Practice Areas: Employment/Non-Competes

The Firm has litigated all range of employment issues, including contract, discrimination, ERISA and enforceability of restrictive covenants, in federal and state courts as well as FINRA and other arbitral tribunals. As an adjunct to its trial work, and often to avert litigation, the Firm has developed a particular expertise in counseling clients in negotiation of employment and separation agreements and related non-competition and non-solicitation provisions.  These negotiations often involve complex issues concerning interpretation of stock and other bonus plans as well as the continuing nature of commission, carry or other ongoing compensation arrangements.  Mr. McCarney has personally reviewed and negotiated hundreds of these agreements and is well versed in the nuances of their terms across a spectrum of industries.  His representation has extended to both employer and employee, right up to Chairmans of the Board of both start-up and Fortune 500 companies alike.

Representative Cases

  • Lambert v. Macy’s Inc. Secured summary dismissal of employee claims under state and municipal law for racial discrimination and harassment, constructive discharge, hostile work environment, retaliation and punitive damages in both Supreme Court and on appeal in Brooklyn.
  • Jarvis v. CIGNA Corp.  Represented California widow of deceased senior executive in federal bench trial in Manhattan to secure recovery under business travel life insurance policy.
  • Murphy v. Gabelli.  Representation of former managing director through jury selection and settlement in federal court in Manhattan in seminal case establishing standards for receipt of “evergreen” commissions for sourcing money management accounts.
  • Brown v. Credit Suisse First Boston (USA), Inc.  Representation of a departing investment banking group in both judicial and arbitral proceedings in New York involving    enforcement of non-compete provisions.
  • Lopez v. M. Castellvi, Inc.  Defended New York-based steel mill supplier in a federal bench trial in Manhattan against employee claims for profit participation arising from Latin American operations.
  • Wong v. Citigroup, Inc. Representation of registered representative in FINRA arbitration involving stock option dispute.

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