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Murray Schwartz

Managing Partner
mschwartz@schwartzandperry.com
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Phone: 212.889.6565
Fax: 212.779.8208

295 Madison Avenue
New York, New York 10017

Murray Schwartz has been actively and continuously practicing law since 1949. Throughout his 60 years of practice, Mr. Schwartz has been involved in several areas of law, but always with an emphasis on litigation. More than 20 years ago, he commenced directing and focusing the firm toward representing victims of employment discrimination in all its forms, including other matters relating to employment law. Mr. Schwartz’s dedication to this ideal has resulted in a successful and expanding plaintiffs’ side employment law practice in which his daughter, Davida S. Perry, joined him in 1991. The firm has grown continuously since that time.

From the beginning, Mr. Schwartz has been involved in a number of first impression cases which have had a lasting influence on employment law in New York. The most notable are three landmark sexual harassment cases - Bracker v. Cohen, Thoreson v. Penthouse Magazine and Robert Guccione and McIntyre v. Manhattan Ford, Lincoln Mercury.

In 1991, the City of New York enacted a Human Rights Law authorizing a private cause of judicial action for victims of employment discrimination. The New York City law was challenged in Bracker v. Cohen, the first case brought under the law. Mr. Schwartz represented the plaintiff in oral argument, during which the defendant sought to nullify the law. When Mr. Schwartz argued the validity of the law, he was requested by the City of New York to argue on its behalf, as well. Bracker v. Cohen was a case of first impression which confirmed the validity and constitutionality of the New York City Human Rights Law, and as a result, a multitude of cases have been instituted under that law. The city law permits punitive damages and attorneys’ fees and is not subject to a cap in damages.

Mr. Schwartz is widely recognized as the lead trial and appellate attorney who represented the plaintiff throughout the trial in the Appellate Division, and thereafter in the Court of Appeals of New York, in the landmark case of Thoreson v. Penthouse Magazine and Robert Guccione. In Thoreson, the finding of sexual harassment was sustained on appeal by both the Appellate Division and the Court of Appeals, which held that a claim of sexual harassment can be established based on the victim’s testimony alone.

Mr. Schwartz also represented and served as the lead trial attorney for the plaintiff in McIntyre v. Manhattan Ford, Lincoln Mercury, a sexual harassment, retaliation and intentional infliction of emotional distress suit. A Manhattan jury awarded the plaintiff $6.6 million, which, even after being reduced by the trial court and then by the appellate court, still stands as one of the highest awards for sexual harassment in the entire nation. The case, after trial, continued through the appellate process involving the Appellate Division and the Court of Appeals and was concluded, with judgment paid, in 1999.

The McIntyre case continues to be cited and is significant because it helped to document a standard by which to evaluate a fair recovery for the humiliation a victim of sexual harassment can suffer. The decision of the trial court in response to a motion made following the verdict, quoting the Talmud, reminds us that "humiliation murders the soul." The plaintiff in McIntyre, as well as Mr. Schwartz and Davida S. Perry, were celebrated at a ceremony for Courageous Plaintiffs conducted by the New York Chapter of the National Employment Lawyers Association.

The legislative history of the New York City Human Rights Law "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." In 2005, The New York City Council recognized that the New York City Human Rights Law was being interpreted similarly to comparable state and federal statutes in certain cases, despite the City Law’s clear mandate otherwise. In October 2005, the New York City Council enacted The Local Civil Rights Restoration Act of 2005 which stated that the federal law "should merely serve as a base for the New York City Human Rights Law, not its ceiling."

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. Since the action was 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, interest and attorneys’ fees, the amount of the final judgment paid totaled nearly $4 million. This case was tried by Murray Schwartz as the lead attorney. Davida Perry and Brian Heller also actively participated, with Mr. Schwartz, throughout the entire trial.

In addition to still actively practicing law, Mr. Schwartz frequently serves as a consultant for attorneys in the field of employment law across the country. He has written and lectured extensively and has also appeared as a panelist at symposiums sponsored by the New York County Lawyers’ Association, the Association of the Bar of the City of New York, the New York State Bar Association, the National Employment Lawyers Association (NELA), as well as the New York Chapter of NELA, the Practising Law Institute, St. John’s University and also Syracuse University College of Law.

Mr. Schwartz serves as a member of the Lawline.com faculty, which provides Continuing Legal Education for attorneys in various fields of law. Mr. Schwartz also frequently presents lectures which appear online. In addition, Mr. Schwartz has also lectured at the Marino Institute for Continuing Legal Education.

Mr. Schwartz has appeared on Fox TV and local news networks, as well as Court TV and talk shows such as Larry King Live. Additionally, Mr. Schwartz is frequently called upon by major New York newspapers to comment on employment law issues. Additionally, Mr. Schwartz served as a Pro Se attorney by designation of the United States District Court for the Southern District of New York.

More than 10 years ago, under the direction of Mr. Schwartz, the firm developed a Summer legal internship program initially at the request of the Benjamin N. Cardozo School of Law. The initial programs were so successful that the firm initiated on-going legal internship programs throughout the academic year as well. In 2008, Schwartz & Perry LLP trained 24 students from nine law schools in the New York and New Jersey areas. In 2009, the firm is continuing to expand its legal internship program, which is already well underway.

Martindale-Hubbell AV Rating with Preeminence

Murray Schwartz is rated "AV" with preeminence by Martindale-Hubbell, one of the oldest rating authorities worldwide. The "A" represents the highest level of legal ability, and the "V" indicates "Very High" adherence to the Professional Code of Responsibility in conduct, ethics and diligence. According to Martindale.com, the AV rating is a significant accomplishment - a testament to the fact that Mr. Schwartz’s peers rank him at the highest level of professional excellence. Mr. Schwartz has enjoyed this rating since 1998. Martindale-Hubbell arrives at its attorney ratings as the result of confidential peer review that is based on opinions of practicing lawyers and members of the judiciary. The 140-year-old organization also has an online database containing listings for over one million lawyers and firms in the United States, Canada and 160 countries worldwide.

New York Super Lawyers

Mr. Schwartz was honored to be placed on the "Super Lawyer" list in the New York, Metro Edition of New York Magazine in 2007, 2008 and 2009. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the American Bar Association-approved law school libraries.

Million Dollar Advocates Forum

Murray Schwartz is a member of The Million Dollar Advocates Forum, an association of top trial attorneys. Membership is limited to lawyers who have won verdicts or settlements of one million dollars, or more. Over 3,000 members throughout the U.S., Canada and England belong to the Forum, and only about 200 of these lawyers are from the state of New York. Less than 1% of U.S. lawyers are members of the Million Dollar Advocates Forum. The Forum’s members share the achievement of having obtained significant results in litigation.

Education

Master of Laws, New York University School of Law, 1953

J.D., Brooklyn Law School, 1949

Jurisdictions Admitted to Practice

State of New York, 1949
U.S. District Court, Southern District of New York, 1949
U.S. District Court, Eastern District of New York, 1957
U.S. Supreme Court, 1999
U.S. Court of Appeals, Second Circuit, 2002

Professional & Bar Association Memberships

New York County Lawyers' Association
Member Since: 1949
Sustaining Member

New York State Trial Lawyers Association
Member Since: 1949

American Association for Justice
Member Since: 1966
Member, Employment Rights Section

New York State Bar Association (Labor and Employment Law Section)
Member Since: 1976

Mensa
Member Since: 1983

National Employment Lawyers Association / New York Affiliate (NELA/NY)
Member Since: 1996
Former Chairperson, Sexual Harassment Committee; Former Co-Chairperson, Chairpersons Committee

Honors & Awards

  • "AV" Rating with Preeminence from Martindale-Hubbell (since 1998)
  • Selected and Honored with placement on the New York "Super Lawyer" list (2007 & 2008)
  • Million Dollar Advocates Forum (since 2008)
  • Honored by the National Employment Lawyers Association at its celebration in honor of "Courageous Plaintiffs Who Fought Back" (1999)
  • Recipient, Certificate of Appreciation for Support of 1999/2000 CLE Program, New York County Lawyers' Association (2000)
  • Recipient, Sustaining Member Certificate, New York County Lawyers' Association (1999)
  • New York State Trial Lawyers Association (1953); Elected as Associate Trial Advocate in recognition of demonstrated ability as a trial lawyer in the New York courts 
  • Law Research Service, Inc. Certificate of Recognition for having been one of the first attorneys in the U.S. to adopt the modern methods of electronic computer technology to the tasks of legal research

Publications & Lectures

Lecturer - Association of the Bar of the City of New York (NYCBA)

Lecturer - New York County Lawyers’ Association (NYCLA)

Lecturer - New York State Bar Association (NYSBA)

Lecturer - National Employment Lawyers’ Association (NELA) and NELA/NY

Lecturer - Practising Law Institute (PLI)

Lecturer - Marino Institute for Continuing Legal Education (MICLE)

Lecturer - Lawline.com (a licensed CLE provider)

  • March 25, 2009 - "Employment Discrimination: A Critical Look at Key Issues from Both Sides," New York County Lawyers' Association
  • March 19, 2009 - "Sexual Orientation: Unique Issues in Diversity and Inclusion," Human Resources Association of New York
  • December 6, 2008 - "Employment Discrimination in the Workplace: How to Handle and Negotiate an Employment Discrimination Case," Marino Institute for Continuing Legal Education
  • December 5, 2008 - "How to Effectively Commence an Employment Discrimination Claim," New York County Lawyers’ Association
  • November 13, 2008 - "The Irony of Age Discrimination in an Aging Workforce," Human Resources Association of New York
  • October 6, 2008 - "The Great Employment Debate - Are Age Discrimination Laws Necessary?" New York County Lawyers’ Association
  • August 12, 2008 - "Investigating Liability & Assessing Damages in Employment Law Claims: Identifying Methods that Have Proven Successful in Negotiating Such Claims," New York City Bar Association
  • August 7, 2008 - "How to Effectively Commence an Employment Discrimination Claim," New York County Lawyers’ Association
  • May 20, 2008 - "Employment Law: From the Initial Interview Through the Negotiations," New York City Bar Association
  • May 1, 2008 - "How to Effectively Commence an Employment Discrimination Claim," New York County Lawyers’ Association
  • April 5, 2008 - "An Introduction to Employment Law," Marino Institute for Continuing Legal Education
  • November 28, 2007 - "How to Handle and Negotiate Your First Employment Discrimination Case," New York City Bar Association
  • November 9, 2007 - "How to Handle and Negotiate Your First Employment Discrimination Case," New York County Lawyers’ Association
  • November 7, 2007 - "Does the Free Market Discourage Discrimination? Are Employment Discrimination Laws Effective and Necessary?" Brooklyn Law School
  • October 27, 2007 - "No Regrets: How to Make Successful Choices During the Case Selection Process and Significantly Related Matters," New York County Lawyers’ Association
  • October 19, 2007 - "Some Comments on Summation That May Prove Helpful," NELA/NY Fall Conference
  • September 15, 2007 - "Getting the Most Out of Your Case," Marino Institute for Continuing Legal Education
  • August 29, 2007 - "The Beginnings of Employment Law," Lawline.com
  • July 20, 2007 - "How to Handle and Negotiate Your First Employment Discrimination Case," New York County Lawyers’ Association
  • February 15, 2007 - "Getting the Most Out of Your Case," Marino Institute for Continuing Legal Education
  • February 12, 2007 - "Lunch with a Legend – Employment Law and Litigation," Benjamin N. Cardozo School of Law: Labor and Employment Society
  • December 10, 2006 - "Trial Strategies That Work," Marino Institute for Continuing Legal Education
  • September 16, 2006 - "How to Handle and Negotiate Your First Employment Discrimination Case," Lawline.com
  • September 6, 2006 - "Age Discrimination," Lawline.com
  • June 22-25, 2005 - "We the People: Reclaiming the Justice System," National Employment Lawyers Association Sixteenth Annual Convention
  • March 11-12, 2005 - "Litigating Harassment Claims: Strategies for Success - Counseling and Case Selection," National Employment Lawyers Association Convention 
  • June 2002 - "Sexual Harassment in the New Millennium," NELA, Thirteenth Annual Convention
  • November 2, 2001 - "Trial Strategies That Could Work," NELA/NY, Fall Conference
  • March 15-16, 2001 - "Wrongful Termination Claims: What Plaintiffs and Defendants Have to Know - Claims for Damages to an Employee's Reputation and Opportunities," Practising Law Institute Conference
  • November 27, 2000 - "Interrogatories, Requests to Produce, Requests to Admit - What You Really Need and What You Are Allowed To Do," Practising Law Institute Conference
  • March 21, 2000 - "Current Issues in Employment Law: Litigation and Settlement of Employment Discrimination Claims," New York County Lawyers' Association
  • March 9-10, 2000 - "Wrongful Termination Claims: What Plaintiffs and Defendants Have to Know - Claims for Damages to an Employee's Reputation and Opportunities," Practising Law Institute Conference
  • November 30, 1999 - "Interrogatories, Requests for Admissions and Requests for Documents in Employment Discrimination Cases," Practising Law Institute Conference
  • November 30,1999 - "How to Handle Your First Employment Discrimination Case," Practising Law Institute Conference 
  • June 30-July 3, 1999 - "Effective Cross-Examination Techniques," NELA Tenth Annual Convention
  • June 11, 1999 - "Comments Regarding the Trial Judge and the Difficult Adversary," New York State Trial Lawyers Association Program
  • March 1-2, 1999 - "Wrongful Termination Claims: What Plaintiffs and Defendants Have to Know - Claims for Damages to an Employee's Reputation and Opportunities," Practising Law Institute Conference
  • December 1, 1998 - "Handling Your First Employment Discrimination Case for the Plaintiff," Practising Law Institute
  • May 18-20, 1998 - "Trial Motions: Advantages and Considerations," Third Annual Employment Law Litigation Institute of the New York State Bar Association Section on Labor and Employment Law
  • April 24, 1998 - "Counsel's Investigation and Retainer Agreements," NELA/NY Spring Conference
  • March 5-6, 1998 - "Wrongful Termination Claims: What Plaintiffs and Defendants Have to Know - Claims for Damages to an Employee's Reputation and Opportunities," Practising Law Institute Conference
  • May 16-17, 1997 - "Strategies for Settlement," Second Annual Employment Law Litigation Institute of the New York State Bar Association Section on Labor and Employment Law
  • June 1995 - "Sexual Harassment: Need It Be A Way of Life?" Marina International Women’s Magazine
  • August 8, 1994 - "Binding Arbitration May Weaken Worker’s Rights," National Law Journal