wake of the financial crisis, he has counseled a number of firms through reductions in force and related bonus and deferred compensation disputes. Lloyd has also been retained to conduct internal investigations of allegations of workplace misconduct, including claims leveled against senior executives.
Lloyd has represented global businesses in matters involving Sarbanes-Oxley and Dodd-Frank whistleblower claims. He has taken an active role in the American Bar Association on these issues, currently serving as Whistleblower Track Coordinator for the November 2014 ABA Annual Employment Law Conference to be held in Los Angeles and as Co-Chair of the Whistleblower subcommittee of the ABA Employee Rights and Responsibilities Committee. Lloyd has spoken on whistleblowing topics before a numerous organizations, including the American Bar Association, ALI-ABA, Association of the Bar of the City of New York, Pennsylvania Bar Association and New York University School of Law. He has testified twice before Congressional subcommittees regarding whistleblower legislation and has also published blog postings, articles and client alerts on a variety of topics in this area, including the Dodd-Frank Act’s whistleblower provisions. In 2011, Lloyd filed an amicus brief on behalf of the U.S. Chamber of Commerce in the U.S. Court of Appeals for the Tenth Circuit addressing an important SOX issue. Lloyd is a co-editor of Proskauer’s Whistleblower Defense Blog, and he has been widely quoted by on whistleblower topics by a number of publications, including the New York Times, the Wall Street Journal, the National Law Journal and Law 360. He has also published articles and given speeches on a variety of other employment-law topics, including non-solicitation provisions, FINRA arbitration rules, e-discovery and the use of experts.