(212) 310-8790Tap to Call This Lawyer
Professional Experience
- Partner
- Weil, Gotshal & Manges LLP
- Current
- Current
- McReynolds v. Merrill Lynch & Co. (N.D. Ill) - Lead counsel for Merrill Lynch in purported nationwide class action by sixteen financial advisors alleging race discrimination in hiring, promotion, compensation, and maintaining an allegedly hostile work environment. Exante Bank v. Mason (Utah 2008) - Lead counsel in successful enforcement of a two year non-competition agreement following a four day preliminary injunction trial to prevent the former president of an industrial bank from commencing employment with the bank's principal competitor.In re Managed Care (MDL 1334) - Co-lead counsel for UnitedHealth Group in six year multidistrict litigation encompassing more than one dozen putative class action lawsuits against ten managed care companies alleging claims under RICO, ERISA and state laws. Successfully obtained summary judgment dismissing industry-wide fraud and conspiracy claims after other defendants had paid hundreds of millions of dollars to settle these claims. In re Managed Care, 430 F.Supp. 2d 1336 (S.D.Fla 2006), aff’d, 2007 WL 16953S (11th Cir. June 13, 2007) Creative Artists Agency - Lead counsel for Creative Artists Agency in multi-party suit alleging race discrimination and antitrust violations in the concert promotion business. Obtained summary judgment dismissing all claims, following large multi-million dollar settlements by more than 15 promoter and talent agency co-defendants. Rowe v. William Morris et al. 2005 WL 22833 (S.D.N.Y. 2005) aff’d 167 Fed. Appx.227 (2d Cir. 2005). Also obtained landmark ruling (Pre-Zublake) directing cost-shifting to plaintiffs of e-discovery expenses. 51 Fed.R.Serv.3d (West) 1106; aff’d 53 Fed.R.Serv.3d (West) 296 (S.D.N.Y. 2002) Starwood Hotels & Resorts - Represented Starwood in connection with the termination of its Chief Executive Officer, which was widely covered in business publications due, in part, because the CEO agreed to resign without any severance or other type of termination pay. American Medical Association v. United HealthCare, Inc. (S.D.N.Y.) - Lead counsel for UnitedHealth Group and American Airlines in putative class action alleging claims by medical associations, physicians, plan participants and labor unions under ERISA, RICO, antitrust and various state laws. Obtained dismissal of multiple ERISA and state law claims, including on grounds of associational standing, failure to exhaust administrative remedies and preemption. See e.g. AMA v. United HealthCare Corp., 2001 WL 863561 (S.D.N.Y. July 31, 2001); 2002 WL 31413668 (S.D.N.Y. Oct. 23, 2002, 2007 WL 1771498 (S.D.N.Y. June 18, 2007) Joe Torre - Representation in negotiation of 2008 employment agreement as manager of the Los Angeles Dodgers and 2005 employment agreement with the New York Yankees. MasterCard International - Principal outside employment counsel for more than 12 years on range of complex and sensitive employment litigation and counseling matters. Highlights include: Tarmy v. MasterCard (SDNY): Lead counsel defending against discrimination and retaliation claims by a former executive under the ADA, FMLA and N.Y. Human Rights Law. Obtained a complete defense jury verdict on all claims and an award of damages to MasterCard on counterclaims for breach of fiduciary duties. Flynn v. Canadian Imperial Bank of Commerce (NY Supreme) - Lead counsel for CIBC in defense of numerous employment claims by a former broker seeking more than $68 million based on allegations that the was wrongfully terminated and alleging malicious prosecution claims after indictment by the New York Attorney General and charges by the Securities and Exchange Commission arising out of mutual fund market timing activities, which charges were later dropped. Kendall v. Employees’ Retirement Plan of Avon Products (S.D.N.Y.) - Representation of Avon’s Employee Retirement Plan in a putative class action lawsuit on behalf of retirees who alleged that benefits were improperly reduced in violation of ERISA as a result of numerous breaches of fiduciary duty. Obtained dismissal of all claims. Definity Health Corporation (multiple jurisdictions) - Lead counsel in representation of a business segment of UnitedHealth Group in three coordinated lawsuits in Minnesota and Texas against former employees hired by competition CIGNA. Obtained a temporary restraining order and highly favorable settlement within 30 days of commencement of litigation. Mid Atlantic Medical Services (U.S. Supreme Ct.) - Obtained unanimous decision in favor of Mid Atlantic in U.S. Supreme Court involving the enforceability under ERISA Section 502(a)(3) of provisions in health care benefit plans requiring participants to reimburse the plan if they recover their medical expenses from a third party. The Court’s opinion secured reimbursement rights for these health plans. Sereboff v. Mid Atlantic Medical Services Inc., 126 S.Ct. 1869 (2006). Scala v. Reuters (2dCir.) - Obtained summary judgment for Reuters dismissing breach of employment contract claim by senior executive arising out of the acquisition of his former business, based on the parties’ alleged failure to agree on performance targets. Scala v. Sequor Group et al 1995 WL 225625 (SDNY April 14, 1995), aff’d No. 96-9501 (2d Cir. 1996). McRaney v. United HealthCare (S.D.Fla) - Co-lead counsel for UnitedHealth Group in defeating class certification motion on behalf of nationwide class of millions of United’s plan members alleging billions of dollars in damages due to alleged misrepresentations regarding the quality of care under ERISA and RICO. See in re Managed Care Litigation, 209 F.R.D. 678 (S.D.Fla 2002) The Readers Digest Association (multiple jurisdictions) - Acted as national coordinating counsel in enforcement of numerous non-compete agreements with sales force leading to preliminary and permanent injunction and favorable settlements in cases in Virginia and North Carolina. Avon Products - Representation of Avon Products over many years throughout the United States in defending suits by various employees alleging claims for discrimination on the basis of age, sex, sexual orientation, disability and political activities, all of which were settled favorably to Avon following pre-trial motions. Delmont v. DataFlex (D.NJ) - Obtained summary judgment dismissing sex discrimination claim under Title VII by only female computer service technician. Gorence v. Eagle Food Centers (D.Ill) - Lead counsel for Odyssey Partners. Obtained summary judgment dismissing class action lawsuit against investment company alleging Equal Pay Act, ERISA violations and sex and age discrimination. See 1994 WL 445/49 (N.D. Ill 1994) Strategic Merchandising Associates v. New York Yankees (NY Supreme) - Represented the marketing company that procured the landmark long-term licensing arrangement between Adidas and the Yankees in litigation over fees owed to Strategic Merchandising. Highly favorable settlement shortly after filing of the suit. Glaxo SmithKline - Represented the company and numerous brands in the negotiation of celebrity endorsement and television commercial agreements with numerous celebrities including Ricky Williams, Della Reese, Terry Bradshaw, Jane Seymour, Jenny Garth and Phylicia Rashad. Ernie Grunfeld - Representation in negotiation of employment agreements as General Manager of the Washington Wizards and New York Knickerbockers. Chromalloy Gas Turbine Engine Corporation v. United Technologies (___Tex 1996) - Successfully represented Chromalloy in four month jury trial obtaining a verdict of attempted monopolization. Nevada Power Company v. Westinghouse Electric Corp. (D. Nevada) - Co-lead counsel for Westinghouse in suit seeking damages allegedly caused by the utility’s purchase and use of electrical equipment containing PCB’s. Obtained summary judgment dismissing claims. See 891 F.Supp. 1406 (D. Nevada 1995) LILCO v. General Electric Co. - Represented GE in suit claiming $400 million in damages for alleged defects in the construction of the Shoreham nuclear power station. Led defense team attack on plaintiffs damages experts resulting in plaintiffs dropping their multi-million delay damages claim before trial and a settlement on terms very favorable to GE after jury selection. David M. Winfield v. Steinbrenner (S.D.N.Y.) - Successfully represented charitable foundation in litigations in 1983 and 1989 to collect monies owed under charitable pledge agreement.
Education
- Columbia University
- J.D.
-
- Amherst College
- B.A.
- magna cum laude
-
Publications
Articles & Publications
Speaking Engagements
- Employment Law 2008 Highlights (October 23, 2008)
- Negotiating Employment Contracts for Cross-Border Engagements (June 5, 2008, New York University's 61st Annual Conference on Labor)
- Litigation Hold Notices (May 15, 2008, E-Discovery Seminar)
- Drafting Employment-Related Agreements (New York, October 11, 2007) 36th Annual Institute on Employment Law, sponsored by PLI
- Jury Selection in Employment Litigation (New York, February 02, 2007) Speaker, Litigation Skills Workshop for the Employment Lawyer, ABA Section on Labor and Employment Law
Websites & Blogs
- Website
- Website
Contact & Map
