Employment

mGage, a global mobile messaging company, in obtaining a preliminary injunction from the Southern District of New York enforcing restrictive covenants and enjoining former employees from working for any competitor and from soliciting any employees, clients, suppliers, customers or business prospects of mGage.

Berdon, a top-35 U.S. accounting firm, in a successful suit enabling Berdon to enforce its restrictive covenants to prevent key staff from poaching clients and valuable, confidential client data when those employees moved to a competitor.

Douglas Elliman Realty in a successful suit against one of Elliman’s former managers and a competitor firm involving a wrongful scheme to move a dozen agents to the competitor firm.  Kasowitz won a $3.8 million jury verdict on behalf of Elliman, including $2.5 million in punitive damages.

Celebrity real estate broker Ryan Serhant – of Bravo’s Million Dollar Listing TV show - in his separation from Nest Seekers, his prior employer, and in founding his new independent brokerage and media company, “SERHANT.”

Northwell Health, one of the largest hospital systems in the U.S., in a lawsuit to enforce employment agreements, including covenants not to compete.

XPO Logistics, a Fortune 200 company, in enforcing non-competition agreements.

Geneva Energy Markets in defense of claims that the firm hired employees with enforceable non-competition agreements.

Perella Weinberg Partners, a leading independent global financial services firm, in navigating issues involving post-employment non-competition and non-solicitation covenants.

Defense of an employee at Dentons, the international law firm, against sexual harassment, in a highly publicized purported “#MeToo” claim.

Easy Spirit and Marc Fisher in actions brought in Federal court alleging that the companies’ websites were not fully accessible to the visually impaired, violating the ADA, NYSHRL and NYCHRL.

The New York Post in defense of a race discrimination lawsuit brought by reporters, in which we obtained summary judgment dismissing all claims.

HedgeServ, a major fund administrator, in discrimination and other employee matters. Kasowitz obtained dismissal of an EEOC matter and settled another discrimination claim.

Godiva, the international chocolate company, against disability discrimination claims based on the alleged inaccessibility of Godiva’s website to sight-impaired individuals. Kasowitz favorably settled the matter for Godiva.

A Chinese-American woman in a sexual harassment and discrimination complaint against a Chinese-based investment bank and two of its employees.  The matter settled prior to trial.

Peter Marino, founder of Peter Marino Architect PLLC, the world-renowned architectural firm whose designs include stores for Armani, Barney’s, Chanel and Louis Vuitton and hotels such as the Four Seasons, in an employment discrimination case.

A board member of Tikun Olam, an Israeli-licensed company that grows and supplies medical marijuana, in the defense of claims of sexual harassment under New York State and New York City Human Rights law, filed in New York Supreme Court.

Phillips-Van Heusen, a major global apparel maker and retailer, in a pregnancy discrimination claim.

Saw Mill Capital in defense of claims for carried interest and other compensation by a former partner, resulting in a complete victory for Saw Mill Capital after a trial.

John Brice, former Chief Investment Officer and board member of private equity fund CarVal Investors in a case against CarVal after it terminated Mr. Brice’s employment and threatened to withhold $230 million in compensation. After winning a preliminary injunction, Kasowitz settled the matter favorably.

Bridgewater Associates in employment matters involving protection of Bridgewater’s intellectual property.

Senior Managers of Och-Ziff Capital in their dealings with the company’s founding partners and board of directors.

A prominent former managing director at Neuberger Berman, an independent investment management firm, in negotiating terms of separation and compensation.

Douglas Elliman Realty in defeating a two-stage federal and state lawsuit in which a real estate sales agent claimed to be an “employee” and not an independent contractor under the FLSA and NY Labor Law. At stake was the classification of Elliman’s 6,000 agents. Kasowitz defeated all claims.

A Dunkin’ Donuts franchisee in defense of putative class and collective action claims for overtime, off-the-clock work, tip-pooling violations and misclassification of employees under the FLSA and NY Labor Law.

Three former executives of a $1 billion public international company in securing a $11.2 million arbitration award against the company.  The executives claimed that they were entitled to additional payments associated with their departure. The $11.2 million includes amounts for severance, interest, attorneys’ fees and arbitration fees.

Elie Tahari, Ltd. in multiple litigations involving contract disputes.

Celebrity real estate broker Ryan Serhant in his successful defense against litigation brought in the SDNY concerning allegations of fraudulent conduct asserted by three NYC property purchasers.  The SDNY dismissed all claims twice - alleged in the original and amended complaints.  Judge Liman’s second order bars plaintiffs from refiling their claims.  The decision provides important protection for New York real estate brokers against liability for certain types of statements made during the sales process.

Yellow, one of the nation’s largest transportation and logistics companies, in numerous employment litigation matters.

H.I.G. Capital, a private equity firm, in defense of a WARN Class Action brought by former employees of a bankrupt portfolio company.