Brian Heller has been with Schwartz & Perry LLP since his graduation from Fordham Law School in 2001. In August 2007, Mr. Heller was named as a Partner of the firm. Mr. Heller has an impressive background in all aspects of employment law, including discrimination, sexual harassment, fraudulent inducement, contractual disputes, stock options and benefits, and workplace torts.
Mr. Heller is an experienced litigator, having co-chaired numerous trials, including jury and non-jury trials in both the Federal and state courts. Mr. Heller has also prosecuted and argued numerous appeals in various New York State appellate courts. In addition to litigation, Mr. Heller negotiates severance agreements, employment contracts, non-compete and confidentiality agreements, and counsels employees who are subjected to discrimination in the workplace.
In addition, Mr. Heller is active in Alternative Dispute Resolution (ADR), successfully representing employees in mediations sponsored by the U.S. Equal Employment Opportunity Commission (EEOC), the court or a number of private dispute resolution entities. He also appears on behalf of individuals in arbitrations before the Financial Industry Regulatory Authority (FINRA, formerly NASD) and the American Arbitration Association.
In June 2006, following a two-week trial in the United States District Court for the Southern District of New York, the jury returned a verdict in favor of a client of Schwartz & Perry LLP in the amount of $2.5 million, of which $300,000 was an award for punitive damages. The verdict was based upon a retaliation claim arising from the plaintiff's allegation of age discrimination brought under the New York City Human Rights Law. After adding damages and interest, the amount of the final judgment paid totaled nearly $4 million. Mr. Heller played an active role throughout the case.
Mr. Heller actively lectures on the field of employment law for programs sponsored by the New York County Lawyers' Association, National Employment Lawyers Association, Lawline.com and the Marino Institute for Continuing Legal Education. In addition, Mr. Heller has co-authored numerous articles and publications for various Bar associations in New York.
More than 10 years ago, the firm developed a Summer legal internship program at the request of a New York law school. The initial programs were so successful that the firm initiated on-going legal internship programs throughout the academic year as well.
As a student at Fordham Law School, Mr. Heller served on the Fordham Urban Law Journal and as a mediator in the Bronx Small Claims Court. In addition, Mr. Heller is a Phi Beta Kappa graduate of Pennsylvania State University.
J.D., Fordham University School of Law, 2001
B.A., with Distinction, Pennsylvania State University, 1998
Phi Beta Kappa
Jurisdictions Admitted to PracticeNew York, 2002
U.S. District Court, Southern District of New York, 2002
U.S. District Court, Eastern District of New York, 2002
U.S. Court of Appeals, Second Circuit, 2008
Honors & Awards
- Archibald M. Murray Award for Public Service (2000)
- SuperLawyers - New York Metro Area - Rising Star (2012)
Publications & Lectures
- December 6, 2008 - "Employment Discrimination in the Workplace: How to Handle and Negotiate an Employment Discrimination Claim," Marino Institute for Continuing Legal Education (Presenter)
- October 6, 2008 - "The Great Employment Debate - Are Age Discrimination Laws Necessary?" New York County Lawyers' Association (Co-Author & Presenter)
- August 12, 2008 - "Investigating Liability & Assessing Damages in Employment Law Claims: Identifying Methods That Have Proven Successful in Negotiating Claims," New York City Bar Association (Co-Author & Presenter)
- August 7, 2008 - "How to Effectively Commence an Employment Discrimination Claim," New York County Lawyers' Association (Co-Author)
- April 5, 2008 - "An Introduction to Employment Law," Marino Institute for Continuing Legal Education (Presenter)
- March 10, 2007 - "Getting the Most Out of Your Case," Marino Institute for Continuing Legal Education (Co-Author & Presenter)
- February 15, 2007 - "Getting the Most Out of Your Case," Marino Institute for Continuing Legal Education (Co-Author & Presenter)
- December 10, 2006 - "Trial Strategies That Work," Marino Institute for Continuing Legal Education (Co-Author & Presenter)
- September 16, 2006 - "How to Handle and Negotiate Your First Employment Discrimination Case," Lawline.com (Presenter)
- March 11-12, 2005 - "Litigating Harassment Claims: Strategies for Success - Counseling and Case Selection," National Employment Lawyers Association (Co-Author)
- 2003 - "Sexual Harassment in the New Millenium," National Employment Lawyers Association, 13th Annual Convention (Co-Author)