Seward & Kissel regularly represents companies and executives in employment law matters. The Firm’s employment lawyers have extensive experience litigating employment disputes in federal and state courts and in proceedings before administrative agencies, including the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, and in arbitration proceedings before the Financial Industry Regulatory Authority (FINRA), the American Arbitration Association, JAMS and others. For example, the Firm handles:

  • claims of race, age, disability, religious, national origin, pregnancy and gender discrimination, including sexual harassment
  • breach of contract, wrongful termination and compensation-related claims
  • theft of trade secrets and computer fraud
  • employee raiding cases
  • claims for severance benefits under ERISA
  • whistleblower claims brought under state and federal law, including the anti-retaliation provisions of the Sarbanes Oxley Act, Dodd Frank Act and related proceedings before the Occupational Health & Safety Administration (OSHA)
  • enforcement of, and defending against, restrictive covenants and related applications for preliminary injunctive relief
  • claims by executives, portfolio managers and other senior employees in disputes with their employers

While the Firm has extensive experience in successfully litigating employment cases, it is equally proud of its ability to provide clients with strategic advice that often minimizes or negates the need to litigate. In that regard, Seward & Kissel has been able to successfully resolve, through direct negotiation or mediation, significant employment disputes involving substantial damage claims or reputational risk to our clients.

Representative Matters
  • Obtaining an arbitration award against a former employee of an asset management firm for breach of the duty of loyalty and breach of contract;
  • Defending a registered investment advisor in an equal pay act and gender discrimination claim in federal court;
  • Representing an asset management firm before the Equal Employment Opportunity Commission in a case of same sex sexual harassment;
  • Defending an asset management firm in a declaratory judgment action where a former employee sought to invalidate a non-competition restriction;
  • Obtaining summary judgment for an asset management firm in an arbitration involving claims for bonus compensation;
  • Defending a Japanese investment company against claims of reverse national origin and race discrimination;
  • Obtaining summary judgment for a shipping company that was sued for gender and disability discrimination;