Executive Compensation, Employment & Benefits |
Employment

Employment

We are known for our substantive knowledge and in-depth understanding of the business interests, market opportunities, and operational considerations that go into client employment decisions. We provide practical and strategic advice to our clients on the development of HR policies and employee handbooks, and counsel on preventive strategies such as reasonable accommodation, performance management, and strategic negotiations to position our clients against litigation.

When disputes are unavoidable, we aggressively defend businesses against employee claims of discrimination, harassment, retaliation, wrongful discharge, worker misclassification, and other workplace claims related to wage and hour, family and medical leave, and employee benefits. We have an outstanding record of success in representing companies against employees and competitors in matters involving noncompete and other restrictive covenant breaches, theft of confidential information and trade secrets, employee dishonesty and disloyalty, and breach of contract disputes.

Our experience includes:

Litigating and resolving complex employment matters for businesses in matters alleging workplace harassment, discrimination, and wrongful termination
Providing regular advice and counseling on employment law compliance for startups and other corporate clients
Bringing and defending claims for injunctive relief on noncompete/restrictive covenant agreements
Advising on reorganizations, leveraged buyouts, plant closures, federal and state WARN Act issues, reduction-in-force issues, severance payments, benefits continuation, challenging employee separations, and compliance with wage and hour laws in 50 states
Conducting internal investigations
Participating in due diligence and advice in employment aspects of mergers & acquisitions

Practice Leadership

David M. Wissert
Partner
General Counsel
Chair, Employment

Julie Levinson Werner
Partner
Vice Chair, Employment

EXPERIENCE

Advised start-up companies on compliance with U.S. laws related to employment hiring, all aspects of employment, and employee terminations.
Negotiated employment agreements and separation agreements for public and private company executives.
Negotiated and settled commission disputes for both a software company and investment advisor.
Represented an online securities trading platform in defense of allegations of sexual harassment.
Represented an internationally recognized information technology company in the negotiation and settlement of gender discrimination and retaliation claims.
Represented a prominent hospital in multiple discrimination lawsuits, including disability discrimination claims and claims of religious discrimination associated with COVID vaccine mandates.
Obtained defense jury verdict for prominent real estate investment trust in disability discrimination and retaliation trial.
Defended a full-service production studio for commercials, television, and feature films, from allegations made by a senior level executive of gender discrimination, breach of contract, and equity ownership made by a then-current employee. Negotiated a settlement on terms favorable to our client.
Achieved summary judgment in favor of an internationally recognized cosmetics company in connection with a former employee's claims of disability discrimination.
Obtained a directed verdict at the close of the plaintiff’s evidence at a jury trial on behalf of a small pharmaceutical company involving allegations of reverse race discrimination and a hostile work environment.
Obtained defense jury verdict for prominent real estate investment trust in disability discrimination and retaliation trial.
Represented a biotechnology company and individual defendants in connection with a variety of claims including discrimination, harassment, failure to accommodate, retaliation under the New Jersey Law Against Discrimination and the workers' compensation statute, intentional and negligent infliction of emotional distress, hostile work environment, and sexual harassment.
Represented a company that manufactures, sells, and rents equipment for construction projects against allegations by five current and former unionized employees that they are or were subjected to a hostile work environment and discrimination on the basis of their respective national origins.
Represented a private investment firm against a variety of claims including hostile work environment, discrimination on the basis of pregnancy, discrimination on the basis of race, and harassment.
Successfully defended a client and its portfolio company in an AAA arbitration against claims by the company's former CEO that the board of the portfolio company did not have "cause" to terminate his employment, as defined by his employment agreement, and that he was therefore entitled to certain compensation and benefits amounting to several million dollars upon termination.
Successfully defended $6.5 million breach of contract lawsuit against investment management firm and prosecuted counterclaims against former executive for breach of loyalty. The matter resulted in our client making no settlement payments and the plaintiff making a payment to our client.
Represented a Massachusetts investment advisory firm in a litigation to enforce its restrictive covenants agreement with a former employee following a corporate merger.
Represented an international cosmetics packaging company in litigation brought by a former employee in northern California state court, including breach of contract, wage and hour, equity-related, misrepresentation, and other claims. We successfully settled all claims before discovery had ended.
Represented a digital media company in the defense of a breach of contract claim by a former executive. Upon conclusion of discovery, we persuaded the plaintiff to dismiss the case without prejudice but without our client making any settlement payment.
Represented the New Jersey Defense Association as amicus in the case of Maw v. Advanced Clinical, in which the New Jersey Supreme Court agreed that terminating an employee who refuses to sign a noncompete agreement does not constitute a violation of the New Jersey Conscientious Employee Protection Act, reversing the New Jersey Appellate Division's decision and creating new law in this area.
Represented employer in Silvestri v. Optus Software, Inc., 175 N.J. 113 (2003), in which the New Jersey Supreme Court ruled in the employer's favor and held that in satisfaction contracts, it is the employer's subjective business judgment that determines whether the employer is satisfied with the employee's performance.
Represented a growth stage technology company in investigating allegations of impropriety by the company’s head of human resources. Presented conclusions to the company’s chief executive officer and developed a plan and strategy related to the termination of that individual’s employment.
Represented an investment services firm and conducted an investigation into allegations related to gender and caregiver discrimination that arose following an employee’s return to work following a parental leave of absence, and negotiated a resolution of the dispute on terms favorable to our client.
Conducted a sensitive internal investigation of discrimination allegations made against a high-level human resources executive at a Fortune 200 company. Conducted the investigation at the request of the general counsel and reported findings directly to the client's chief executive officer.