Workplace Litigation

For more than 75 years, we’ve practiced in the areas of employment, employee benefits and labor law. From its earliest days, Blitman & King gained national attention by representing clients in complex disputes. The settings for these controversies take a variety of forms, including arbitration, class actions, individual and collective litigation, mediation (formal and informal), government investigations, audits, administrative proceedings and enforcement actions. Our litigators are well trained employment, employee benefits and labor practitioners—we are not general practice litigators. Here’s what we excel at:

Employment Litigation: Our body of work includes a broad array of employment litigation claims involving breach of contract, compensation, confidentiality agreements, constructive discharge, civil rights, defamation, deferred compensation, discrimination, disability, employment agreements, false claims act, interference with the employment relationship, non-competition and non-solicitation agreements, medical leave, qui tam, race discrimination, retaliation, severance and severance agreements, sexual harassment, wage and hour, misclassifications, trade secrets, whistleblower, wrongful termination, and termination with cause.

Employee Benefits Litigation: We have represented clients in the full gamut of employee benefits controversies relating to bankruptcy, benefit claims, challenges to plan rules, COBRA, collection of delinquent contributions, ERISA’s reporting and disclosure, fiduciary duty, prohibited transaction provisions and preemption of state law, executive compensation, golden parachutes, HIPAA, investments and investment losses, insolvency, mergers, nonqualified deferred compensation, overpayment claims, plan amendments, retiree health benefits, spin-offs, stock grants, stock options, subrogation, termination, and withdrawal liability. In addition, we excel at handling U.S. Department of Labor investigations and audits, Internal Revenue Service audits, U.S. Department of Justice investigations and proceedings involving the Pension Benefit Guaranty Corporation.

Labor Litigation: We possess deep experience, and have among the highest capabilities when it comes to labor disputes involving bankruptcy, breach-of-contract, collective bargaining agreements, duty of fair representation, handbilling, injunction proceedings, grievances, mergers and acquisitions, picketing, plant relocations, prevailing wage, reorganizations, representation matters, secondary boycotts, strikes, unfair labor practice charges, union decertifications, and unit clarifications.

Awards

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Who’s Who Legal Awards

Charter Fellows of the College of Labor and Employment Lawyers

Former Chairs of the American Bar Association’s Labor and Employment Law Section

New York Super Lawyers

Former Chairs of the New York State Bar Association’s Labor and Employment Law Section

Former Chair of the American Bar Association’s Equal Employment Opportunity Committe

AV Peer Review Rating by Martindale-Hubbell

Practice Highlights

  • A bankruptcy court claim, on behalf of a coalition of 30 pension plans, seeking $15,000,000 in advancements from the Securities Investor Protection Corporation (“SIPC”) for theft of plan assets by a broker in connection with investments in hedge funds. Our client coalition represented approximately $72,000,000 in bankruptcy claims.
  • A dispute, on behalf of a senior-level executive of a multi-billion dollar real estate development company, involving compensation, the use of trade secrets and confidential information and the application of non-competition restraints.
  • A series of related race discrimination, disparate treatment, hostile work environment and retaliation claims where the federal district court granted summary judgment in our favor and the Second Circuit Court of Appeals affirmed.
  • A shareholder class action claim alleging that the board of directors failed to adequately discharge their fiduciary duties by not maximizing shareholder value in connection with a $2.3 billion merger transaction.
  • A federal wage and hour class action involving public sector employees in connection with work performed during and prior to scheduled shifts.
  • A claim, on behalf of a large state-wide labor union, where we obtained summary judgment in dismissal of a class action that sought substantial damages for alleged violations of the duty of fair representation and ERISA.
  • A claim, on behalf of an ERISA health plan, where we recovered millions of dollars in connection with an investment in a hedge fund.
  • Various state law tort claims based on alleged wrongdoing by employees where the federal district court granted summary judgment in our favor and the Second Circuit Court of Appeals affirmed.
  • A series of eight different U.S. Department of Labor investigations related to investments, including investments in hedge funds, by employee benefit plans.
  • Agency fee claims under the First Amendment where federal district court granted summary judgment in our favor.
  • An employment-based business tort action brought in state court that resulted in a settlement favorable to our client.