Mr. Tempesta recently retired from the New York State Court System, after thirty-four years of service.  During the last ten years of his career, Mr. Tempesta was assigned to the Supreme Court Civil Branch, where he served as Senior Settlement Coordinator/Mediator.  During the last ten years of his career, Mr. Tempesta was involved in assisting in the settlement of over 8,000 cases, many of which involved employment law.

As a result of his position, he was unquestionably involved with as many mediations as anyone in the country.  He is, therefore, fully familiar with all aspects of civil litigation, including identifying and resolving issues in all aspects of litigation, and has significant experience in evaluating claims. 

Mr. Tempesta also served as an Administrative Law Judge with the City of New York for approximately ten years, as well.  Currently, Mr. Tempesta serves as a Court Examiner for the Appellate Division, First Department, as well as a practice concentrating on private mediation.

We believe his relationship with our firm will add still another dimension to our expanding practice, for which reason we are gratified for our relationship and the promise it holds to enable us to better serve our clients.

We are pleased to announce that our Managing Partner, Murray Schwartz, will present a lecture entitled “Employment Discrimination in the Workplace,” at New York Law School on April 5, 2008.

This Lecture will be sponsored by the Marino Institute for Continuing Legal Education (MICLE).  The lecture is part of a CLE Weekend at New York Law School and is to benefit the New York Law School Alumni Scholarship Fund.   Our firm is honored to have Mr. Schwartz participate in this worthy event.  It will be part of a two day Continuing Legal Education weekend.  This is but one of the many CLE lectures that Schwartz & Perry attorneys have presented to the legal community in recent years.

For more information on the event, please feel free to visit www.Micle.net as well as New York Law School’s Upcoming CLE Programs site, which is http://www.nyls.edu/pages/1636.asp 

We are grateful for the opportunity to participate in this exciting and memorable program.

Once again, our Managing Partner, Murray Schwartz, has been selected as a speaker by the New York City Bar Association (NYCBA), at a Continuing Legal Education (CLE) Program that will be held on Tuesday, May 20, 2008.  The subject of the lecture will be in the field of employment law and will take place at the New York City Bar Center on East 44th Street, in New York City.  Mr. Schwartz has lectured previously at the NYCBA and can, therefore, reasonably anticipate that the occasion will, once again, be rewarding and, again, a learning experience.  Over a period of time, it has become evident to all of us at Schwartz & Perry that there is much truth in the adage that, “the best way to learn is to teach.”  All of us, therefore, find that our experiences in lecturing enhances our own knowledge with respect to the subjects that form part of our lectures, which are always dedicated to employment law.  Always, therefore, we look forward to the experience with much pleasure.

Mr. Schwartz is fortunate, once again, to have been invited to lecture before the New York County Lawyers Association (NYCLA) on May 1, 2008.  NYCLA has invited Mr. Schwartz to lecture as part of a program that will take place at the Bloomberg Building on May 1, 2008.  The program will be on the subject of The Anatomy of an Employment Discrimination Trial.  It is always an inspiring experience to speak before a bar association audience of attorneys who are so thoroughly involved in discussing and actively engaging in the on-going learning process, regardless of the stage of their career.  The quest for broadened knowledge and the sharing of experiences is clearly part of the practice of law.  Such experiences are deeply worthwhile.  We treasure, therefore, the opportunity to be a part of this on-going process.

MURRAY SCHWARTZ PARTICIPATES IN THE NEW YORK REGIONAL STUDENT TRIAL ADVOCACY COMPETITION (STAC) AS A SCORING JUDGE

On Saturday, March 8, 2008, Mr. Schwartz appeared as a scoring judge in the Student Trial  Advocacy Annual Nationwide Mock Trial Competition, sponsored by the American Association for Justice.  The competition involved 224 teams from 125 law schools throughout the United States.  The goal of the program is to inspire excellence in trial advocacy.  The competition took place at the New York Supreme Court at 60 Center Street.  Once again, as in all the past years in which Mr. Schwartz has participated, the experience was noteworthy.  It was a distinct pleasure to participate in evaluating these high-performing law students from law schools spread throughout the United States.  The fact is, it was, again, a glowing experience.

We are pleased to announce that this past week, our firm achieved two significant victories in two very different venues in discrimination cases.

I. SUMMARY JUDGMENT VICTORY IN AN AGE CLAIM IN FEDERAL COURT

The first was our successful defense against Defendant's Motion for Summary Judgment in an age discrimination case brought by our client, which is pending in Federal Court, Southern District of New York. The defense against this type of motion, which is referred to as a dispositive motion, is quite significant because, should the defendant prevail, the case would effectively be over and the client would be unable to establish his case before a jury.

We are delighted at the fact that our client can now look forward to having the validity of his claim determined by a jury. At such time as additional significant information exists, we expect to be in a position to report the details. Hopefully it will be to share with you a positive ultimate outcome.

II. SUCCESSFUL CONCLUSION OF A MEDIATION

In the same week, we also successfully resolved a sexual harassment and retaliation claim through Alternate Dispute Resolution (ADR), which was accomplished through a mediation. Resolving a dispute in this fashion, in many cases, results in a conclusion that is satisfactory to both parties. Therefore, we consider a settlement achieved through mediation, a positive result.

Dec. 26, 2007: We are pleased to report that our firm successfully defended against a motion to dismiss, a motion for summary judgment and a motion to compel arbitration pursuant to a collective bargaining agreement, all which were made by a defendant in an action in which our clients asserted claims for gender discrimination and retaliation. The action was brought in the U.S. District Court, Southern District of New York. Hon. Deborah A. Batts wrote the Memorandum and Order, dated Dec. 21, 2007. It is a decision that we believe might well be of interest to our colleagues. The Court, in denying the defendant's motion to dismiss the discrimination claim under the New York City Human Rights Law, citing Farrugia v. North Shore Univ. Hosp., 13 Misc.3d 740, 747 (Sup. Ct., N.Y. Co. 2006), observed that New York State Courts have recognized that the New York City Human Rights Law was intended to be more protective that the state and federal counterpart. The court also observed, citing Jordan v. Bates Advertising, Inc., 11 Misc.3d 764, 770 (Sup. Ct., N.Y. Co. 2006), that "'in enacting the more protective Human Rights Law , the New York City Council has exercised a clear policy choice'" which the court was bound to honor. The Court also opined, citing Jordan, that the legislative history of New York City's Administrative Code "'clearly contemplates that the New York City Human Rights Law be liberally and independently construed with the aim of making it the most progressive in the nation.'" The defendant also moved to compel arbitration based on a provision in one of the plaintiff's collective bargaining agreement which stated that any claims under federal and state anti-discrimination statutes "shall be subject to the grievance and arbitration procedure...as the sole and exclusive remedy for the violations:" In denying the defendant's Motion to Compel Arbitration, the court found that "there is no basis for the Court to conclude that Selmanovic personally ever waived her right to raise her New York City Human Rights Law claims in a federal forum." The court cited the Second Circuit cases of Pyette v. Pennsylvania Building Corp., 498 F.3d 88, 92 (2d Cir. 2007) and Kravar v. Triangle Services, Inc., 509 F.Supp.2d 407, 409 (S.D.N.Y. 2007), which held that a union-negotiated mandatory arbitration agreement purporting to waive a covered worker's right to a federal forum with respect to statutory rights is unenforceable.

The decision can be read by clicking here.

December 20, 2007: We are pleased to state that we have been granted leave to appeal one of our cases to the New York State Court of Appeals, the highest court in the State. The Court of Appeals only accepts a small percentage of appeals, and we are pleased that the Court recognized the significance of the pending issue.

Our client, a cleaning person and union member was sexually harassed at work and ultimately fired, after she complained. Our firm represented her in a lawsuit, brought in state court under the New York City Human Rights Law. The company moved to compel arbitration of the claim, alleging that she had waived her right to a jury under the union's collective bargaining agreement ("CBA"). The court granted the motion, since the existing state law holds that these agreements are enforceable against human rights claims.

The issue is that while such CBA provisions are enforceable in state court, the federal courts, including the federal courts of New York, have specifically held that these CBA provisions are NOT enforceable. In fact, almost every court in the country that has addressed this issue has overwhelmingly found such provisions to be invalid, in light of, among other things, the differing interests between the union and the employee's individual rights.

This case, therefore, presents the fascinating issue of bring the law of New York State in line with the law of the rest of the county. Our appeal to the mid-level court, the First Department, essentially asked the court to reverse itself and was denied in a very short opinion.

Our victory today permits us to appeal to the highest court in the State, to have New York rule consistently with the federal courts and other areas of the country. We are honored and privileged to be able to present this cutting edge issue to the Court of Appeals, on behalf of our client.

On Nov. 7, 2007, Schwartz & Perry's Managing Partner, Murray Schwartz, was invited to Brooklyn Law School to debate Professor Richard Epstein of the University of Chicago School of Law on the question of "Are Employment Discrimination Laws Effective or Necessary in the Free Market Economy?" The debate took place in the law school's Student Lounge and there was a standing room only audience.

Following the event, one law student, an officer in the student group that sponsored the debate, wrote to Mr. Schwartz: "I would like to thank you for your experience, intellect, passion, and insightful opinion while participating in today's debate... The generosity of your time, and that of your associates, was welcomed by all." Another student wrote: "I enjoyed the event tremendously and have received nothing but extremely positive feedback from everyone in attendance."

On Oct. 24, 2007, Schwartz & Perry filed a religious and age discrimination lawsuit on behalf of two clients against their employer in New York Supreme Court. The issues raised were sufficiently significant that the local press, as well as two television stations, News 4 WNBC and CBS Channel 2 News, wrote articles and conducted TV coverage relating to the nature of the litigation.

At such time as may be appropriate, further information will be shared.

Following the event, Mr. Schwartz commented, “I had a splendid time congregating with such a dynamic cross-section of the profession. And in some respects, it was a sort of reunion for me. I was able to reacquaint myself with one fine attorney who interned for me a good number of years ago. It was great to feel that I was there when he was starting out on a course that led him to this achievement.”

Mr. Schwartz was selected through a process based on peer nominations, blue ribbon panel review and independent research. Only five percent of New York metropolitan area attorneys have been named to the list.            

On Friday, Sept. 21, 2007, Schwarz & Perry’s Managing Partner, Murray Schwartz, was selected for inclusion on the New York Super Lawyers list for 2007, under the category of plaintiff employment litigation. Mr. Schwartz was one of only nine attorneys in named in this category.

The list was seen by more than one million readers and subscribers in a special advertising supplement to the Sunday, Sept. 23, 2007 The New York Times Magazine,  and the New York Super Lawyers - Metro Edition magazine, which was mailed to active New York attorneys and nationwide to the lead corporate counsel of the Russell 3000 companies and ABA-approved law school libraries. Mr. Schwartz also now appears on www.superlawyers.com.

Mr. Schwartz was selected through a process based on peer nominations, blue ribbon panel review and independent research. Only five percent of New York metropolitan area attorneys have been named to the list.

We are pleased to announce that Murray Schwartz is also scheduled to participate in five upcoming CLE seminars on the subject of employment law at the following dates:
    1)  NEW YORK COUNTY LAWYERS' ASSOCIATION (NYCLA)   
   
    On Nov. 9, Mr. Schwartz will be speaking to attorneys on employment law as part of the “Bridging the Gap” series.

    2) LAWLINE.COM
    In November 2007, Murray Schwartz, will host an online presentation on Lawline.com. This lecture will be  available online to attorneys who seek credit as part of their Continuing Legal Education (CLE) requirements.

    LAWLINE.COM is a leading aggregator and broadcaster of law-related streamed media programming on the Internet.

   3) MARINO INSTITUTE FOR CONTINUING LEGAL EDUCATION (MICLE)
    Mr. Schwartz will in upcoming weeks lecture again for the Marino Institute For Continuing Legal Education. The date and location are to be announced.

On Saturday, Sept. 15th, 2007, Schwartz & Perry's Managing Partner Murray Schwartz lectured before attorneys on “Getting the Most Out of Your Case” for the Marino Institute For Continuing Legal Education (MICLE). More than 100 attorneys were in attendance. The attendees earned CLE credit for participating in the course.

On Thursday, Sept. 6th, 2007, Managing Partner Murray Schwartz, Partner Brian Heller, and Associates Matthew Schatz, Steven Pallonetti, and Yael Utt, all participated in judging a round of New York Law School’s Froessel Competition. The attorneys for Schwartz & Perry have for years been actively involved in supporting the Moot Court program at NYLS. This Fall’s competition proved as exciting and rewarding as seasons past. The problem involved questions of constitutional law under the Second and Fourteenth Amendments. Our attorneys were gratified to be able to engage the student competitors in appropriate questioning and debate during the scoring round. We wish all the law students involved in the Froessel competition and New York Law School's Moot Court Association well. We were gratified to be invited to again participate and continue to look forward to involvement in future years in this significant event.

On Sept. 4, 2007, Schwartz & Perry LLP welcomed two new members to its staff: Steven J. Pallonetti and Ivan K. Alexander. Mr. Pallonetti, joins the firm as a graduate of the Benjamin N. Cardozo School of Law, having sat for the July 2007 N.Y. bar exam, awaiting results. We expect him to assume his role as an associate upon his admission to the Bar. Mr. Pallonetti was a summer law intern of the firm in 2006.

Mr. Alexander, who joins the firm as Communications and Development Coordinator, is a former legal journalist and a graduate of the City University of New York School of Law.

Schwartz & Perry looks forward to the strong contribution we and our clients will secure from their meaningful efforts and we wish them both every success.

On Aug. 31, 2007, Schwartz & Perry announced that Brian Heller was made partner. Mr. Heller joined the firm in 2001, after graduating from Fordham University School of Law.

During Mr. Heller’s six years with the firm, he rose to the position of Senior Associate, and has gained significant experience in co-chairing federal and state trials, participating in various appellate proceedings, negotiating severance and other employment agreements, and participating in extensive research and writing in the realm of employment discrimination law. Additionally, Mr. Heller is active in all areas of employment law, as well as the litigation of employment matters. He is active in Alternative Dispute Resolution, appearing on behalf of our clients at mediations before the EEOC, NASD and JAMS. Mr. Heller also regularly lectures on employment discrimination, litigation, contracts, workplace torts and trial practice on behalf of licensed CLE providers, contributing the skills and insights he has gained during his successful tenure at Schwartz & Perry.

Managing Partner Murray Schwartz had this to state: “It has been a rewarding and most gratifying experience to be part of the growth and effectiveness of this splendid lawyer, from whom we fully expect a constant stream of achievements, for our clients and our firm.”

Mr. Heller commented, “I'm proud to have been able to advocate for victims of workplace discrimination over these past six years at Schwartz & Perry, and look forward to continuing for many more years to come.”

On Aug. 29, 2007, a video of a roundtable discussion entitled “The Beginnings of Employment Law,” given by the attorneys of Schwartz & Perry, debuted on the highly-popular website www.youtube.com. The seven-minute video was prepared as part of Lawline’s Continuing Legal Education series, for which Messrs. Schwartz, Heller and Schatz have lectured in the past on current issues in employment discrimination. During this most current presentation, Partner Davida Perry and Yael Utt, one of our associates, also participated. The video is available for viewing on youtube and can be accessed by searching under the term “Murray Schwartz” or by clicking here.

During the summer of 2007, Schwartz & Perry LLP invited 19 accomplished second- and third-year law students from New York-area law schools to participate in its highly recognized summer law internship program which has successfully existed for more than ten years. The students were divided into two halves, spanning twelve weeks throughout the entire summer.

The interns had tremendous exposure to a major arbitration proceeding, drafting of complaints, legal research on a variety of substantive and procedural law issues, ongoing involvement ina ll aspects of employment litigation,  motion practice, client intake meetings, third-party conducted mediations, negotiation preparations and other facets of our very active employment law litigation practice.

Each of the sessions of interns concluded their programs with a celebratory lunch at either Rossini’s Restaurant or Benjamin’s Steakhouse. Lasting friendships were created, knowledge and experience were shared, and the entire class of interns expressed their appreciation for the experiences in which they participated and the hands-on contact they obtained working in an active employment practice. We too benefitted from the experience, as we always do. We shall continue to make the program available because of the benefit it promises to so many. We look forward to repeating it again next summer, as we have done now for a decade.

On July 20, 2007, Murray Schwartz, Managing Partner of Schwartz & Perry LLP, lectured before over 100 attorneys at the New York County Lawyers’ Association (NYCLA) offices on the subject of “How to Handle and Negotiate Your First Employment Discrimination Case.” This lecture was presented as part of the New York County Lawyer’s Association “Bridging the Gap” Series, which puts together several days of CLE lectures on various topics, so those in attendance can fulfill their CLE requirements, and maintain their good standing at the bar. Matthew Schatz, Esq., an Associate at Schwartz & Perry, participated in preparation of the article that accompanied the presentation.

We are pleased that Mr. Schwartz was invited back by NYCLA to participate in another lecture series that will take place again at the NYCLA facilities, on Friday, Oct. 26 and Saturday, Oct. 27, 2007. Mr. Schwartz’s program will be presented the morning of Oct. 26. We expect that Associates Matthew Schatz and Yael Utt will assist in preparation of the written component submitted by Mr. Schwartz.

On Monday, May 21, 2007, the first half of our Summer Intern Program commenced. The interns attending were from different law schools all in the New York City area and numbered nine interns. The first portion of the program will last from May 21 to June 29. It will be immediately followed by the second-half in which nine other interns will participate, again all will be law students attending New York area law schools. The second phase of the program will conclude on Aug. 10.

On Saturday May 12, 2007, our Managing Partner Murray Schwartz, was the lecturer at a Continuing Legal Education lecture sponsored by the Marino Institute for Continuing Legal Education, an approved CLE provider. The lecture involved the subject of the “Anatomy of an Employment Discrimination Claim.” The lecture was attended by several hundred attorneys seeking Continuing Legal Education credits in the field of Employment Law. The lecture covered a broad and diverse range of subjects all in the field of employment law.

We were aware that the commencement of our 2007 Summer Law Intern Program would coincide with the date on which Schwartz & Perry was beginning an arbitration proceeding. Arrangements, therefore, were made by our Managing Partner, Murray Schwartz, to have each of our Summer Law Interns attend the proceedings; one in the morning session and another in the afternoon session. This continued on a daily basis for the full five days of the proceeding, so that each of our summer interns was present during a portion of the proceeding. The summer interns are now participating in the research with respect to the concluding post-arbitration material that will now be submitted. The interns have all expressed their pleasure at the opportunity afforded them to be present during the arbitration proceeding and are pleased as they now participate in the concluding phase of the Arbitration.

On April 20, 2007, Schwartz & Perry hosted a significant portion of their 2007 summer interns at a "welcome breakfast" which took place at the Pershing Square Restaurant, opposite Grand Central Station. It was a delightful event and an inspiring introduction to the Schwartz & Perry, 2007 summer intern program, which this year, will take place in two sessions. In each of the two sessions nine interns from New York Law School, City University of New York, St. John's, Hofstra, Brooklyn, and Fordham will participate. The first session will commence May 21 and will end June 29. The second session will commence July 2 and will end August 10, 2007. During these programs the interns will be supervised by all of the Schwartz & Perry Associates, as well as the Partners. We look forward to an exciting and memorable experience, such as we enjoyed during the past ten years in which the program has existed and grown.

On April 19, 2007, Schwartz & Perry was represented by Murray Schwartz at the Management Bar Reception sponsored by NELA NY, at which Management Attorneys and Plaintiff's side attorneys met and shared comments at a cordial social event.

On Monday, March 12, 2007, the Federal Court Judge who presided over a trial in a retaliation case based upon an age discrimination claim, in which Schwartz & Perry LLP represented the plaintiff, handed down a decision in our favor. The Judge issued a significant Order granting our request for attorney's fees, pre-judgment interest and costs, as the prevailing party.

Please Click Here to Read the Court's Decision
Please Click Here to Read the Westlaw Decision

On Thursday, March 8, 2007, Murray Schwartz, Managing Partner of Schwartz & Perry LLP, Senior Associate Brian Heller, and Associates Matthew Schatz and Yael Utt, participated as judges in this year's 31st Annual Wagner Labor & Employment Law Moot Court Competition sponsored by New York Law School.

Mika Mooney, a former summer law intern of Schwartz & Perry, and a third-year member of New York Law School's Moot Court Association, played a significant role in the competition. Schwartz & Perry was pleased to be a part of such an exciting and important event for participating law students.

On Saturday March 3, 2007, Murray Schwartz, Managing Partner of Schwartz & Perry LLP, acted as a scoring judge during round two of the New York Regional competition sponsored by the Association of Trial Lawyers of America's Student Trial Advocacy Competition. The contest is held to offer law students the chance to exhibit and sharpen their trial skills. The exciting competition took place in the New York State Supreme Court at 60 Centre Street.

On Friday, March 2, 2007, Murray Schwartz, Managing Partner of Schwartz & Perry LLP, was invited to speak to Brooklyn Law School’s Employment Law class at a lunch in his honor. Mr. Schwartz was asked to give this lecture by professor Jayne Ressler, who teaches the class. Yael Utt, an Associate of Schwartz & Perry, attended the lunch with Mr. Schwartz.

Mr. Schwartz shared anecdotes about high-profile trials he has litigated, and also shared with the students why he remains so passionate about representing plaintiffs in this area of the law.

The students who attended the lunch to hear Mr. Schwartz speak, represented a very focused segment of second and third-year law students who desire to practice in the field of Employment Law. Many of these students spoke with Mr. Schwartz and Ms. Utt after the lecture to gain insight in developing a career in the field of Employment Law.

On Monday, Feb. 12, 2007, The Benjamin N. Cardozo School of Law Labor and Employment Society honored Murray Schwartz in an event called “Lunch with a Legend,” a fitting title for a Managing Partner with decades of experience. Approximately thirty students, ranging from first-year law students to third-year law students, attended the luncheon to gain insight from Mr. Schwartz as he delivered his thoughts on Employment Law and Employment Litigation. Mr. Schwartz shared anecdotes from his years of practice, and also explained recent trends in discrimination that continue to fuel his passion in this area. He also discussed his strong views on the enrichment that can be earned through a legal career in the exciting field of Employment Law. The luncheon was organized by the Treasurer of the Labor and Employment Society at Cardozo School of Law.

Please Click Here to Read the Full Story

On Dec. 10, 2006, Murray Schwartz, our Managing Partner, Senior Associate Brian Heller, and Associate Matthew Schatz presented a two-hour lecture, "Trial Strategies That Work," in the Bar-bri facilities at the Marino Institue for Continuing Legal Education in Manhattan. Mr. Schwartz spoke in-depth about the different elements that comprise an Employment Law trial. The presentation covered techniques and strategies that Schwartz & Perry have found to be significant and successful.

The September 2006 edition of the New York County Lawyers Association’s newsletter features Murray Schwartz, member for nearly six decades, for garnering a $2.5 million award for his client on June 9, 2006, $300,000 of which represented punitive damages. The article also illuminates some of the on-going achievements of Schwartz & Perry’s managing partner, Murray Schwartz. “Mr. Schwartz has been integral to several landmark ‘first impression’ cases cited as precedent in current employment law disputes. Among the most notable of these cases are: McIntyre v. Manhattan Ford, Thorenson v. Penthouse and Braker v. Cohen.

Please Click Here to Read the Full Story

On Wednesday, Sept. 6, 2006, in a lecture appearing online, Murray Schwartz discusses age discrimination in the workplace. This lecture will be available to attorneys who seek credit as part of their Continuing Legal Education (CLE) requirements. The seminar provides insights into this very active area of employment law. It addresses the experiences of our Managing Partner, who has been actively practicing law for 58 years, the last twenty of which has and continues to focus essentially on all phases of employment law, including all areas of discrimination in the workplace.

LAWLINE.COM is a leading aggregator and broadcaster of law-related streamed media programming on the Internet.

Please Click Here to See the Full Range of Legal Services in Which Schwartz & Perry Specialize

On Friday, June 9, 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 our client, after less than an hour’s deliberation. The verdict was in the amount of $2.5 million, of which $300,000 represented an award of punitive damages. The jury found our client was terminated by his employer in retaliation for protesting age discrimination.
   
Since the action was initially brought under the New York City Law and was removed to federal court, the amount was not subject to the federal cap. After adding damages which were awarded, as well as interest, costs and attorney fees, the amount of the final judgment that was entered totaled almost $4,000,000.

The case was tried by Murray Schwartz, together with his daughter/partner, Davida S. Perry, and one of our associates, Brian Heller.

Please Click Here to Read the Full Story