Damian Cavaleri represents clients in all capacities and litigates and arbitrates a wide breadth of business and employment-related disputes. He handles all aspects of litigation, including discovery, motion practice, trial, and appeals, and has litigated in federal and state courts in New York. He also counsels clients regarding employment agreements, employment separation agreements, and non-competition restrictions and covenants.
In one groundbreaking case, Damian represented a financial services firm whose former employee had stolen client data and other trade secrets. Damian asserted a claim under the Defend Trade Secrets Act, convincing a SDNY judge to order the seizure of files contained on the defendant’s computer – the first seizure order ever issued under the Act. Then, working from scratch, his team developed a process for carrying out such seizures, which have now become the blueprint for others.
Earlier this year, Damian prevailed on summary judgment on behalf of the Metropolitan Transportation Authority and Long Island Railroad, dismissing extensive discrimination and retaliation claims, over the course of a nearly seven-year litigation. He also recently represented an employer in an action against a former founder for fraud and moonlighting. He was able to leverage the litigation for a settlement where the former individual returned a significant equity interest in the employer.
As part of his practice, in addition to the MTA, Damian also regularly represents an international medical service provider and a telehealth company in defending New York-based discrimination and retaliation claims from employees, and advises a variety of other employers on myriad employment issues.
Damian is a member of the Federal Bar Council and serves as co-chair of the Employment Litigation Subcommittee of the Commercial and Federal Litigation Section of the New York State Bar Association. Among other honors, Damian has been recognized by Benchmark Litigation as a Litigation Star since 2021 and a Labor and Employment Star since 2023. He was also recognized on Benchmark’s 40 & Under list, named an Employment Law Trailblazer by The National Law Journal, shortlisted for Euromoney Legal Media Group’s inaugural Americas Rising Star Award for “Best in Litigation: Trial Lawyer,” and named a New York Metro Super Lawyer.
Damian has an affinity for the arts and serves as a member of the Board of Trustees for the Kaufman Music Center. He is admitted to practice before the United States District Courts for the Eastern and Southern Districts and the United States Court of Appeals for the Second Circuit. Damian previously practiced at Schulte Roth & Zabel LLP (now McDermott Will & Schulte).
Updated Sep 2025
