For more than 30 years, Mr. Klein has represented employers in all aspects of labor and employment relations law and other cutting edge issues, earning wide recognition as one of the nation’s leading employment/management attorneys in the U.S. by publications including Chambers USA, Human Resources Executive, Legal 500, Best Lawyers, and Lawdragon, among others.
Mr. Klein focuses his practice on complex employment discrimination claims (race, sex, age, national origin and disability), wage and hour claims, ERISA and related employee benefits litigation matters, and trade secrets/restrictive covenants litigation, including in the class action, investigation, arbitration, trial, and mediation contexts, as well as counseling boards, special committees, directors, and senior executives of public companies with respect to internal investigations.
Mr. Klein is also a highly-sought after sports attorney and player agent with experience representing athletes, sports organizations and front-office personnel, as well as major corporations and celebrities, with respect to a variety of challenging legal issues relating to the sports industry.
His notable representative experience in these and other areas includes:
- Jock v. Sterling – Representing Sterling Jewelers in a putative class action brought by female sales employees who claim sex discrimination in pay and promotions under the Equal Pay Act, Title VII and the Age Discrimination in Employment Act. Obtained favorable ruling that, among other things, denied certification of Claimants’ Title VII intentional discrimination claims, and rejecting claims that our client operated under a general policy of discrimination against female store employees in pay and promotion. The class in Jock, if certified, would be the largest in the country. Also representing Sterling in a separate matter commenced by the EEOC that alleges many of the same allegations as Jock.
- Tarmy v. MasterCard – Successfully defended MasterCard against discrimination and retaliation claims brought by a former executive under the Americans with Disabilities Act, Family Medical Leave Act and the New York Human Rights Law. Obtained a complete defense jury verdict on all claims, in addition to obtaining damages in favor of MasterCard on counterclaims for breach of fiduciary duties.
- Rowe Entertainment, Inc. v. William Morris Agency – In a multi-hundred million dollar class action brought by minority concert promoters alleging race discrimination and antitrust violations, secured landmark ruling on cost-shifting in e-discovery – the predecessor to the same court’s Zubulake decision. Ultimately obtained summary judgment, affirmed by the Second Circuit.
- McReynolds v. Merrill Lynch & Co., et al. – Won the dismissal of a putative class action litigation alleging a nationwide practice of race discrimination in a retention bonus program. This action was of considerable importance to the financial services industry, and presented a question of first impression with respect to intentional discrimination in the creation of retention bonus programs.
- In re Managed Care (MDL 1334) – Counsel for UnitedHealth Group in six-year multidistrict litigation encompassing more than one dozen putative class action lawsuits against ten managed care companies alleging claims under RICO, ERISA, and state laws. Successfully obtained summary judgment dismissing industry-wide fraud and conspiracy claims after other defendants had paid hundreds of millions of dollars to settle these claims. In re Managed Care, 430 F. Supp. 2d 1336 (S.D. Fla. 2006), aff’d, 2007 WL 1695735 (11th Cir. June 13, 2007). Successful petition to U.S. Supreme Court to compel arbitration of physician RICO claims under their contracts. 538 U.S. 401 (2003).
- Kendall v. Employees’ Retirement Plan of Avon Products – Representation of Avon’s Employee Retirement Plan in a putative class action lawsuit on behalf of retirees who alleged that benefits were improperly reduced in violation of ERISA as a result of numerous breaches of fiduciary duty. Obtained dismissal of all claims. 2007 WL 2728430 (S.D.N.Y. Sept. 14, 2007), aff’d, 561 F.3d 12 (2d. Cir. 2009).
- Franco, et al. v. CIGNA, et al. – Counsel for UnitedHealth Group and Ingenix defending against RICO and antitrust claims by a putative class of members in health benefit plans insured or administered by CIGNA. Plaintiffs claim that UnitedHealth Group and Ingenix conspired with CIGNA to under-reimburse benefit plan participants by using the PHCS database which Ingenix licensed to CIGNA.
Restrictive Covenants and Trade Secrets Litigation
- Kohl's Department Stores Inc. v. Janet Schalk – Defeated a motion for a temporary injunction in Wisconsin state court by Kohl’s seeking to block Ms. Schalk from commencing employment with competitor Hudson’s Bay Company, as Chief Information Officer. After a two-day hearing, the Court found that Kohl’s failed to demonstrate that the restriction on Ms. Schalk was reasonably necessary for the protection of Kohl’s business interests.
- Alliant Insurance Services – Representation of Alliant in lawsuits in New York and California involving allegations of misappropriation of trade secrets and aiding and abetting breaches of fiduciary duty, related to the departure of a group of sixty Aon employees for Alliant. In the California actions, successfully obtained partial summary judgment rejecting Aon’s attempt to enforce employee non-competition restrictive covenants; ultimately settled all related actions.
- MasterCard v. Kelly – Obtained court-ordered injunction to preclude a senior executive from immediately commencing employment at American Express.
- Exante Bank v. Mason – Lead counsel in successful enforcement of a two-year non-competition agreement following a four-day preliminary injunction trial to prevent the former president of an industrial bank from commencing employment with the bank’s principal competitor.
Wage and Hour Litigation
- Seacor Holdings, Inc. – Representation of Seacor subsidiary O’Brien’s Response Management, Inc. in relation to numerous collective action lawsuits in Texas, Louisiana and Florida, all involving alleged misclassification violations of the FLSA related to individuals who provided service on the Deepwater Horizon spill response.
Internal Investigations/Special Committees
- American Realty Capital Properties – Representation of the Audit Committee of the Board of Directors in regard to employment issues relating to an investigation into the company’s financial reporting.
- Restoration Hardware, Inc. – Representation of the Special Committee of the Board of Directors in an independent investigation involving the former chairman and co-CEO.
- Starwood Hotels – Retained by the Board of Directors in connection with the investigation and subsequent termination of employment of Starwood’s then-Chief Executive Officer, in which CEO departed without receiving any severance.
- Publicly Traded Company – Retained by the Special Committee of the Board of Directors to conduct an internal investigation into allegations of employment discrimination brought by a senior executive at the company.
Sports Law Experience
Notable clients in this space include Major League Baseball players and managers such as Dave Winfield, Al Leiter, Joe Torre, Jeff Kent, and Tommy John, National Basketball Association Team President Ernie Grunfeld, the National Football League Players Association, the Major League Baseball Players Association, the National Basketball Players Association, the University of Notre Dame, and companies such as the Yankees Entertainment and Sports (YES) Network, and The Nicklaus Companies.
Notable matters include:
- Representation of football coach Jim Harbaugh in contract negotiations with the University of Michigan and the San Francisco Forty Niners.
- Representation of Under Armour in connection with college team sports sponsorships and athlete endorsement agreements.
- Representation of Texas Rangers Managing Partner Chuck Greenberg when the principal owners tried to force him out.
- Representing players, coaches, and players’ associations with respect to litigation, arbitration, contract negotiations, licensing, endorsements, and collective bargaining.
- Negotiating and litigating lucrative on-field and other licensing agreements, including serving as the lead lawyer in successful litigation against the New York Yankees in connection with one of the largest team sports licensing deals in history at the time.
- Serving as lead counsel and strategic advisor to the first charitable foundation established and run by a current professional athlete, which laid the groundwork for many more of their kind.
Mr. Klein also regularly serves as primary outside employment counsel for a wide range of global, publicly traded corporations, private equity firms, and other major companies, including Godiva Chocolatier, Kraft Foods, MasterCard Worldwide, Oracle Corp., Perella Weinberg Partners, Signet Jewelers, Under Armour, and UnitedHealth Group. For these and other corporate clients, he regularly counsels on sophisticated human resources issues such as preventative employee relations programs, social media policies, whistleblower complaints, EEOC matters, non-competition agreements and other restrictive covenants, executive compensation and employment agreements, formulation of employment policies and manuals, affirmative action plans, the resolution of employment law and benefits issues arising from corporate reorganizations, and restructurings or workforce reductions.
Outside of his active practice, Mr. Klein is a regular speaker at leading industry conferences, including the annual Workshop on Employment Law for Federal Judges, and is the author of numerous articles, including a bi-monthly column for 20 years for the New York Law Journal concerning current developments in employment law. He also has served on the faculty of Cardozo Law School as an adjunct professor, taught at Fordham Law School, serves on the Advisory Board for the Center for Labor and Employment Law at New York University School of Law, and is a co-author of the treatises, The Corporate Counsellor’s Deskbook (CCH 2012) and Managing Contingent Workers (AMACOM 1996).
On account of his wide-ranging expertise and thought leadership, clients, colleagues, and industry publications alike have long-recognized Mr. Klein as among the leading lawyers in the U.S. Among his many accolades, he was named again in 2016 as among the “500 Best Lawyers in the United States” by Lawdragon, has been named one of the “Nation’s 100 Most Powerful Employment Attorneys” by Human Resource Executive and Lawdragon magazines each year from 2008-2016, and has been elected by his peers as a Fellow of the College of Labor and Employment Lawyers. In 2015 and 2016, Mr. Klein was ranked in Band 1 in Chambers Global, with clients calling him “just outstanding” and “able to get to the heart of the issue very quickly,” and describing him as “incredibly responsive” and a “trusted advisor in crisis situations.” Clients also noted that he has “a lot of credibility” and is “very quick on his feet. He gets situations and never panics.” Mr. Klein also has been ranked for many years in Band 1 in Chambers USA, which has described him as “one of the firm’s top lawyers,” “super for a wide-angle business point of view,” and “thoughtful and knowledgeable in terms of strategy.” Clients in Chambers herald his “ability, knowledge base and ‘board-ready’ analytics,” highlight his “unique ability to make complex legal problems seem simple,” and call him a “phenomenal leader and truly talented litigator,” whose “advice is second to none and worth every last penny.” Likewise, Mr. Klein has been recommended by Legal 500 for Labor and Employment Litigation, Workplace and Employment Counseling, and Trade Secrets Litigation. Clients in Legal 500 note that he is “very tactical [and] able to see the landscape of what will happen next and how to navigate it,” “an absolute standout [whose] advice is sophisticated [and] thoughtful,” a lawyer with “vast experience, tremendous judgment, and [who] is very strategic and insightful in complex, demanding and challenging circumstances,” and “excellent with tactics.” Mr. Klein also has been named a “Best Lawyer” in the specialties of Labor and Employment Law and Employment Litigation in Best Lawyers in America each year from 2005-2017, selected in each of 2012-2016 as one of the Top 100 Lawyers in the Metro New York area by SuperLawyers, recognized in 2016 among the top 40 lawyers in New York state for “Labour, Employment & Benefits” by Who’s Who Legal, and was one of only 28 employment lawyers nationally selected as “Client Service All-Stars” by BTI in 2012.
Mr. Klein graduated magna cum laude from Amherst College, and received his J.D. from Columbia University Law School.