Kevin Smith is special counsel in the firm's New York office. He practices in the area of labor and employment. Mr. Smith routinely represents management in discrimination, harassment, retaliation, whistleblower and compensation disputes as litigation, trial, and appellate counsel in federal and state courts, and in arbitrations and administrative hearings. Mr. Smith also counsels and advises clients on employment law issues.
In 2005, Mr. Smith provided in-house legal services with one of the firm's financial institution client's employment law group.
Mr. Smith was an assistant corporation counsel with the City of New York, Office of the Corporation Counsel from 1997 to 2001, where he defended the City of New York in employment discrimination and other civil actions. While there, he tried, as either first or second chair, seven cases to verdict.
Representative Experience
Defending multinational client in putative class action for alleged violations of state employment laws, breaches of contract, and business torts.
Defending numerous restaurant and hospitality clients in Fair Labor Standards Act collective actions and putative class actions for alleged failure to pay minimum and overtime wages.
Defending not-for-profit client in action for violations of the Family and Medical Leave Act and New York City Human Rights law.
Defending life insurer client in action for violations of Title VII and New York Executive Laws for alleged age, race and national origin discrimination.
Successfully defended medical college client against employee whistleblower claims under New York state whistleblower laws, obtaining summary judgment on client's behalf.
Successfully prosecuted action for temporary restraining order and preliminary injunction preventing former employee from breaching client's non-compete and non-disclosure agreement.
Successfully defended client's alleged misclassification of employees as independent contractors before Department of Labor administrative tribunal.
Successfully defended retail client in Fair Labor Standards Act suit, obtaining summary judgment on client's behalf. Caci v. The WIZ of Lake Grove, Inc., 267 F. Supp. 2d 297 (E.D.N.Y. 2003).
Memberships & Associations
New York State Bar Association - Member, Executive Committee Commercial and Federal Litigation Section; Chair, Committee on Continuing Legal EducationFederal Bar Council
Professional Activities
In April 2009, Mr. Smith was appointed as a volunteer arbitrator to hear and decide civil matters in the Civil Court of the City of New York.
Contributor to Kelley Drye’s Consumer Finance Law blog, http://www.consumerfinancelawblog.com/
