Proskauer

United States (National)

Address:
Eleven Times Square
Eighth Avenue & 41st Street
New York, NY 10036
United States (National)

+1 212 969 3000


We are 725+ lawyers serving clients from 13 offices located in the leading financial and business centers in the Americas, Europe and Asia. The world’s leading organizations, companies and corporations choose us to be their representatives in their most critical situations. But more, they consider Proskauer a strategic partner to drive their business forward. We work with asset managers, major sports leagues, Fortune 500 companies, entertainment industry legends and other industry-redefining companies.

Our Labor and Employment Department is one of the strongest practices in the world with lawyers across the U.S., U.K. and Europe. We have experience covering every area of labor and employment law and handle the complete range of sophisticated litigation, trial, appellate and counseling, as well as traditional labor relations and collective bargaining matters. We have earned a reputation for achieving our clients’ labor and employment goals and obtaining successful outcomes in state and federal courts, before governmental agencies, and before arbitration panels.

 

Select recent representations include:

We represent the National Academy of Recording Arts and Sciences (aka the GRAMMY Organization/The Recording Academy) and its affiliated charitable arm (MusiCares) in a now satisfactorily-resolved lawsuit filed in the Los Angeles Superior Court by the former Vice President of MusiCares, Dana Tomarken. She claimed that she was fired in retaliation for raising concerns about financial decisions that The Recording Academy’s President and CEO made with respect to the 2018 Grammy Awards, and that she was subjected to discrimination based on her age and gender. The matter is now settled (confidential terms).

We obtained summary judgment for Cedars-Sinai Medical Center (CSMC) in two separate lawsuits that were pending against CSMC, filed by plaintiffs who asserted various forms of discrimination and retaliation. Obtaining summary judgment in the Los Angeles Superior Court is a very rare occurrence, especially when the rulings come from two separate courts in two different cases filed against the same client. 

We are representing MLB in a discrimination lawsuit filed by MLB umpire Angel Hernandez in 2017 alleging race, color, and national origin discrimination claims against MLB under various federal and state laws. MLB prevailed on a motion to dismiss for lack of personal jurisdiction in the U.S. District Court for the Southern District of Ohio. MLB has also achieved wins on other significant motions, securing the dismissal of Hernandez’s discrimination claims under the Ohio Civil Rights Acts, winning partial summary judgment on Hernandez’s claim for a declaratory judgment, being granted an order compelling Hernandez to provide testimony and produce documents concerning his communications with his labor union over his objection based on a supposed “union-relations privilege,” which the court declined to recognize. MLB successfully petitioned the court for an order requiring Hernandez to sit for an independent medical examination. Fact and expert discovery has closed. The matter is pending in the U.S. District Court for the Southern District of New York. 

We currently represent the Metropolitan Transportation Authority (MTA) and its Triborough Bridge and Tunnel Authority (TBTA) in defending allegations of off the clock work and inaccuracies in calculation of employees’ regular rates of pay. A group of TBTA employees filed a lawsuit in NY federal court alleging the TBTA disregarded the FLSA’s overtime provisions. The court conditionally certified the case as an FLSA collective action. The Honorable Vernon S. Broderick from the U.S. District Court for the Southern District of New York approved the settlement to resolve the dispute in May of 2020. 

We obtained victories on behalf of client Max Finkelstein, Inc. in two single-plaintiff cases involving alleged pay frequency violations under New York Labor Law (NYLL). Two former employees alleged in separate cases that the company’s bi-weekly payment of wages violated NYLL. In seeking dismissal of the claims, the team argued that the plaintiffs did not have a private right of action to recover liquidated damages under NYLL because they were never “underpaid” and NYLL did not require wage statements to be provided weekly. The argument was complicated by the fact that the First Department reached a contrary conclusion, holding that the late payment of wages was equivalent to an “underpayment.” The Firm argued, relying upon the statute’s legislative history and a Second Department decision from 1997, that the First Department’s decision was wrongly decided and that the court was not bound to follow it. The Court granted Max Finkelstein Inc.’s motions in full.

We are currently representing McDonald’s USA, LLC and/or McDonald’s Corp before administrative agencies and in federal and state courts around the country in what amounts to a coordinated campaign funded and/or supported by various third parties and led by two nationally recognized Plaintiff side law firms.  The Plaintiffs in these actions assert that there is a pattern and practice of sexual harassment at McDonald’s restaurants, and that McDonald’s USA, LLC and/or McDonald’s Corp should be deemed joint employers with their franchised restaurants and, as such, be held liable for sexual harassment that allegedly occurred in the franchised restaurants.

We are co-counsel in three cases involving negligence and related claims against the National Hockey League (NHL). The first two cases are wrongful death cases. In each case the representative of the estate of a deceased player asserts claims that the NHL was negligent in allegedly failing to keep the player safe and in allegedly failing to warn about the risks of repeated concussive an sub-concussive head hits. The third case is pending, and involves retired players who are asserting similar negligence claims. 

We defended Montefiore Medical Center against the New York State Nurses Association (NYSNA), which represents 3,000 registered nurses that Montefiore employs. NYSNA filed a motion for injunctive relief in the U.S. District Court for the SDNY against Montefiore, asking the court to compel Montefiore to take certain steps to mitigate the risk that nurses would contract COVID-19. Montefiore moved to dismiss the action and opposed NYSNA’s motion for injunctive relief on the grounds that the court lacked jurisdiction under the Norris La Guardia Act because NYSNA’s requested injunction did not seek to preserve the status quo pending arbitration. The Court agreed with Montefiore, denied NYSNA’s requested injunction and dismissed the suit in May of 2020. 

 

Last updated Sep 2020