Neil Capobianco

• Executive Compensation
• Workplace Counseling & Compliance Solutions
• Wage & Hour Litigation
• Single-Plaintiff Litigation
• Labor & Employment

• General Civil
• ERISA/Employee Benefits Litigation
• Employment Law Training
• Employee Benefits & Executive Compensation
• Employee Benefits & ERISA Litigation
• Commercial Litigation

New Jersey

New York

Supreme Court of the United States

U.S. Court of Appeals, Second Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Southern and Eastern District of New York

Partner

Seyfarth Shaw LLP

Current

New York Law School

J.D

1989

magna cum laude

New York Law School Law ReviewB.A.

1985

Editor, University of Wisconsin, Madison

Current

Activities: New York Bar Association (Labor and Employment Law Section) Representative Engagements

Current

Activities: Vengurlekar v. Silverline Technologies, Ltd., 9 Wage & Hour Cas.2d (BNA) 417, 2003 WL 22801757 (S.D.N.Y. Nov. 24, 2003) (denying ERISA and state wage law class certification and dismissing Fair Labor Standards Act claims).

Current

Activities: Criscuolo v. Joseph E. Seaqram & Sons, Inc., Case No. 02 Civ. 1302 (S.D.N.Y July 1, 2002) (dismissing claim for severance and other ERISA benefits).

Current

Activities: Merli v. Bill Communications, Inc., 82 Empl. Prac. Dec.  40,990, 2002 WL 424649 (S.D.N.Y. March 18, 2002) (granting summary judgment to employer on plaintiff’s claims for discriminatory discharge based on age and failure to promote).

Current

Activities: Thomson Financial, Inc. v. Canniffe, Supreme Court, New York County; December 7, 2001 (denying former employer’s motion for preliminary injunction seeking to restrain company formed by former employees from soliciting their former clients).

Current

Activities: Trustees of the American Federation of Musicians and Employers’ Pension Fund v. Steve Scott Enterprises, Inc., 40 F. Supp. 2d 503 (S.D.N.Y. 1999) (granting employer’s motion for summary judgment on ERISA plan’s action for audit on grounds that plan was equitably estopped from denying that is was bound by settlement agreements signed by single plan trustee).

Current

Activities: Ponticelli v. Zurich American Insurance Group, 16 F. Supp. 2d 414 (S.D.N.Y. 1998) (granting employer’s motion for summary judgment on plaintiff’s claims for gender discrimination, quid pro quo harassment, retaliation, and intentional infliction of emotional distress).

Current

Activities: Lynch v. Pathmark Supermarkets, 987 F. Supp. 236 (S.D.N.Y. 1997) (granting employer’s motion for summary judgment on plaintiffs claims for wrongful discharge and religious harassment).

Current

Activities: Mason Tenders District Council Pension Fund v. Messera, 958 F. Supp. 869 (S.D.N.Y. 1997) (ERISA preempted pension funds’ claim that funds’ counsel breached his state common-law fiduciary duty to funds by making payments to fiduciaries in exchange for receiving legal work from funds).

Current

Activities: Coghlan v. H.J. Heinz Company, 851 F. Supp. 808 (N.D. Tex. 1994) (rejecting EEOC’s interpretive guidelines that insulin-dependant diabetes is per se a disability under the Americans with Disabilities Act).

Current

Activities: General Electric Company v. New York State Department of Labor, 936 F. 2d 1448 (2d Cir. 1991) (reversing district court’s conclusion that General Electric could not proceed on its claim that New York’s prevailing wage law constituted an unconstitutional delegation of legislative power to private parties).

Current

Activities: In re Liquidation of Consolidated Mutual Insurance Company, 77 N.Y. 2d 144, 565 N.Y.S. 2d. 434 (1990) (ERISA class action holding that New York State Superintendent of Insurance could not unilaterally terminate the group term life, medical, and health insurance coverage provided to retirees).