In a case involving a question of great importance to New York’s hospitality industry, the United States Court of Appeals for the Second Circuit found New York law is unclear as to (1) what degree of supervisory responsibility renders an employee an “agent” of an employer ineligible for tips under...
In a decision of first impression, Judge J. Paul Oetken of the United States District Court for the Southern District of New York agreed with arguments advanced by RPL on behalf of client Phillip Leshinsky that the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) applied retroactively to...
Recent layoffs at Dewey & LeBeouf LLP have highlighted the federal worker protection under the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2102, et seq., or WARN Act. (Some states, including New York, have enacted respective WARN acts, which differ in some aspects from federal law.) Enacted...
By Neil Patrick Parent We have been tracking Christopher v. SmithKline Beecham Corp., currently before the United States Supreme Court, a case involving whether or not pharmaceutical sales representatives (or “detailers” as they have traditionally been known in the industry), are eligible for overtime wages for hours worked in excess...
Reavis Parent Lehrer LLP won a significant victory on behalf of its client Vandegrift Forwarding Company, Inc. (“Vandegrift”) when Judge Dora Irizarry of the United States District Court for the Eastern District of New York dismissed a complaint asserting claims under the federal Employee Retirement Income Security Act, commonly known...
The Firm won another victory on behalf of our client, Broadway Metro Associates, LP (“Broadway Metro”), the owner of the historic Metro Theater located on upper Broadway in Manhattan, successfully obtaining the dismissal of a complaint brought by a former tenant arising out of Broadway Metro’s refusal to consent to...
The Firm won a significant victory on behalf of China North East Petroleum Holdings Limited ("NEP" or “Company”), obtaining a judgment dismissing three shareholder derivative lawsuits against the Company and its directors and officers pending before Judge Miriam Goldman Cedarbaum in the United States District Court for the Southern District...