Maxwell D. Rosenthal is an Associate at Tarter Krinsky & Drogin LLP in the Labor and Employment Practice. Mr. Rosenthal represents companies and high-level executives across a broad range of industries, including professional service firms, financial services companies, manufacturing and industrial supply companies, moving and storage, real estate developers, owners, management companies and brokerage firms, consumer goods and services providers, and transportation and logistics companies.
Mr. Rosenthal is experienced in all aspects of labor and employment law, from day-to-day counseling to complex litigation. He regularly advises employers on how to navigate the ever-changing landscape of employment law, including the difficulties presented by the overlapping, and sometimes conflicting, federal, state and local laws and regulations. He proactively reviews clients’ personnel actions and policies including handbooks/manuals and proposed discipline, promotions, terminations and layoffs to identify potential discrimination and/or compensation issues.
His employment litigation practice includes employment discrimination and retaliation claims under New York State and City Human Rights Law, Connecticut Fair Employment Practices Act, Title VII, the ADEA and ADA, unfair competition, trade secrets and restrictive covenants such as non-competition and non-solicitation provisions, employment agreements and executive compensation issues, wage and hour lawsuits and investigations under New York Labor Law and Fair Labor Standards Act, and unpaid benefit fund contribution matters under ERISA.
On the traditional labor relations side, Mr. Rosenthal has vast experience and counsels clients in sophisticated labor law matters, including union representation campaigns, collective bargaining negotiations, discipline and grievance arbitrations, and proceedings before the National Labor Relations Board, including unfair labor practice charge investigations, trials and compliance.
Mr. Rosenthal regularly appears in State and Federal Courts in New York and Connecticut, the New York State and City Division of Human Rights, the Connecticut Commission on Human Rights and Opportunities, New York State and U.S. Departments of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, as well as before arbitrators and mediators at JAMS and the American Arbitration Association.
Another aspect of Mr. Rosenthal’s practice is general business litigation. In this capacity, Mr. Rosenthal also handles matters in state and federal courts involving breach of contract and business disputes, corporate governance, partnership and shareholder disputes, business fraud disputes, negligence, unfair competition and misappropriation of trade secrets, defense of consumer protection claims, and real property litigation.
As an undergraduate, Mr. Rosenthal was an Honor Athlete as a member of the University of Maryland Varsity Football Team. In his spare time, he enjoys watching football and plays basketball, tennis and golf.
Recent Representative Employment Matters:
- Successfully represented an insurance brokerage agency by (1) obtaining a temporary restraining order preventing its former producer/employee from soliciting clients, (2) enforcing its restrictive covenants and notice provisions, (3) obtaining a declaration that its business information is confidential and protectable trade secrets, and (4) dismissing the former employee's counterclaims with prejudice. (reported as USI Ins. Services LLC v. Miner, 801 F.Supp.2d 175 (S.D.N.Y. 2011) (Preska, J.)
- Defended a real estate owner and developer against in an age discrimination and retaliation lawsuit brought by a former employee. After the first deposition of the plaintiff, achieved a markedly favorable, one-sided settlement of all claims.
- Represented a real estate owner and managing agent in a prompt settlement of a complex ERISA lawsuit brought by the trustees of several ERISA benefit funds.
- Represented a petroleum distribution company and negotiated a favorable settlement of a class action lawsuit for unpaid overtime wages under the FLSA brought by a group of its truck drivers.
Recent Representative Commercial Litigation Matters:
- Represented a nationwide provider of law and corporate products in a class-action lawsuit brought against it under the Fair and Accurate Credit Reporting Act (FACTA), a subsection of the consumer protection statute, the Fair Credit Reporting Act (FCRA). Prior to any discovery, Mr. Rosenthal obtained a well-reasoned decision from the Eastern District of New York District Court dismissing the complaint entirely. The Decision established new, company-friendly precedent for consumer protection practitioners within the Second Circuit and nationwide. The case was reported as Kivo v. Blumberg, No. 13-CV-4170 (ADS)(AKT), __ F.Supp.2d ___, 2013 WL 6064229 (Nov. 16, 2013)
- Represented a title abstract company that was sued for fraud, conspiracy to commit fraud and negligence in connection with a residential real estate purchase. As lead counsel, sought and was awarded summary judgment and had all claims dismissed against the client.
- Represented an online retailer in its lawsuit brought against a competitor who was unlawfully using its intellectual property. As lead counsel, obtained a temporary restraining order in the SDNY Federal Court and was also granted an emergency order compelling the competitor to take down its websites and stop using certain trademarks, trade names and logos.
In his spare time, Mr. Rosenthal is a Volunteer Mentor and Program Associate for the Development School for Youth Program, an innovative leadership and business training program that prepares inner-city youth to enter the professional workforce. In his role with the DSY, Mr. Rosenthal trains and supervises DSY interns, conducts mock interviews and regularly speaks about his experiences to encourage others to participate in the Program.