Litigation and Investigations in NJ
- Defend clients at all stages before state and federal administrative agencies and courts in individual, multi-plaintiff and class action discrimination cases, focusing on sexual harassment and other cases arising under the Civil Rights Act of 1991, the Americans With Disabilities Act, the Age Discrimination in Employment Act and corresponding state fair employment practice laws and regulations.
- Litigate other employment disputes, ranging from wrongful discharge matters and related “employment torts,” including defamation and tortious interference claims, to suits alleging breaches of express or implied employment contracts and actions involving the enforceability of, and challenges to, restrictive covenants, such as non-competition and confidentiality agreements.
- Represent clients in audits, investigations, and individual and class court actions raising employee benefits and executive compensation issues, including our successful representation of Hewitt Associates in which the United States Supreme Court ruled that nonfiduciaries may not be liable for damages under ERISA (Mertens v. Hewitt Associates).
- Handle claims involving occupational safety and health issues, including actions involving workplace fatalities, fetal protection and complex safety engineering issues.
- Assist clients in supervision and selection of qualified local counsel in jurisdictions in which it is most cost-effective to utilize local counsel to handle commercial litigation in NJ.
- Conduct investigations of alleged workplace misconduct, particularly involving sexual harassment, theft, embezzlement, “illegal kickbacks,” and possession, use, and/or sale of drugs and other illegal substances. Counsel clients regarding their responsibilities concerning these sensitive issues, including appropriate reporting and responses to regulatory authorities and the media.
- Assist clients in establishing internal procedures for conducting such investigations.
- Training personnel in appropriate investigation techniques.
- Assist employers in obtaining work visas, including classifications H-1, 1, E and B for managerial and technical employees brought to work in the United States from overseas.
- Counsel employers regarding immigration compliance as well as tax and other wage issues affecting foreign employees.
- Draft labor certifications and other visa application documentation for employers.