Employment

• Partnership Accounting/Liability to Withdrawing Partner
  Represented plaintiff law firm partner in a landmark case in which New York’s Court of Appeals held that New York’s limited liability partnership statute was intended to protect partners from third-party claims, not to interfere with their fiduciary duties to one another as partners. Thus, the withdrawing partner was entitled to an accounting of his interest in his former law firm and to recover personally from the other individual partners for the monies owed to him. Ederer v. Gursky, 9 NY3d 514, 851 NYS2d 108 (2007).
• Breach of Employment Contract
  Represented defendants in action to enforce restrictive trade provisions and settled matter after court denied series of procedural motions by plaintiff. IBC v. Everson (County of Queens, Index No. 026772/03).
• Contract Defense
  Successfully fought off and resolved a claim alleging breach of employment contract by former employees of plaintiff and their new employer. UTI v. Zeitlin and Woltmann and Overton & Co. Air Services Inc. (County of New York, Index No. 601108/03).
• Enforcement of Note and Employment Agreement
  Enforced a promissory note and employment agreement in connection with a multi-million dollar stock sale asserted as a counterclaim in purchaser’s action for fraud. The New York State Supreme Court dismissed the fraud claims and, except for minor adjustments to the purchase price, held that our client was entitled to payment of a $2,000,000 promissory note delivered by purchaser and was further entitled to payment of $300,000 for unpaid wages under the accompanying employment agreement. The case twice went to the Appellate Division. J.A.O. Acquisition Corporation v. Jeffrey D. Stavitsky (Index No. 604798/99).
• Contract and Tort Defense
  Defeated preliminary injunction motion in an action for theft of trade secrets and interference with contract arising out of the defendants’ employment of plaintiff’s former employee in the manufacturing and development of fly fishing lines. Cortland Line Co. v. Vincent, 48 U.S.P.Q. 2d 1684 (N.D.N.Y. 1998).
• Employment Contract
  Defeated motion for preliminary injunction claiming breach of fiduciary responsibility and conflict of interest. Nehls & O’Connell v. Frank Fischetti and Overton & Co. Air Services Inc. (County of New York, Index No. 604110/96)

Additional representative employment law matters we have handled include:

• Represented former U.S. cabinet secretary in negotiation of consulting agreement
• Represented journalists in negotiation of buy-outs from employer and negotiation of free-lance agreement
• Represented university professor in employment dispute
• Represented law firm partner in separation negotiation
• Represented law firm associate in discrimination claim
• Represented employers in discrimination and other employment related disputes

Prior results do not guarantee a similar outcome.