Robert S Whitman

Robert S Whitman

April 21, 2023 | New York Law Journal

Pay Frequency Litigation Under the New York Labor Law

Attorneys with Seyarth Shaw's labor and employment department examine case law related to paying manual workers in a timely manner—a matter that has yet to be addressed by the New York Court of Appeals.

By Robert S. Whitman and Kyle D. Winnick

7 minute read

June 25, 2007 | Corporate Counsel

Ex Parte Contacts With an Adversary's Former Employees

Is counsel for a corporation's adversary in litigation permitted to contact the corporation's former employees about matters within the scope of their employment without notifying corporate counsel first? Without obtaining a subpoena? Without affording the corporation's lawyers the right to participate in the conversation? Many litigators assume the answer to these questions is "no," but the New York Court of Appeals recently answered with an emphatic, albeit qualified, "yes."

By Robert S. Whitman

12 minute read

July 01, 2006 | Law.com

Shot in the Dark

Companies should act now to minimize the employment law risks of a possible bird flu pandemic.

By Robert s. Whitman

7 minute read

July 07, 2004 | New York Law Journal

Second Circuit Clarifies Burdens in Family Leave Cases

Robert S. Whitman, a partner at Orrick, Herrington & Sutcliffe, and associate Renee Phillips analyze a recent decision holding that certain claims under the Family and Medical Leave Act must be analyzed under a burden-shifting framework used for other employment discrimination claims.

By Robert S. Whitman and Renee Phillips

6 minute read

June 20, 2007 | New York Law Journal

Ex Parte Contacts With an Adversary's Former Employees

Robert S. Whitman, a partner at Seyfarth Shaw, asks: Is counsel for a corporation's adversary in litigation permitted to contact the corporation's former employees about matters within the scope of their employment without notifying corporate counsel first? Without obtaining a subpoena? Without affording the corporation's lawyers the right to participate in the conversation?

By Robert S. Whitman

13 minute read

August 23, 2005 | New York Law Journal

The Class Action Fairness Act: A Six-Month Assessment

Robert S. Whitman, a partner at Orrick, Herrington & Sutcliffe, writes that the few cases decided since the passage of the act suggest that defendants view its expansion of federal court jurisdiction as a welcome development in the defense of class actions, but the courts have made clear that they will enforce the statute strictly according to its terms, and will not open the door to federal court absent clear statutory jurisdictional authority.

By Robert S. Whitman

11 minute read

February 05, 2002 | New York Law Journal

Outside Counsel

I f an employee has agreed to arbitrate work-related claims against his employer, can the Equal Employment Opportunity Commission (EEOC) still sue the employer in court on the employee`s behalf? If so, can the EEOC seek money damages?

By Robert S. Whitman

10 minute read