Murray Schwartz
Managing PartnerDownload VCard
Phone: 212.889.6565
Fax: 212.779.8208
295 Madison Avenue
New York, New York 10017
Mr. Schwartz has been practicing law for 59 years and holds the distinction of receiving an “AV” rating with preeminence from Martindale-Hubbell. An “AV” rating by Martindale-Hubbell, the most prestigious attorney rating organization, is a privileged distinction which is treasured by Mr. Schwartz and our law firm.
Throughout his years of practice, Mr. Schwartz has been involved in several areas of law, always with an emphasis on litigation. About twenty years ago, he commenced directing and focusing the firm towards representing victims of employment discrimination in all its forms, including almost exclusively sexual harassment, gender, age, race, disability and other forms of discrimination and related fields of employment law. Mr. Schwartz’s dedication to this ideal has resulted in a successful and expanding employment law practice, in which his daughter, Davida S. Perry, joined initially as an associate in 1991, and then as a partner in 1994. Brian Heller was named as a Partner in 2007. Together they employ associate attorneys, law interns, and an administrative and clerical staff – the growth of the firm continues, without interruption.
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. The verdict was in the amount of $2.5 million, of which $300,000 was an award of punitive damages. The verdict was based upon a retaliation claim arising from plaintiff’s allegation of 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, the amount of the final judgment that was entered and paid totaled almost $4 million. The case was tried by Murray Schwartz, together with his daughter/partner, Davida S. Perry, along with their then-Senior Associate, Brian Heller, who is now a Partner with the firm.
Mr. Schwartz was involved in a number of first impression cases which have also had a lasting influence on employment law in New York. He is widely recognized as the lead trial and appellate attorney who represented the plaintiff throughout the trial and through argument 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, a sexual harassment case of first impression, which has been cited repeatedly. In Thoreson, the finding of sexual harassment was sustained on appeal by both the Appellate Division and the Court of Appeals, which set a significant precedent that a claim of sexual harassment can be established based on the victim’s testimony alone. This case was ultimately argued by Mr. Schwartz in the New York State Court of Appeals after it was argued by him, in the Appellate Division, as well.
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 New York City law and in which Mr. Schwartz represented the plaintiff. Mr. Schwartz successfully argued at both the trial court and the appellate level on behalf of the law’s constitutionality. He argued on behalf of the plaintiff, who was represented by Mr. Schwartz’s firm, as well as on behalf of the City of New York which enacted the Human Rights Law. His position was upheld in both courts and as a result, New York City has had the benefits of an effective New York City Human Rights Law, since it was first enacted in 1991.
Bracker v. Cohen was, therefore, also a case of first impression, and confirmed the validity and constitutionality of the New York City Human Rights Law, as a result of which more than a thousand 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. It therefore provides as much protection to a victim of employment discrimination as any law in the United States. Schwartz & Perry is gratified by its participation in achieving that result.
Mr. Schwartz also represented and served as lead trial attorney for the plaintiff in McIntyre v. Manhattan Ford, Lincoln Mercury, a suit for sexual harassment, retaliation and intentional infliction of emotional distress. A Manhattan jury awarded the plaintiff $6.6 million dollars, 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 not only in New York State, but the entire nation. The case, after trial, continued through the appellate process involving the Appellate Division and the Court of Appeals and was concluded and the judgment paid in 1999.
The McIntyre case continues to be cited and is significant and beneficial because it helped to document a standard by which to evaluate a fair standard of 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 the McIntyre case, as well as Mr. Schwartz and his daughter, Davida S. Perry, were all celebrated at a ceremony for Courageous Plaintiffs, conducted by the New York chapter of the National Employment Lawyers Association (NELA/NY).
The trilogy of cases -Thoreson, Bracker and McIntyre- are still cited and relied upon by attorneys representing victims of discrimination, particularly sexual harassment. Our firm is proud of these cases because they helped victims of sexual harassment and all forms of employment discrimination to seek and obtain just and fair recoveries.
Mr. Schwartz also serves as a consultant for attorneys in the field of employment law. He frequently and regularly speaks at conferences attended by attorneys practicing in the field of employment law and has done so throughout the United States. He has appeared as a panelist at symposiums sponsored by both St. John’s University, the New York State Bar Association, the New York County Lawyers’ Association, the Practising Law Institute, the National Employment Lawyers Association, as well as the New York chapter of NELA.
Mr. Schwartz serves as a member of the “Lawline.com” faculty, which provides continuing legal education for attorneys in various fields of law.
In addition, Mr. Schwartz presents lectures which appear online for through the Marino Institute for Continuing Legal Education (MICLE) for attorneys seeking to fulfil their legal education requirements.
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 has been interviewed by major New York newspapers in which his comments regarding employment law issues were published.
Additionally, Mr. Schwartz also served as a Pro Se attorney by designation of the United States District Court for the Southern District of New York. Mr. Schwartz was also selected as a scoring judge for a moot court trial for the New York Regional Student Trial Advocacy Competition sponsored by the Association of Trial Lawyers of America. He has done this regularly and as recently as this year. He also serves as a judge in the moot court competition of New York Law School and has also participated in this as recently as March 2008.
Education
Master of Laws, New York University School of Law, 1953
J.D., Brooklyn Law School, 1949
Jurisdictions Admitted to Practice
New York State - First Department, 1949U.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
Since 1949; Sustaining Member
New York State Trial Lawyers Association
Since 1949
American Association for Justice, formerly The Association of Trial Lawyers of America
Since 1966; Member, Employment Rights Section
National Employment Lawyers Association
Former Chairperson, Sexual Harassment Committee; Former Co-Chairperson, Chairpersons Committee
National Employment Lawyers Association / New York affiliate (NELA/NY)
American Arbitration Association (Panel of Arbitrators)
New York State Bar Association (Labor and Employment Law Section)
Mensa
Professional Rating
Honors & Awards
"AV" Rating from Martindale-Hubbell with Preeminence, annually for each of the past 10 years
Selected and honored as a "Super Lawyer" - New York, Metro Edition, 2007: Circulated the The New York Times Magazine section dated Sept. 23, 2007, to over 1.6 million readers
Honored by the National Employment Lawyers Association at its celebration in honor of "Courageous Plaintiffs Who Fought Back," 1999
New York County Lawyers' Association (NYCLA), 2000, Certificate of Appreciation for Support of 1999/2000 CLE program
New York County Lawyers' Association (NYCLA), 1999, Recipient, Sustaining Member Certificate.
New York State Association of Plaintiff's Trial Lawyers (Now known as the New York State Trial Lawyers Association), 1953. Elected as Associate Trial Advocate in recognition of demonstrated ability as a trial lawyer in the courts of New York.
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
On the Program Faculty of:
New York County Lawyers' Association (NYCLA), 2007
Association of the Bar of the City of New York (New York City Bar), 2007
New York State Bar Association (NYSBA), 1997
Lawline.com, 2007
Marino Institute for Continuing Legal Education (MICLE), 2006, 2007
Seminars Taught, Lectures Presented & Articles Published
- April 5, 2008 - Marino Institute for Continuing Legal Education (MICLE) - “Employment Discrimination in the Workplace: How to Handle and Negotiate An Employment Discrimination Case”
- May 1, 2008 - New York County Lawyers Association - “Employment Law: From the Initial Interview Through the Negotiations”
- May 20, 2008 - New York City Bar Association - “Employment Law: From the Initial Interview Through the Negotiations”
- Lecturer, Association of the Bar of the City of New York (New York City Bar), 2007 and 2008
- Lecturer, New York County Lawyers' Association (NYCLA), 2007 and 2008
- Lecturer, Marino Institute for Continuing Legal Education (MICLE), 2007 and 2008
- Trial Strategies That Work, Marino Institute for Continuing Legal Education, December 2006
- Sexual Harassment Mock Trial Participant, NELA/NY Fall Conference 2007
- How to Handle Your First Employment Discrimination Case, Marino Institute for Continuing Legal Education, September 2006
- Age Discrimination in the Workplace, Lawline.com, September 2006
- Litigation and Settlement of Employment Discrimination Claim, www.lawline.com
- Current Issues in Employment Law, New York County Lawyers’ Association
- Wrongful Termination Claims, “What Plaintiffs and Defendants Have to Know: Claims for Damages to Employee’s Reputation and Opportunities”, Practising Law Institute Conference
- How to Handle Your First Employment Discrimination Case, Practising Law Institute Conference
- Tenth Annual Convention, National Employment Lawyers Association
- Litigating and Settling a Sexual Harassment Case, Lawline
- NELA/NY Program, New York State Trial Lawyers Association, Spring Conference, NELA/NY
- Second Annual Employment Law Litigation Institute, New York State Bar Association, Section on Labor and Employment
- Debate Participant, Employment Law, Brooklyn Law School
- Symposium Panelist, St. John’s University
- Symposium Panelist, New York State Bar Association
- Symposium Panelist, New York County Lawyers Association
- Symposium Panelist, Practising Law Institute
- Symposium Panelist, National Employment Lawyers Association, New York Chapter
Continuing Legal Education (CLE) Lectures Taught at the following Bar Associations and Accredited CLE Providers:
New York County Lawyers' Association (NYCLA)
Association of the Bar of the City of New York (New York City Bar)
New York State Bar Association (NYSBA)
National Employment Lawyers Association (NELA)
National Employment Lawyers Association / New York affiliate (NELA/NY)
Lawline.com
Marino Institute for Continuing Legal Education (MICLE)
Lectures Presented which were Sponsored by Various Bar & Professional Associations:
New York County Lawyers' Association (NYCLA)
Association of the Bar of the City of New York (New York City Bar)
National Employment Lawyers Association (NELA)
National Employment Lawyers Association / New York affiliate (NELA/NY)
New York State Bar Association (NYSBA)
New York State Trial Lawyers Association (NYSTLA)
Moot Court Participation:
American Association for Justice (f/k/a Association of Trial Lawyers of America)
New York Law School (Wagner Labor & Employment Law Moot Court Competition; Froessel Competition)