Recent Happenings
October 7, 2011 - The New York Times Magazine contained a supplement entitled New York Super Lawyers, in which it was announced that, once again, Murray Schwartz and Davida Perry were selected as Super Lawyers in 2011, in the field of “Employment Law Litigation: Plaintiffs” category.
The list appeared in New York Super Lawyers - Metro Edition and was seen by more than one million readers and subscribers in a special advertising supplement to the New York Times Magazine on Sunday, October 2, 2011 as well as in New York Super Lawyers Magazine. Super Lawyers is seen by more than 13 million readers across the nation. Mr. Schwartz and Ms. Perry are both delighted to again be named to the list also attended the bi-annual reception held at the New York Palace Hotel in which the recognized attorneys were honored.
SCHWARTZ & PERRY'S SUMMER 2011 LAW INTERNSHIP PROGRAM CONCLUDES
August 20, 2011 - The Schwartz & Perry Summer 2011 Legal Internship Program has, once again, successfully concluded. This year, nearly thirty students from many different law schools such as the Benjamin N. Cardozo School of Law, Fordham University School of Law, Hofstra University School of Law, New York Law School, Pace Law School, and Quinnippiac University School of Law, and the City University of New York participated in the program. This summer, once again, there were two programs, one of six weeks and the other of seven weeks.
During the course of the summer, the students, under the supervision of our partners and associates, were actively engaged in a hands-on experience involving all aspects of employment law litigation. Some of the projects the interns have been involved with include, but are not limited to: attending mediation proceedings, depositions, interviews and meetings with clients, performing in-depth legal research, participating in summary judgment motions, preparing memoranda of law, assisting in the drafting of complaints, participating in contact with clients, and attending court conferences with our attorneys and preparing for trial.
We are now presently engaged in our Fall Internship Program with equally positive results.
SCHWARTZ & PERRY PREVAILS BY OBTAINING ANOTHER JURY VERDICT IN OUR CLIENTS’ FAVOR FOR THE SECOND TIME IN LESS THAN ONE MONTH
April 14, 2011 - Schwartz & Perry recently completed another trial in Supreme Court, New York County, in which we represented three former employees in an action involving their former employer in which our clients prevailed in every respect. This favorable verdict was the second occasion in less than one month in which our clients fully prevailed by securing a jury verdict after trial. We are pleased at our good fortune on behalf of our clients.
SCHWARTZ & PERRY PREVAILS IN DEFEATING A MOTION TO DISMISS IN SUPREME COURT - NEW YORK COUNTY
March 30, 2011 - It is always a joy to obtain a Decision which is totally in favor of your client. It is even more joyful when that Decision is, in part, based upon one of your own cases. That makes the result even more significant. We are delighted that this has just occurred with regard to one of our cases, Azevedo et al. v. Gateway Frontline Services, Inc. (109316/09), in which our clients assert race and national origin discrimination, as well as retaliation claims.
In Azevedo et al., the Court denied the motion made to dismiss the case, and cited to another one of our cases, Hughes v. UPS, to support its decision to deny the motion. We believe the language of the decision in the recently decided Azevedo case has significance, not only because it provided a result completely in favor of the plaintiffs, but because the language of the Decision in favor of the plaintiffs, could effectively be employed by others involved in a similar motion. It is for that reason that we thought it might prove helpful to share this Decision with our colleagues.
SCHWARTZ & PERRY’S SUMMER LAW INTERNSHIP APPLICATION PROCESS BEGINS
We were strongly encouraged by the tremendous response we received, once again, when the program was announced. We shall, of course, extend every effort to have the program be as effective as we have consistently been advised was the case when our past programs were conducted.
SCHWARTZ & PERRY’S SPRING LAW INTERNSHIP PROGRAM IS UNDERWAY
To all of us at Schwartz and Perry, our internship programs, have not only been successful but also the source of strong fulfillment and pride. We have all come to recognize that, not only do the interns learn but the adage that “teaching is also a learning experience,” has a very sound basis.
JURY VERDICT IN FAVOR OF SCHWARTZ & PERRY CLIENT IN PREGNANCY DISCRIMINATION CLAIM
The case was tried by partners Davida S. Perry and Brian Heller along with associate Julie D. Tucker.
MURRAY SCHWARTZ IS INVITED BY BLOOMBERG TELEVISION TO APPEAR ON ITS TELEVISION PROGRAM “TAKING STOCK WITH PIMM FOX” TO DISCUSS SEXUAL HARASSMENT IN THE WORKPLACE
On August 9, 2010, our Managing Partner Murray Schwartz appeared as a guest on Bloomberg Television’s program, “Taking Stock with Pimm Fox.” It was, of course, an honor for him to have been selected as a guest panelist. The discussion centered on the recent resignation of Mark Hurd as the Chief Executive Officer of Hewlett-Packard.
Mr. Schwartz served as one of two panelists who were interviewed by Mr. Fox. The other panelist was an attorney whose office is in Washington, D.C.
The conversation initially began with a discussion of the facts and issues concerning the conduct of several Chief Executives at large publicly held companies. The subject matter of the discussion was then broadened to include more general comments about the prevalence of sexual harassment in the workplace.
Mr. Schwartz stated his belief that sh in the workplace, in many cases, is about power and the exercise of that power at the expense of other employees who became victims of sexual harassment. Additionally, Mr. Schwartz discussed the protections employees who come forward in complaining of sexual harassment and discrimination are afforded by the laws against retaliation.
Mr. Schwartz was able to provide unique and insightful thoughts on sexual harassment in the workplace from his perspective as one of the recognized, leading plaintiff’s lawyers in that field.
To view a video of Mr. Schwartz's appearance please click here.
MURRAY SCHWARTZ INTERVIEWED BY MARKETWATCH ON ISSUES OF SEXUAL HARASSMENT IN THE WORKPLACE
On August 9, 2010, our Managing Partner, Murray Schwartz was interviewed by Market Watch, an online segment of the Wall Street Journal, with respect to the question of “how firms may avoid sexual harassment problems.” In his interview by Market Watch, Mr. Schwartz stated, among other things, that “the way it’s prevent is by having a strong policy that if someone does engage in sexual harassment they will be punished . . . the stakes should be very high.”
During the interview, Mr. Schwartz made other comments, one of which stated that, “the atmosphere of an office should discourage too much informality such as when workers tell inappropriate jokes,” Schwartz said, “The workplace should not be sexually charged.” The workplace continued for a period of time, during which the subject of sexual harassment was further discussed.
Given the fact that Mr. Schwartz is widely recognized as an attorney who has been involved in the subject of sexual harassment since its very inception, it was fitting that he be invited to speak on this very timely subject. Mr. Schwartz was involved in a number of landmark cases that have helped shape the field of sexual harassment.
To view the article please click here.
MURRAY SCHWARTZ ATTENDS NYCLA MENTORING PROGRAM EVENT ON STATEN ISLAND
Our Managing Partner, Murray Schwartz, in his role as a Mentor in the New York County Lawyers’ Association Mentoring program, attended an outing at the Staten Island Yankees baseball game at Richmond County Ballpark on Staten Island. The event was well-attended by both mentors and mentees, as well as members of the NYCLA staff.
Mr. Schwartz was selected as a NYCLA Mentor in January 2010, in its first class of Mentors in the pilot program. He was selected along with several judges and other significant members of the legal community. Mr. Schwartz, in his role as a Mentor, helps to guide his Mentee in developing and pursuing her legal career.
Mr. Schwartz commented that “the ball game was wonderful, but the outstanding parts of the event were both the attractive setting of the ball park with the New York City skyline behind it, as well as to share the company of fellow mentors and mentees.” Mr. Schwartz looks forward to future mentor/mentee program events and is so very pleased to confirm his strong belief that the program has great merit. It remains his hope that he will continue to be afforded the opportunity to participate in the program which he vigorously supports, for all the many benefits it has and can provide.
SCHWARTZ & PERRY PREVAILS ON A SIGNIFICANT MOTION IN AN AGE DISCRIMINATION CASE
Schwartz & Perry prevailed against a motion by Defendant seeking dismissal of a claim for pregnancy discrimination brought by a Schwartz & Perry client. The plaintiff, was terminated just 23 days after informing her employer that she was pregnant. The employer made a motion seeking dismissal of the case, claiming that she was fired for performance reasons. The Court denied the motion, finding that the plaintiff had successfully established that a jury could find the company’s performance argument to be a pretext for unlawful pregnancy discrimination. We are pleased to share this success with our colleagues and friends.
MURRAY SCHWARTZ TO PRESENT LECTURE AT THE NEW YORK COUNTY LAWYERS’ ASSOCIATION ON JULY 20, 2010
It is with pleasure that we report that our Managing Partner, Murray Schwartz, will present a lecture entitled, “An Introduction to Employment Law: The Most Exciting Field in the Law!” on July 20, 2010, as part of the New York County Lawyers’ Association’s (NYCLA) “Bridge the Gap” continuing legal education (CLE) lecture series. The event will take place at the Bloomberg Building in New York City.
“Bridge the Gap” continuing legal education (CLE) programs are an opportunity for newly admitted attorneys and law school graduates to satisfy their first- or second-year of CLE credits. Mr. Schwartz has been a member of the NYCLA faculty for many years and regularly writes and lectures extensively on various topics related to employment law.
SCHWARTZ & PERRY’S 2010 SUMMER LAW INTERNSHIP PROGRAM COMMENCES
The First Session of the program began on June 1, 2010 and will continue through July 9, 2010. We will commence our second portion of the 2010 summer intern program on July 12, 2010. The students represent many law schools both in the New York area and throughout the country, as well.
Under the supervision of our Partners and Associates, the students are engaged in a hands-on experience involving all aspects of employment law litigation. Some of the projects the interns have been involved with include, but are not limited to: attending mediation proceedings, depositions, interviews and meetings with clients, performing in-depth legal research, participating in summary judgment motions, preparing memoranda of law, assisting in the drafting of complaints, participating in contact with clients, and attending court conferences with our attorneys and preparing for trial.
The Summer Internship program is the highlights of the year for our firm and the students have reported to us that it is a very meaningful and significant experience for them.
MURRAY SCHWARTZ NAMED TO THE ADVISORY BOARD OF THE ST. JOHN’S UNIVERSITY CENTER FOR LABOR AND EMPLOYMENT LAW
Through the opportunities afforded by the Center, Law students are afforded the opportunities to meet and work with practitioners in the labor and employment fields through conferences and workshops sponsored by the Center. Additionally, students are given opportunities to gain skills and experiences through networking events and competitions organized yearly by the Center. Mr. Schwartz enthusiastically looks forward to a long and positive association with the University and Law School, and to offer whatever assistance he may be called upon to provide.
MURRAY SCHWARTZ LECTURES TO CARDOZO SCHOOL OF LAW EMPLOYMENT LAW CLASS
Mr. Schwartz’ lecture encompassed a broad spectrum of topics within the field of employment discrimination law. Among the issues Mr. Schwartz discussed with the students were the Federal, State, and City human rights laws, the role of employment discrimination attorneys in the workplace, the Restoration Act of 2005, and why employment law is one of the most exciting fields of practice.
Following the lecture, there was an in-depth question and answer period in which the students engaged Mr. Schwartz in a lively discussion of both the legal and practical elements of employment discrimination law. The response of the students clearly evidenced that they enjoyed the lecture and benefitted from it.
MURRAY SCHWARTZ NAMED ONE OF NYCLA’S FIRST MENTORS
We are pleased to share with you the news that our Managing Partner Murray Schwartz was selected as one of the Mentors in the New York County Lawyer’s Association (NYCLA) Mentoring Program.
According to the program’s handbook, the Mentoring Program is designed to develop a positive and supportive one-on-one relationship between an experienced individual and an individual that wants to further his or her career; to provide constant support and guidance through the Mentoring Program; to help the Mentee develop their skills and gain confidence in their abilities; and to develop a comfort level with self-promotion in the legal profession.
During the first meeting of the Mentors, which took place at the Home of the Law - NYCLA's Building, the Mentors were afforded the opportunity to meet with their respective Mentees and move forward with the program. The mentors were charged with the responsibility of, among other things, guiding the Mentee to develop skills necessary for success in the legal profession, including dealing with ethical issues.
Mr. Schwartz looks forward to his participation in the program which will provide him the opportunity to share his insights and experiences gained through over sixty years of practice.
MURRAY SCHWARTZ SERVES AS PROGRAM CHAIR OF PANEL DISCUSSION ON EMPLOYMENT DISCRIMINATION SPONSORED BY NYCLA
On January 14, 2010 Murray Schwartz was the Program Chair and participated in a panel discussion on various issues related to employment discrimination. The conference, entitled, “Issues and Insights into the Field of Employment Discrimination Law” was sponsored by the New York County Lawyers’ Association (NYCLA) and created by Mr. Schwartz. Murray Schwartz, along with two other members of Schwartz & Perry, Brian Heller and Matthew Schatz, participated in the program.
The response of members of the audience to the lecture was provided to us by NYCLA and consisted of at least the following:
● “Speakers were very knowledge and presented materials well.”
● “The Q&A [Question & Answer] period was interesting”
● “I liked the Q&A format - good idea”
● “Murray Schwartz was brilliant and captivating”
● “I liked the Q&A session”
● “Fact patterns and analysis was very informative”
During the first segment of the program, Murray Schwartz and Brian Heller lectured on the history of the New York City Human Rights Law, including exciting changes and developments in employment discrimination law. The second segment was an exciting and interactive question and answer period which provoked many questions from the attendees. The three panelists were asked a series of questions related to sexual harassment, reductions in force, disability discrimination, age discrimination, retaliation and they imparted their knowledge, proven strategies and practical guidance on key issues arising in the rapidly changing and broadening field of employment law to more than forty attendees.
Murray Schwartz, along with everyone at Schwartz & Perry, is delighted that the program was so well-accepted. We look forward to creating and participating in further such programs.
MURRAY SCHWARTZ WAS AWARDED THE LIFETIME ACHIEVEMENT AWARD FROM LAWLINE.COM - AN ONLINE CONTINUING EDUCATION PROGRAM
Lawline.com is a premier company providing online continuing legal education courses for attorneys throughout the country. On November 5, 2009, our managing partner Murray Schwartz received a lifetime achievement award from Lawline at a reception and awards ceremony that took place at the Harvard Club of New York. Attending were the esteemed members of the Lawline.com faculty, of which there were approximately 70. Mr. Schwartz and one another faculty member was honored with the lifetime achievement award. In attendance was also Brian Heller and Matthew Schatz of Schwartz and Perry, who are also both members of the Lawline.com faculty and shared with Mr. Schwartz in the pride this award gave to all members of our firm
During the celebration, there was distributed a current Lawline.com Directory for the year 2009. There was significant comments with regard to our firm in the Directory and with respect to Mr. Schwartz, such as:
"Murray just finished his fifth course with Lawline.com and has been a mentor and inspiration for all attorneys through his passion for teaching. With a sixty-year history in the legal field, Murray Schwartz, an employment litigator, has seen his share of courtrooms and witness stands. He was the lead trial attorney in the landmark sexual harassment case Thoreson v. Guccione and Penthouse Magazine, in addition to the no less distinguished Bracker v. Cohen and McIntyre v. Manhattan Ford, the latter famously awarding Schwartz’s client $6.6 million, one of the highest sums ever given to a sexual harassment plaintiff. Not only has [Mr.] Schwartz successfully communicated his knowledge and experience to the Lawline community, he has invited others to participate and enliven the discourse, most recently with partners Brian Heller and Matthew Schatz on the state of the contemporary employment law.
With respect to Schwartz and Perry, a comment was specifically included in the Lawline.com Directory which referenced Schwartz and Perry and stated the following:
"Schwartz and Perry Confront the Growing Epidemic of Employment Discrimination.
In the online CLE program ‘Critical Issues in Contemporary Employment Law,’ Murray Schwartz teams up with Matthew Schatz and Brian Heller to examine the disastrous effect that the economic turndown has exacted on the employment field. The distraught financial climate has not only led to an increase in the rate of lay-offs and firings, but has also increased the propensity for employers to engage in various forms of discrimination, from age and gender persecution to sexual harassment. [Mr.] Schwartz and his associates tackle these issues head-on, with an eye toward terminating both the nature of the problem and the various modes of retaliation that targets of discrimination have available to them. [Mr.] Schwartz also discusses the legislative amendments and innovations that have arisen in conjunction with the downturn. ‘This is an opportunity for people to understand how the law affects all of their lives,’ says [Mr.] Schwartz. ‘Employment law is unique in that it addresses what all of us do...which is to work! An interesting question is, with this terrible economic crisis...how did the law help? What did the law do? And I think it’s amazing...it handled everything magnificently!’"
It was a splendid evening shared by the comradery of the faculty members, which was thoroughly enjoyed by all of those in attendance.
MURRAY SCHWARTZ WAS INVITED BY CARDOZO SCHOOL OF LAW TO ADDRESS CARDOZO LAW STUDENTS WITH RESPECT TO CAREER OPTIONS AVAILABLE TO CARDOZO GRADUATES.
On October 22, 2009, Murray Schwartz appeared at Cardozo School of Law as a member of a Panel selected by Cardozo Law School to address essentially third year Cardozo law students on the subject of career affairs. One of our associates, Stephen Pallonetti, a graduate of Cardozo School of Law who attended the conference was invited to speak, as well.
The primary thrust of Mr. Schwartz’s comments was to urge the students to seriously consider their own strengths and desires in selecting the field of law in which they wished to pursue their legal career. If, as an example, a student enjoyed debating, presenting arguments, attempting to persuade others to his or her position then, those factors might be considered, as well as others in the selection process. On the other hand, a more reserved student, who is more interested in research, writing and practicing their profession in a more withdrawn fashion might consider that fact, as well. In effect, a student should responsibly and seriously consider the field of law they might wish to pursue. To obtain the greatest fulfillment from the practice of law is to perform in a field that is most compatible with the individual’s personality and characteristics. In effect, what Mr. Schwartz’s was proposing was that the personality of the student should play a role in the field of law that he or she pursues.
MURRAY SCHWARTZ AND DAVIDA PERRY NAMED TO 2009 NEW YORK SUPER LAWYERS LIST
Additionally, there was an interview conducted by Super Lawyers with Mr. Schwartz which was printed in the New York Super Lawyers Magazine which is sent to attorneys and law libraries. Super Lawyers announced that only five percent of New York metro attorneys have been named to the list. The selection process is based on peer nominations, blue ribbon panel review, and independent research.
The list will appear in New York Super Lawyers - Metro Edition and seen by more than one million readers and subscribers in a special advertising supplement to the New York Times Magazine on Sunday, October 4, 2009 as well as in New York Super Lawyers Magazine, mailed to all active New York Metro attorneys and to the ABA-approved law school libraries. Super Lawyers is seen bu more than 13 million readers across the nation. Mr. Schwartz and Ms. Perry are both delighted at this honor.
SCHWARTZ & PERRY'S FALL 2009 LEGAL INTERNSHIP PROGRAM COMMENCES
The Fall 2009 interns who are joining us are from law schools throughout the New York Metropolitan area (Benjamin N. Cardozo School of Law, Brooklyn Law School, Fordham University School of Law, Hofstra University School of Law, New York Law School, Pace Law School, and Touro Law Center).
We fully expect the students to have a truly rewarding and enriching experience that allows them to complement their academic course-work with hands-on practice under our supervision in this exciting field of law.
SCHWARTZ & PERRY'S SUMMER 2009 LEGAL INTERNSHIP PROGRAM CONCLUDES SUCCESSFULLY
During the course of the program, our interns participated in mediation proceedings, depositions, interviews and meetings with clients, in-depth legal research, participating in summary judgment motions, involvement in on-going litigation that involved motions and other relevant matters, attended oral arguments, participated in preparation of material that would be involved in litigation, and/or arbitrations, viewed negotiation proceedings, viewed the process involved in deciding upon the viability of a potential claim, prepared memoranda of law, assisted in the drafting of complaints, participated in the production and exchange of documents, participated in contact with clients, were present in court during court procedures, and performed other tasks related to an active practice as it is conducted in the employment field.
The 2009 Summer Program took on the form of the programs we conducted in the past several years. Initially, the program covered eight weeks, with only one session conducted throughout the entire summer. Since we could not accommodate anywhere near the amount of potential law interns that apply, we modified the program by conducting two six-week programs so that we can now accommodate approximately 25 students during the summer, rather than the twelve or thirteen we accommodated previously. In this manner, the entire summer was used to make available law internships for approximately 25 students, most of whom, were entering their third year of law school. As in past years, our interns were students at approximately nine different law schools in the metropolitan New York, New Jersey, and upstate areas. Students this past year were from Benjamin N. Cardozo School of Law, Brooklyn Law School, Fordham University School of Law, Hofstra University School of Law, New York Law School, Pace Law School, Seton Hall University School of Law and Touro Law Center.
Since school has started we have now embarked upon our fall/winter program and presently have eleven law students from eight different law schools. As you might imagine, our law internship program has been the source of significant pleasure for all of our lawyers and we are delighted to report for our interns, as well.
SCHWARTZ & PERRY PARTNERS AND ASSOCIATES PARTICIPATE IN EMPLOYMENT DISCRIMINATION ROUNDTABLE AT LAWLINE
Our attorneys acted as a panel to whom the Narrator from Lawline presented questions that related to certain issues that exist in the workplace at this time. All of the questions asked were timely in nature and the responses represented, therefore, present thinking on these significant issues.
The representatives of Lawline were pleased with the program and indicated that it might very well be the type of program that will again be conducted in the future so that a process can exist to respond to issues that are relevant and meaningful.
The discussion were very lively and touched upon those aspects of employment law that the panelists believed were highly significant. Schwartz & Perry was delighted to participate in the program and looks forward to doing so in the future, as well.
On July 16, 2009 Murray Schwartz will participate in a lecture entitled, “An Introduction to Employment Law: The Most Exciting Field in the Law!”for a "Bridge the Gap" series sponsored by the New York City Bar Association. Topics covered included the recent changes in employment law, the purpose of employment discrimination statutes and an overview of how to effectively commence an employment discrimination claim.
"Bridge the Gap" continuing legal education (CLE) programs sponsored by NYCBA are an opportunity for newly admitted attorneys and law school graduates to satisfy their first- or second-year of mandatory CLE credits. The program provides an opportunity for newly admitted attorneys to learn the basics from the best of New York’s leading practitioners, judges and scholars.
Mr. Schwartz serves as a member of the NYCBA faculty by writing and lecturing extensively on the topic of employment law.
MURRAY SCHWARTZ TO LECTURE AT BRIDGE THE GAP PROGRAM SPONSORED BY NYCLA ON JULY 10, 2009
On July 10, 2009 Murray Schwartz will participate in a lecture entitled, “An Introduction to Employment Law” for a "Bridge the Gap" series sponsored by the New York County Lawyers’ Association. Topics covered included the recent changes in employment law, the purpose of employment discrimination statutes and an overview of how to effectively commence an employment discrimination claim.
"Bridge the Gap" continuing legal education (CLE) programs sponsored by NYCLA are an opportunity for newly admitted attorneys and law school graduates to satisfy their first- or second-year of mandatory CLE credits. The program provides an opportunity for newly admitted attorneys to learn the basics from the best of New York’s leading practitioners, judges and scholars.
Mr. Schwartz serves as a member of the NYCLA faculty by writing and lecturing extensively on the topic of employment law. Mr. Schwartz has appeared as a panelist at symposiums sponsored by NYCLA.
SCHWARTZ & PERRY SUCCESSFULLY DEFENDS AGAINST A MOTION FOR SUMMARY JUDGMENT REGARDING A PERCEIVED DISABILITY AND RETALIATION CLAIM
We are pleased to announce that on July 9, 2009, the New York County Supreme Court denied summary judgment in a perceived disability and retaliation case called Smallen v. New York University. In this case, where the plaintiff alleged that her supervisor made disparaging remarks about her after she was diagnosed with breast cancer and then demoted her, the case should be heard by a jury. We are delighted that our efforts on behalf of our client assisted in making that possible.
SCHWARTZ & PERRY COMMENCES ITS SUMMER LAW INTERNSHIP PROGRAM
We are pleased to report that our Summer Law Internship program began its first session on May 26, 2009. This session, we are joined by twelve eager law students entering their third year from the following law schools: Fordham, Cardozo, New York, Brooklyn, St. John’s and Seton Hall. Under the supervision of our Partners and Associates, the students are engaged in a hands-on experience involving all aspects of employment law litigation. The Summer Law Internship Program is a highlight of the year for us, and we expect a productive and rewarding experience for our students.