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Employment Practice

Our attorneys have regularly represented employers in matters involving employment-discrimination litigation and general labor and employment law advice. Our attorneys have successfully resolved employment discrimination cases, including collective actions under the Fair Labor Standards Act ("FLSA") and claims concerning disability accommodation, age discrimination, sex discrimination, race discrimination and the Family Medical Leave Act. Our attorneys have represented employers at all levels of litigation ranging from administrative hearings to class actions. Our attorneys have successfully filed and argued motions for summary judgment for employers in state and federal courts around the country. In addition to handling all aspects of employment litigation on behalf of our clients, our attorneys regularly partner with clients to ensure they are complying with all state and federal employment laws.

Our attorneys have regularly represented employers and senior executives in connection with covenants not to compete or solicit customers and employers. Several of the matters have received national attention. Our attorneys have also represented clients regarding employment agreements; an employee's duty of loyalty to an employer; wrongful termination; whistleblower claims (including pursuant to the Dodd-Frank Act); internal discipline; and numerous other employment law issues.

Given their substantial experience in the securities industry, our attorneys have represented both firm and registered persons in a myriad of issues related to securities industry registrations, including regulatory "disclosure questions" on Forms U4 and U5, "reason for termination" on Form U5, securities industry examination waivers and other issues. Our attorneys have successfully petitioned FINRA for waivers from securities industry registrations, including the Series 7 and 14A exams, among others.

Pastore & Dailey has previously partnered with Latham & Watkins LLP to file a petition for certiorari seeking Supreme Court review of a decision from the Second Circuit Court of Appeals concerning the tax treatment of employee benefit plans. The Petition was based in part on a split in the Circuit Courts concerning the level of review required in appeals from the U.S. Tax Court.  Pastore & Dailey and Latham & Watkins LLP argued that an Article Three District Court should review issues of tax liability for U.S. citizens on a de novo basis, instead of giving deference to the Tax Court, as U.S. citizens are entitled to an Article Three review when issues of their Federal tax obligations are at stake.