Attorney Brian Heller

Click here to read a personal interview with Brian Heller.

Brian Heller is a partner of the firm, Schwartz Perry & Heller LLP.

One of the preeminent trial lawyers in employment law and workplace rights in and around New York City, Mr. Heller has been first chair in multiple seven-figure verdicts on behalf of his clients and has handled matters addressing all aspects of employment law including discrimination, sexual harassment, fraudulent inducement, contractual disputes, stock options and benefits, and workplace torts.

In 2017, the Appellate court affirmed a total award of $1.55 million following a 6-week jury trial that he first-chaired in a sexual harassment and retaliation case. In 2015, Mr. Heller secured his client’s right to bring a sexual harassment and retaliation claim in another appellate court victory. In 2013, Mr. Heller argued before the Court of Appeals for the Second Circuit in a landmark victory that reinforced the broad protections of the New York City Human Rights Law for victims of employment discrimination. Mr. Heller testified before the New York City Counsel on a proposed amendment to expand employee rights under the New York City Human Rights Law, which was ultimately successful.

In addition to his established litigation track record, Mr. Heller negotiates severance agreements, employment contracts, non-compete and confidentiality agreements, and counsels employees who are subjected to discrimination in the workplace. He has been with Schwartz Perry & Heller since his graduation from Fordham Law School in 2001. He was made a partner of the firm in 2007 and a named partner in 2016.

Mr. Heller is frequently quoted in national and local newspapers and has appeared on various television news programs in New York City. He is a member of the Bar Association of the City of New York, where he serves on the Employment Law Committee and volunteers with the Monday Night Law program, providing pro bono legal assistance to the community. He is also a member of the National Employment Lawyers Association of New York and the New York State Trial Association. He actively lectures and publishes articles on the field of employment law for programs sponsored by the New York County Lawyers' Association, National Employment Lawyers Association, Lawline, and the Marino Institute for Continuing Legal Education, where he prepares students for the employment law portion of the bar exam required by various states.

During law school, Mr. Heller served on the Fordham Urban Law Journal and as a mediator in the Bronx Small Claims Court. He is a Phi Beta Kappa graduate of Pennsylvania State University.

“Most people feel they have no say in the workplace,” he says. “They feel that it’s best to stay silent and hope the boss leaves them alone. We help give people a voice to fight back.”

Education

• J.D., Fordham University School of Law, 2001
• B.A., with Distinction, Pennsylvania State University, 1998
• Phi Beta Kappa

Jurisdictions Admitted to Practice

• New York, 2002
• U.S. District Court, Southern District of New York, 2002
• U.S. District Court, Eastern District of New York, 2002
• U.S. Court of Appeals, Second Circuit, 2008
• United States Supreme Court, 2018

Honors & Awards

• Super Lawyers, New York Metro Area (2012-2021)
• Super Lawyers, New York Metro Area — Rising Star (2012)
• Archibald M. Murray Award for Public Service (2000)

Publications & Lectures

• “Diversity, Inclusion and the Elimination of Bias” National Law Institute (Co-Presenter, August 10, 2018)
• “Harassment in the Workplace 20 Years After Faragher,” Thompson-Reuters Expert Analysis (Co-Author, February 28, 2018)
• “Is It My Age?” Career>Connect at the Westchester JCC, (Presenter, January 17, 2018)
• “Bridge the Gap: Employment Discrimination & Sexual Harassment – A Complete Overview” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, March 13, 2016)
• “Ageism in Employment: A High-Tech Trend?” (Co-Author & Presenter, West LegalEdcenter, July 24, 2014)
• “Sexual Harassment & The New York City Human Rights Law” (Lawline.com, April 24, 2012)
• “Day in The Life of an Employment Lawyer: Plaintiff’s Side” (Lawline.com, February 1, 2012)
• “A Day in the Life of an Employer Law Office” (New York County Lawyers Association, February 1, 2012)
• “The Great Employment Debate” (Co-Author, New York County Lawyers Association, October 2, 2011)
• “Issues and Insights in Employment Discrimination Cases from the Plaintiff’s Side” (New York County Lawyers Association, January 14, 2010)
• “Critical Issues in Contemporary Employment Law” (Lawline.com, July 23, 2009)
• “Employment Discrimination in the Workplace: How to Handle and Negotiate an Employment Discrimination Claim” (Presenter, Marino Institute for Continuing Legal Education, December 6, 2008)
• “The Great Employment Debate — Are Age Discrimination Laws Necessary?” (Co-Author & Presenter, New York County Lawyers' Association, October 6, 2008)
• “Investigating Liability & Assessing Damages in Employment Law Claims: Identifying Methods That Have Proven Successful in Negotiating Claims” (Co-Author & Presenter, New York City Bar Association, August 12, 2008)
• “How to Effectively Commence an Employment Discrimination Claim” (Co-Author, New York County Lawyers' Association, August 7, 2008)
• “An Introduction to Employment Law” (Presenter, Marino Institute for Continuing Legal Education, April 5, 2008)
• “Getting the Most Out of Your Case” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, March 10, 2007)
• “Getting the Most Out of Your Case” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, February 15, 2007)
• “Trial Strategies That Work” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, December 10, 2006)
• “How to Handle and Negotiate Your First Employment Discrimination Case” (Presenter, Lawline.com, September 16, 2006)
• “Litigating Harassment Claims: Strategies for Success — Counseling and Case Selection” (Co-Author, National Employment Lawyers Association, March 11-12, 2005)
• “Sexual Harassment in the New Millennium” (Co-Author, National Employment Lawyers Association, 13th Annual Convention, 2003)