Rule 37(e) and Spoliation Sanctions Under the Amended Rules
Time to Think About the H-1B Cap Season and Your Employment Needs
Robert N. Holtzman represents employers in employment law and executive compensation matters and is Co-chair of Kramer Levin’s Executive Compensation practice. Mr. Holtzman counsels employers regarding the full range of legal and business issues that touch upon or concern the employment relationship, including advisory matters involving investigations of discrimination and whistleblower complaints, the design and implementation of appropriate policies and practices and employment issues that arise in connection with corporate transactions. He also designs and conducts training of managers and other employees. When disputes arise, Mr. Holtzman represents employers in litigation in federal and state court, as well as in administrative proceedings and arbitrations, and in connection with virtually every type of claim that may be asserted by employees – discrimination on the basis of age, race, color, gender, sexual preference, disability and national origin; retaliation; whistleblower claims; claims under the Fair Labor Standards Act and the New York Labor Law; breach of contract; enforcement of restrictive covenants; wrongful discharge; and a wide variety of tort claims. He also has represented employers and senior executives in class action litigations alleging sexual harassment, gender discrimination, pregnancy discrimination and wage and hour violations. Mr. Holtzman advises and represents companies and executives in connection with the design, implementation, drafting and negotiation of executive compensation arrangements, including employment, severance/separation, change-in-control, noncompetition, non-solicitation and nondisclosure agreements. He also represents private equity funds and companies in the design and drafting of equity and other incentive compensation arrangements. Mr. Holtzman also regularly represents buyers, sellers and management teams in connection with mergers and acquisitions, and other transactions. Among his most notable recent work, Mr. Holtzman represented a Big Four accounting firm in connection with an action commenced by a competitor arising out of its hiring of a team of former employees; Roto-Rooter Services Co. in connection with a class and collective action alleging violations of the wage and hours laws of multiple states; and a prominent financial institution in connection with a claim of gender discrimination and sexual harassment. He also represented a $10 billion hedge fund in connection with the exit of one of its founding partners, and advised an asset manager with more than $25 billion in assets under management in connection with the restructuring of its restrictive covenants and long-term incentive compensation arrangements. Best Lawyers and Legal 500 US have repeatedly recognized Mr. Holtzman as a leading practitioner in employment law.