Picture of Davida S. Perry

Davida S. Perry

Partner
dperry@schwartzandperry.com
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Phone: 212.889.6565
Fax: 212.779.8208

295 Madison Avenue
New York, New York 10017

Davida S. Perry has been a civil litigator since 1986 and holds the distinction of an "AV" rating with Preeminence from Martindale-Hubbell. In 1994, Ms. Perry and her father, Murray Schwartz, created the partnership of Schwartz & Perry LLP. Since the firm's inception, Ms. Perry has devoted her efforts almost exclusively toward representing victims of unlawful employment discrimination, including age, disability, gender, race, sexual orientation and pregnancy discrimination as well as sexual harassment.

Ms. Perry worked alongside her father in the landmark sexual harassment 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 set a significant precedent that a claim of sexual harassment can be established based on the victim's testimony alone. Ms. Perry assisted in the briefing and argument of both appeals.

In 1991, the City of New York enacted its own 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, a sexual harassment case in which Schwartz & Perry LLP represented the plaintiff. Ms. Perry was significantly involved in responding to the challenge to the law, which was ultimately found to be constitutional. As a result, a multitude of cases have been instituted under that law.

Notably, Ms. Perry served as Second Chair during the trial of McIntyre v. Manhattan Ford, 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 and was concluded, with the judgment paid, in 1999. Ms. Perry participated in all aspects of the appeal. The plaintiff in McIntyre, as well as Ms. Perry and her father, were celebrated at a ceremony for Courageous Plaintiffs conducted by the New York chapter of the National Employment Lawyers 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. 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 and interest, the amount of the final judgment paid totaled nearly $4 million. Ms. Perry had an active role throughout the case.

Ms. Perry has co-authored numerous articles and publications for programs sponsored by the New York State Bar Association, the National Employment Lawyers Association and the Practising Law Institute.

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. In 2011, Schwartz & Perry LLP was joined by over 25 students from nine law schools in the New York and New Jersey areas. Ms. Perry takes an active role in mentoring future lawyers through the firm’s legal internship program

Martindale-Hubbell AV Rating with Preeminence

Davida S. Perry 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 Ms. Perry's peers rank her at the highest level of professional excellence.  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

Ms. Perry was honored to be named to the New York - Metro Area "Super Lawyers" list published in The New York Times Magazine in 2009, 2010 and 2011. 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.

Education

J.D., New England School of Law, 1985
cum laude

B.A., Skidmore College, 1982
highest honors

Jurisdictions Admitted to Practice

New York, 1986
Massachusetts, 1986
U.S. District Court, Eastern and Southern Districts of New York, 1992
U.S. District Court, District of Massachusetts, 1996
U.S. Supreme Court, 1999
U.S. Court of Appeals, Second Circuit, 2002

Professional & Bar Association Memberships

New York State Bar Association
Member Since: 1999

National Association of Women Lawyers
Member Since: 2009

Honors & Awards

  • "AV" rating from Martindale-Hubbell with Preeminence (since 2003)
  • Honored by the National Employment Lawyers Association at its celebration in honor of "Courageous Plaintiffs Who Fought Back" (1999)
  • Recipient of the American Jurisprudence Award for Excellence in Constitutional Law (1984)

Publications

  • 2002 - "Sexual Harassment in the New Millennium: The Impact of Faragher and Ellerth," National Employment Lawyers Association Publication (Co-Author)
  • 1999 - "How to Handle Your First Employment Discrimination Case," Practising Law Institute Publication (Co-Author) 
  • May 18-20, 1998 - "Trial Motions: Advantages and Considerations," Third Annual Employment Law Litigation Institute, New York State Bar Association Publication, Section on Labor and Employment Law (Co-Author)
  • April 24, 1998 - "Counsel's Investigation and Retainer Agreements," National Employment Lawyers Association Publication (Co-Author)
  • March 5-6, 1998 - "Claims for Damage to an Employee's Reputation and Future Employment Opportunities," Practising Law Institute Publication (Co-Author)
  • May 16-17, 1997 - "Strategies for Settlement," Second Annual Employment Law Litigation Institute, New York State Bar Association Publication, Section on Labor and Employment Law (Co-Author)