Rule 37(e) and Spoliation Sanctions Under the Amended Rules
Time to Think About the H-1B Cap Season and Your Employment Needs
Kevin B. Leblang, Chair of the Employment Law Department, advises and represents management in employment litigation and advisory matters. Mr. Leblang counsels employers on the full spectrum of employment law matters, ranging from the adoption and application of employee relations policies to the evaluation and minimization of litigation risks of employment decisions. He also conducts training sessions designed to avoid litigation and has successfully mediated dozens of disputes before JAMS, AAA and private mediators. Mr. Leblang also represents management clients in litigation in federal and state courts, as well as before administrative agencies and arbitrators. He litigates claims alleging all forms of discrimination, breach of contract and the myriad of tort claims — including defamation, wrongful discharge, and negligent hiring or supervision — arising out of the employment relationship. He also advises and represents employers in the rapidly growing field of employee noncompetition law. Mr. Leblang has secured favorable rulings in dozens of cases brought by former employees in state and federal litigation, as well as in arbitration, including successfully defending employers against claims for compensation and deferred compensation, discrimination, harassment, tort claims and breach of contract. Among his most recent representations, Mr. Leblang defended a global banking and financial services company against an action by a former senior executive seeking $34 million in allegedly unpaid compensation based on claims of breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment, and violations of New York labor laws, obtaining summary judgment on all of the claims from the district court and a unanimous affirmance on appeal to the Second Circuit. He successfully represented the New York Knicks and Madison Square Garden in a disability discrimination lawsuit filed by a former NBA player, and obtained summary judgments in favor of several large financial institutions facing sexual harassment, gender discrimination, race discrimination, and wage and hour claims in federal courts in New York. Best Lawyers, Chambers USA and Legal 500 have repeatedly recognized Mr. Leblang among the leading practitioners in employment law, lauding him as “very pragmatic in high-profile litigation” (Chambers USA 2015), and “the best employment attorney out there” (Legal 500 US 2015). Human Resource Executive also ranked Mr. Leblang as one of the nation’s most powerful employment law attorneys seven years in a row, and Lawdragon named him to their Top 100 list for employment law.