Employment & Labor


Keep the DOL from Knocking at Your Door
September 25, 2015 | Employment & Labor
A recent Supreme Court ruling Tibble v. Edison has completely changed the landscape for employers, plan sponsors, fiduciaries and employees.  This ruling has expanded the rights of employees to sue their employers and plan sponsors for failing to act prudently in the monitoring of their 401(k) plans.  All employers have some level of fiduciary responsibility and …
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Rivkin Radler Attorneys Named as Bergen’s Top Lawyers
May 31, 2015 | Professional Liability | Employment & Labor | Insurance Coverage
201 Magazine has released its annual Bergen’s Top Lawyers peer-review survey and three Rivkin Radler attorneys have made the list. Brian Ade was named a Top Lawyer for Insurance Practice; John Robertelli was named a Top Lawyer for Labor & Employment Practice and Alexander Pappas was named a Top Lawyer for Professional Liability Practice. Each …
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Scott Green featured in the Long Island Business News’ Who’s Who on Labor & Employment
March 2, 2015 | Employment & Labor
Partner Scott Green was featured in the Long Island Business News’ Who’s Who on Labor & Employment.  Please click the link below to view the Column. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Column …
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Robertelli Victorious on Appeal
January 8, 2015 | Professional Liability | Appeals | Employment & Labor | Insurance Coverage
John Robertelli successfully vacated a 10 million dollar verdict in the case of Youn Wha Jung v. Village of Ridgewood. The remaining claims will be sent for retrial. …
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Rivkin Radler Elects Four New Partners
January 1, 2015 | Appeals | Complex Torts & Product Liability | Employment & Labor | Health Services
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Jacqueline Mecchella Bushwack, Justin Calabrese, Scott Green and Geoffrey Kaiser have been elected Partners. “These attorneys are exceptionally talented and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active members of the …
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Rivkin Team Victorious In The Second Circuit Court of Appeals
November 25, 2014 | Appeals | Employment & Labor
John Diviney, Cheryl Korman, Merril Biscone and Scott Green were victorious in a Second Circuit Court of Appeals decision affirming a summary judgment win on behalf of their client, a major New York based school bus operator, on claims of interference and retaliation under the Family and Medical Leave Act by a former employee. The …
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Gershenoff presents at Commercial Lawyers Conference
November 4, 2014 | Appeals | Employment & Labor
Max Gershenoff, a partner in the firm’s Litigation and Appeals group, will present at the Commercial Lawyers Conference of New York Annual Dinner on December 4, 2014. Mr. Gershenoff will discuss the impact of Berman v. City of New York, E.D.N.Y. Docket No. 09-cv-3017 on attorneys who represent commercial debt collectors in New York. …
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Hardy defeats motion for summary judgment
September 11, 2014 | Appeals | Employment & Labor
Tamika Hardy successfully defeated a CPLR 3213 motion for summary judgment in the Supreme Court, Nassau County on behalf of client Dominick Golia, M.D. in an action wherein the plaintiff, George Hyman, M.D., another doctor, attempted collect on a guarantee executed by Dr. Golia in connection with his purchase of Dr. Hyman’s medical practice.  The …
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Novikoff and Hardy obtain pre-answer dismissal
August 28, 2014 | Appeals | Employment & Labor
Ken Novikoff and Tamika Hardy successfully obtained a pre-answer dismissal of a tortious interference with contract claim against clients Lindsay Park Housing Corp and Board President Cora Austin in federal court in the Eastern District of New York.  The Court agreed with defendants that an employee handbook provided by the co-defendant to plaintiff did not …
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Novikoff and Siegel published in TIPS Newsletter
May 31, 2014 | Appeals | Directors & Officers Liability | Employment & Labor
Ken Novikoff and Jacqueline Siegel, members of the firm’s Employment & Labor Practice Group, have published, “New York City Settles Employment Discrimination Case for $98 Million,” and “Second Circuit Upholds Employer’s Ability To Curtail Employee Class Action Law Suits,” in the Spring 2014 TIPS Employment Law & Litigation Newsletter.  Please click the link below to view …
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Conneely Presents at Lorman Education Services
April 24, 2014 | Employment & Labor
Brian Conneely, a partner in the firm’s Employment & Labor practice group, will be co-presenting “Employment Law Update in New York” at Lorman Education Services on April 24, 2014. Description: Stay safely in compliance with ever-changing employment and labor laws to avoid audits, fines and litigation.  With an increasingly diverse workforce and dynamic laws impacting …
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Rivkin Radlers Obtains Significant Victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma
April 16, 2014 | Appeals | Employment & Labor
Cheryl Korman, Barry Levy and Ken Novikoff obtained a significant victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma when the Appellate Division affirmed the trial court’s summary dismissal of the complaint filed by an NBA employee, alleging violations by Mr. Auriemma of the State and City Human Rights Laws. Please click …
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Rivkin Radler Featured in Newsday LI Business Section
February 9, 2014 | Professional Liability | Real Estate, Zoning & Land Use | Trusts & Estates | Appeals | Complex Torts & Product Liability | Directors & Officers Liability | Employment & Labor | Health Services | Insurance Coverage | Intellectual Property | Corporate
Rivkin Radler was featured in a Newday article entitled, “Raising the Bar.”  The article appeared in the LI Business Section on Sunday, February 9, 2014.  The article focused on the growth of Long Island law firms compared to New York City law firms during the recession. Click here to read entire article: http://www.newsday.com/business/long-island-law-firms-benefit-from-city-counterparts-1.6972767 …
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Rivkin Radler Welcomes Six Associates
September 25, 2013 | Trusts & Estates | Appeals | Complex Torts & Product Liability | Employment & Labor | Health Services
Uniondale, New York ? October 2013 – Rivkin Radler LLP announces the addition of new associates Christopher Barbarello, Jannine Farino, Henry Mascia, Jacqueline Siegel, Shana Slawitsky and Richard Yam. Christopher Barbarello, of Hempstead, NY, has joined the Litigation & Appeals Practice Group.  Mr. Barbarello’s practice focuses on no-fault insurance cases involving insurance fraud and defense …
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Brian Conneely speaks at “Health Care Reform for Employers: Now What?
September 24, 2013 | Employment & Labor
On September 24, Employment & Labor partner, Brian Conneely, was a speaker at a program entitled, “Health Care Reform for Employers:  Now What?”  Mr. Conneely’s topic, “Grandfathered Plans and Updates” covered: Nondiscrimination Requirements Wellness Programs Long-Term Planning Collective Bargaining Bids and Contract Multi-Employer Plans Executive Contracts and Benefits Interactions WIth Other Laws COBRA Prevailing Wage …
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Tamika Hardy and Maria John attend the 88th Annual National Bar Association Conference
July 27, 2013 | Appeals | Employment & Labor | Insurance Coverage
From July 27-Aug. 1, attorneys Tamika Hardy, an associate in the firm’s Employment & Labor and Litigation & Appeals Practice Groups and Maria John, an associate in the firm’s Insurance Coverage & Litigation Practice Group, attended the Annual National Bar Association conference in Florida. They serve as Vice President of Membership and Corresponding Secretary, respectively, of the Amistad …
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John Diviney on Panel at the 23rd Annual Labor & Employment Law Conference – Law In the Workplace 2013
June 7, 2013 | Employment & Labor
John Diviney, a partner in the firm’s Employment & Labor Practice Group, will be part of a panel discussion at the 23rd Annual Labor & Employment Law Conference – Law in the Workplace 2013, a day long symposium on Employment Law and Public & Private Sector Labor Law.  Mr. Diviney’s topic is “Exempt or Non-Exempt under …
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Ken Novikoff, Barry Levy and Brian Bank Obtain Victory
April 17, 2013 | Appeals | Employment & Labor
Ken Novikoff, Barry Levy and Brian Bank, members in the firm’s Employment & Labor and Litigation & Appeals Practice Groups, obtained victory on behalf of Geno Auriemma, Head Coach of the 2012 United States Women’s Olympic Basketball Team in a nationally publicized employment discrimination lawsuit commenced by an employee of the NBA.  The New York …
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John Diviney and Scott Green win summary judgment
March 11, 2013 | Employment & Labor
John Diviney and Scott Green, members of the firm’s Employment & Labor Practice Group, won summary judgment on behalf of their client, a major New York based school bus operator, on claims of interference and retaliation under the Family and Medical Leave Act by a former employee. The Court found that the employee had failed …
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Laura Shockley to present, ‘Employment Law in the Workplace’
January 24, 2013 | Appeals | Employment & Labor
Laura Shockley, a partner in the firm’s Employment & Labor and Litigation & Appeals Practice Groups will present, “Employment Law in the Workplace,” at Bradley & Parker. Ms. Shockley’s presentation will cover the following issues: Avoiding lawsuits Employee contractor regulations Mandatory recordkeeping and filings Department of Labor enforcement and penalties Compliance matters with government agencies …
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Ken Novikoff, Max Gershenoff, and Brian Bank successfully obtained the pre-answer dismissal of various federal antitrust claims
December 19, 2012 | Appeals | Employment & Labor
Ken Novikoff, Max Gershenoff, and Brian Bank successfully obtained the pre-answer dismissal of various federal antitrust claims brought by a freight forwarder against another freight forwarder that services the niche hatching egg market.  In Solent Freight Servs., Ltd Inc. v. Carlos Alberty, et al., 2012 U.S. Dist. LEXIS 179699 (E.D.N.Y. Dec. 18, 2012), the Court …
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Laura Shockley to present at LIU Post
October 30, 2012 | Appeals | Employment & Labor
Laura Shockley, a partner in the firm’s Employment & Labor and Litigation & Appeals Practice Groups, will be presented, “Legal Risks of Monitoring or Restricting Social Media in the Workplace,” at LIU Post. Ms. Shockley will discuss steps for employers to minimize risks related to monitoring or restricting social medial use by employees, recent case …
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Rivkin Radler Team Persuades Federal Court To Strike Down Critical Portions of New York City Debt Collection Law
October 5, 2012 | Appeals | Employment & Labor | Insurance Coverage
Evan Krinick, Michael Versichelli, and Max Gershenoff, members of the firm’s Litigation and Appeals Practice Group won a major victory for plaintiff New York debt collection attorneys in Eric M. Berman, P.C. v. City of New York, 2012 U.S. Dist. LEXIS 143313 (E.D.N.Y. 2012), when United States District Judge Eric N. Vitaliano struck down key parts …
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Professional Liability team defeat two fire loss claims against clients.
September 20, 2012 | Professional Liability | Complex Torts & Product Liability | Employment & Labor
David  Wilck and Wendy Crowther, members of the firm’s Professional Liability Practice Group, successfully defeated two fire loss claims against clients Balboa Insurance and Aurora Loan Services, getting them both dismissed on the pleadings.  In the first, the team successfully thwarted subrogation and negligence claims of the neighbor’s insurance company arguing Aurora could not be …
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Evan Krinick, Max Gershenoff and Michael Versichelli secure complete dismissal, on reconsideration, of a putative federal class action.
September 9, 2012 | Appeals | Employment & Labor | Insurance Coverage
Evan Krinick, Michael Versichelli, and Max Gershenoff of Rivkin Radler’s Litigation and Appeals practice group secured the complete dismissal, on reconsideration, of a putative federal class action against State Farm Mutual Automobile Insurance Company, entitled Servedio v. State Farm Mut. Auto. Ins. Co., E.D.N.Y. Docket No. CV 10-1458. The aspiring lead plaintiff had contended, among …
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Michael Versichelli and Tamika Hardy Obtain Dismissal of a Putative Class Action
September 7, 2012 | Appeals | Employment & Labor | Insurance Coverage
Michael Versichelli and Tamika Hardy obtained dismissal of a putative class action brought by a claimant challenging a no-fault insurer’s industry-wide practice of calculating lost wage benefits under New York’s no-fault law.  The court held that a no-fault insurer is permitted to offset the 20% tax reduction for lost wages against the $50,000 cap for …
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Rivkin Radler Team Secures Dismissal of More Than $30,000,000 in RICO Claims Against The National Conference of Insurance Guaranty Funds, Inc.
August 21, 2012 | Appeals | Employment & Labor
Barry Levy and Max Gershenoff of Rivkin Radler LLP’s Litigation and Appeals practice group today secured the dismissal with prejudice of more than $30,000,000 in civil RICO claims against The National Conference of Insurance Guaranty Funds, Inc., in a Southern District of New York case entitled Petrosurance, Inc. v. National Association of Insurance Commissioners, et …
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Laura Shockley named to Long Island Business News’ Top 50 Women
May 17, 2012 | Appeals | Employment & Labor
UNIONDALE, NY ? Rivkin Radler partner, Laura Shockley, has been named among Long Island’s 50 Most Influential Women by the Long Island Business News.  Shockley is a member of the Employment & Labor and Litigation & Appeals Practice Groups.  Launched in 2000, the Top 50 Program honors theIsland’s premier professional women for their exceptional accomplishments, …
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Laura Shockley will present a seminar at LIU Post
April 17, 2012 | Employment & Labor
Laura L. Shockley, a partner in the firm’s Employment & Labor and Litigation & Appeals Practice Groups, will present, “Veterans Re-Entering the Workforce” at LIU Post.  The presentation focuses on issues surrounding the return of veterans to the workplace, including employer’s obligations under state and federal law.  The audience will be comprised of employers as …
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Ken Novikoff obtains victory in alleged violation of Fair Credit Report Act
March 31, 2012 | Appeals | Employment & Labor
Ken Novikoff obtained dismissal of a complaint alleging violation of Fair Credit Report Act in Caldwell v. Gutman, Mintz, Baker & Sonnefeldt, P.C., venued in the United States District Court for the Southern District of New York. …
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Brian Conneely to speak at Annual Law in the Workplace Conference
February 10, 2012 | Employment & Labor
Brian Conneely, a partner in the Employment & Labor Practice Group, will speak at the Annual Law in the Workplace Conference on updates in employment law.  Developed by the SCBA’s Labor and Employment Law Committee, this year’s Conference was organized by committee chairs Sima Ali and Brian Conneely.  …
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Ken Novikoff obtains dismissal of a complaint seeking damages in excess of $15,000,000.
February 8, 2012 | Appeals | Employment & Labor
Ken Novikoff, a partner in the firm’s Employment & Labor and Litigation & Appeals Practice Group, has obtained the dismissal of a complaint seeking damages in excess of $15,000,000 for alleged fraudulent transfers and tortious interference with a contract in Paradigm Spine, Inc. v. Viscogliosi Brothers, LLC., et. al., venued in the United States District …
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Barry Levy and Michael Sirignano co-presenters at the NYACT’s annual state anti-fraud conference
November 14, 2011 | Real Estate, Zoning & Land Use | Appeals | Employment & Labor
Partners Barry Levy, Employment & Labor and Litigation & Appeals Practice Groups, and Michael Sirignano, Litigation & Appeals and Real Estate, Zoning & Land Use Practice Groups, co-present a seminar titled, “Affirmative Litigation Trends and Issues,” at the NYACT’s annual state anti-fraud conference in Garden City, NY. …
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Regina Faul presents seminar entitled, “Harassment In the Workplace: You Do Need To ‘Sweat the Small Stuff.'”
October 4, 2011 | Employment & Labor
On October 4, 2011, Regina Faul will co-present a seminar entitled, “Harrassment In the Workplace:  You Do Need to ‘Sweat the Small Stuff.'”  This CLE accredited program will be held at Herald National Bank in Melville.  The program will address issues associated with workplace harassment, including Discrimination Harassment, including sexual harassment Retaliation Laws addressing harassment and …
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Laura Shockley presents a seminar entitled, “Employment Law in the Workplace.”
July 14, 2011 | Appeals | Employment & Labor
Laura L. Shockley, a partner in the firm’s Employment & Labor and Litigation & Appeals Practice Group, will be a guest speaker at a series of professional briefings designed for business owners, human resource directors and managers at Gold Coast Bank. The seminar, entitled, “Employment Law in the Workplace,” will cover the following: Avoiding lawsuits Employee contractor regulations …
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Rivkin Radler Team Wins Major Victory For New York Auto Insurers.
June 16, 2011 | Appeals | Employment & Labor | Insurance Coverage
Rivkin Radler LLP led the effort which today secured a major victory for the New York automobile insurance industry, after the Supreme Court, Nassau County dismissed a laundry-list of claims against a broad range of insurers by a No-Fault healthcare provider which contended that the insurers’ verification requests were improper. In MDJ Medical, P.C. v. Hertz …
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John Diviney presents a seminar to New York State Society of CPAs.
December 4, 2010 | Employment & Labor
John Diviney, a partner in the Employment & Labor Practice Group, will present a seminar entitled, “Employer’s Payroll and Withholding Obligations,” to the New York State Society of CPAs. …
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Rivkin Radler Receives Axinn Community Service Award
November 11, 2010 | Professional Liability | Real Estate, Zoning & Land Use | Trusts & Estates | Appeals | Employment & Labor | Health Services | Insurance Coverage | Intellectual Property | Corporate
UNIONDALE, NY -Rivkin Radler received the Cradle of Aviation Museum’s Donald E. Axinn Community Service Award at the museum’s 8th Annual Air & Space Gala, held on November 11, 2010. Created by the late philanthropist, pilot, developer and writer, Donald E. Axinn, the award is a great honor as it recognizes the firm’s extensive outreach …
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Chatzinoff, Conneely, Contino & Cornachio Among LI’s Top Legal Eagles
August 31, 2010 | Professional Liability | Real Estate, Zoning & Land Use | Appeals | Employment & Labor | Corporate
UNIONDALE, NY – Rivkin Radler is please to announce that four of the firm’s attorneys have been named among the Top Rated Attorneys in Nassau and Suffolk Counties by PULSE Magazine for 2010.  The list was compiled from Lexis Nexis Martindale Hubbell Peer Review Ratings, identifying lawyers who are “AV Preeminent” – the highest Peer …
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Scott Green Joins Rivkin Radler as an Associate
June 30, 2010 | Appeals | Employment & Labor
Uniondale, New York – July 2010 – William M. Savino, Managing Partner of Rivkin Radler LLP, is pleased to announce the addition of new associate Scott Green, of Jericho, New York to the Firm.  “My partners and I are delighted to welcome Scott to Rivkin Radler,” said William Savino. “His experience and commitment to professional …
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Brian Conneely Re-Appointed as Co-Chair of Suffolk Cty Bar Assoc.’s Labor & Employ Law Committee
| Employment & Labor
Brian Conneely, a partner in the Employment & Labor Practice Group, has been re-appointed as a Co-Chair of The Suffolk County Bar Association’s Labor & Employment Law Committee for the 2010-2011 term. …
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