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Blythe E. Lovinger

Partner | New York
T (212) 506-1707
F (212) 506-1800

Blythe Lovinger represents management in the area of employment litigation and personnel management and procedure, having defended claims of sex, age, race, national origin and disability discrimination and sexual harassment and actions brought under the Family and Medical Leave Act and various state employment laws.  She also represents clients in disputes involving the enforcement of employment contracts and restrictive covenant agreements and claims arising out of the employment relationship such as defamation, breach of fiduciary duty, and tortious interference.  Blythe also advises clients on a wide range of employment issues, including disciplinary actions and terminations; employment, consulting and separation agreements; employment policies and practices; reductions-in-force; investigations of alleged harassment and other employee misconduct; and litigation avoidance.  She conducts anti-harassment training for clients and other specialized training programs tailored to the client's needs.  Blythe also represents individual clients in the negotiation of employment, consulting and separation agreements.

Notable Representations

  • Defended a major New York newspaper in an employment discrimination action involving allegations of disparate treatment based on race and gender, sexual harassment, constructive discharge, retaliation and violations of the Equal Pay Act; the court granted summary judgment dismissing all claims.
  • Represented a major hedge fund in an action against a competitor hedge fund and several other corporate and individual defendants in the United States District Court for Southern District of New York for, among other claims, theft of trade secrets relating to trading of mortgage-backed securities.  After obtaining an injunction against the defendants and engaging in significant expedited discovery, Kasowitz subsequently obtained a settlement of the matter on terms favorable to the client.
  • Defended a multi-million dollar lawsuit against a nationally recognized investment banking and asset management firm involving allegations of age discrimination, violations under New York State’s Whistleblower act and breach of contract brought by a former senior analyst.  Following a motion to dismiss by Kasowitz, the trial court dismissed all of the plaintiff’s claims and New York’s Appellate Division, First Department, affirmed the dismissal.
  • Represented a leading provider of in-store advertising, promotion and sales merchandising services in a disability discrimination and Family and Medical Leave Act (FMLA) retaliation action brought by a former employee, in which Kasowitz obtained summary judgment dismissing all claims.  The case was subsequently appealed and the United States Court of Appeals for the Second Circuit affirmed the dismissal.
  • Defended class action brought by the U.S. Equal Employment Opportunity Commission alleging sexual harassment and pregnancy discrimination against a leading watch manufacturer.  Kasowitz obtained a settlement of the matter on terms favorable to the client.
  • Represented a national apparel designer in connection with numerous administrative complaints involving allegations of employment discrimination and secured dismissals in connection with these complaints.
  • Defended class action brought by the U.S. Equal Employment Opportunity Commission alleging sexual harassment against a cable and satellite television news channel.  After engaging in discovery and taking multiple depositions, Kasowitz obtained a settlement of the matter on terms favorable to the client.
  • Negotiation and drafting of employment agreements, consulting arrangements and severance/settlement agreements, and disputes relating to same, involving senior executives of leading investment management and financial services firms.

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