People: Dov Kesselman, Partner

Dov Kesselman

Partner

New York
Direct: (212) 218-5507
Fax: (212) 218-5526

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Biography

Mr. Kesselman is a partner in the New York office of Seyfarth Shaw LLP where he practices all aspects of employment law. He has substantial litigation, arbitration and trial experience defending management against claims of discrimination and harassment under federal, state and city anti-discrimination laws, claims under the Fair Labor Standards Act and ERISA, wrongful termination, breach of contract and related theories, and enforcement of restrictive covenant/non-competition issues. Mr. Kesselman's practice is based in New York, though he actively defends and oversees litigations throughout the country. In addition, to his federal and state court practice, Mr. Kesselman regularly litigates before FINRA (previously the NASD), JAMS, and other private arbitration forums. Mr. Kesselman also counsels management and human resources professionals on various workplace issues, including employees relations, internal complaints and investigations, FMLA and ADA issues, training, and restrictive covenants, as well as other issues with which employers are routinely faced. He has broad experience conducting sensitive internal investigations for employment clients. Mr. Kesselman also represents clients in negotiating executive employment and separation agreements, as well as assisting companies in the protection of corporate assets and trade secrets. Mr. Kesselman has represented individual and corporate clients before government and regulatory agencies in white collar criminal and regulatory matters.

Mr. Kesselman serves as the hiring partner for the New York office of Seyfarth Shaw, and is the assigning partner for the Labor and Employment practice group in New York. In addition, Mr. Kesselman is the New York lead for the firm’s National Single-Plaintiff Litigation practice group. Mr. Kesselman has also been named as a “rising star” by New York Super Lawyers in 2011.

Education

J.D., New York University School of Law (1996)
Staff Editor, Review of Law and Social Change
1993, Yeshiva University (B.A.)
summa cum laude
Valedictorian
Stanley Broff Memorial Award for Excellence in Economics
Gottesman Award for Scholarship, Ethics & Character

Admissions

Pennsylvania
New York

Courts

U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Eastern, Northern, Southern and Western Districts of New York
U.S. District Court for the District of Connecticut

Affiliations

New York State Bar Association (Committee on Civil Rights)
Federal Bar Council
Yeshiva University General Counsel’s Council (Member, 2008-Present)

Representative Engagements

Paulino v. Hazel I, Inc., d/b/a McDonald’s, Docket No. MID-L-10469-09 (AB) (N.J. Sup. Ct., Law Div., Middlesex Cty. October 28, 2011) (obtained full dismissal on summary judgment of sexual harassment and hostile work environment claims under New Jersey Law Against Discrimination)
Bright v. The TJX Companies, Inc. d/b/a T.J. MAXX, Index No. 80229/2011 (JNM) (N.Y. Sup. Ct., Richmond Cty. Sept. 21, 2011) (obtained full dismissal on motion to dismiss of all claims in Article 78 challenge of NYS Division of Human Rights finding of no probable cause in claims of discrimination based on race, color, national origin, age and disability)
Jaafari v. Bank of Tokyo-Mitsubishi UFJ. Ltd, Case No. 10-CV-4060 (AKH) (S.D.N.Y. Sept. 2, 2011) (obtained dismissal on summary judgment of all claims, including claims of discrimination on the basis of race, sex, religion, national origin, age and disability, retaliation, and invasion of privacy)
Apionishev v. Yeshiva University, Case No. 10-CV-7742 (SAS) (S.D.N.Y. June 7, 2011) (obtained dismissal on motion to dismiss of all claims, including claims of sexual orientation and disability discrimination under federal and state statutes, conspiracy, and intentional and negligent infliction of emotional distress)
Connolly v. The TJX Companies, Inc., Case No. 07-CV-3282 (JS/WDW) (E.D.N.Y. Dec. 30, 2010) (obtained summary judgment and dismissal of all claims in multi-plaintiff case, including claims of sexual harassment, retaliation, fraudulent inducement, duress, and coercion, after previously securing dismissal of numerous other claims)
Chen v. Marshalls Department Store, Case No. 100803782 (Court of Common Pleas of Philadelphia Cty., First Judicial Dist. Dec. 10, 2010) (obtained full dismissal on preliminary objections/motion to dismiss of all claims in case alleging wrongful termination and intentional infliction of discrimination)
Feliz v. HF Management Services, LLC, Case No. 09-CV-9228 (RMB) (S.D.N.Y. Aug. 10, 2010) (secured voluntary dismissal with prejudice of case alleging gender discrimination after discovery and depositions)
Kuppam v. Yeshiva University-Albert Einstein College of Medicine, Index No. 308006/09 (GW) (N.Y. Sup. Ct., Bronx Cty. March 31, 2010) (obtained full dismissal on motion to dismiss of all claims, including claims of national origin discrimination, age discrimination, and retaliation)
Kanuk v. International Barcode Corp., Index No. 600213/09 (EB) (N.Y. Sup. Ct., N.Y. Cty. January 21, 2010) (obtained full dismissal on motion to dismiss of all claims, including claims of breach of contract, unjust enrichment, promissory estoppel, and violations of New York Labor Law)
Adams v. Canon U.S.A., Inc., Case No. 2:07-cv-03512 (DRH) (E.D.N.Y. Sep. 22, 2009) (secured summary judgment and dismissal of all claims, including claims of sex discrimination and retaliation)
Petrizzo v. Altana Inc., Index No. 2353/06 (AIG) (N.Y. Sup. Ct., Nassau Cty. May 21, 2009) (obtained summary judgment and dismissal of all claims, including claims of race, national origin and sex discrimination, hostile work environment, and intentional and negligent infliction of emotional distress)
Taylor v. Australia and New Zealand Banking Group Limited, Case No. 08-CV-2204 (BMC) (E.D.N.Y. Nov. 14, 2008) (secured voluntary dismissal of case alleging disability discrimination, after discovery and Rule 11 demand)
EEOC v. McCormick & Schmick’s, Inc., No. 06-CV-7806 (S.D.N.Y. Mar. 17, 2008) (negotiated favorable consent decree after extensive litigation in EEOC pattern or practice case alleging race discrimination in the terms and conditions of employment).
Deluca v. Bank of Tokyo-Mitsubishi UFJ Ltd., Case No. 06-CV-5474, 2008 U.S. Dist. LEXIS 25916 (JGK) (S.D.N.Y. Mar. 29, 2008) (obtained summary judgment and dismissal of all claims, including claims of age and national origin discrimination, breach of express and implied contract, and fraudulent inducement)
Deluca v. Bank of Tokyo-Mitsubishi UFJ Ltd., Case No. 06-CV-5474 (JGK/KNF), 2007 U.S. Dist. LEXIS 64807 (S.D.N.Y. Aug. 30, 2007) and 2007 U.S. Dist. LEXIS 92190 (S.D.N.Y. Dec. 17, 2007) (granting motion for protective order on behalf of employer precluding deposition of senior executive, and awarding attorney’s fees to employer)
Angel v. Bank of Tokyo-Mitsubishi, LTD, et al, Index No. 107341/05 (N.Y. Sup. Ct. Mar. 15, 2006), aff’d, 2007 NY Slip Op 03352 (1st Dept. April 19, 2007) (obtained dismissal of all claims on motion to dismiss, including claims of sex discrimination, sexual harassment, anticipatory breach, promissory estoppel, and fraudulent inducement)
Hood v. Fox-Pitt Kelton, Inc., NASD No. 05-02274 (NASD May 23, 2006) (obtained defense verdict after six days of hearings on all claims brought by former employee, including claims of breach of contract, wrongful termination, retaliation, unjust enrichment, breach of fiduciary duty)
Angel v. Bank of Tokyo-Mitsubishi, LTD, et al, Index No. 107341/05 (N.Y. Sup. Ct. Mar. 15, 2006) (obtained dismissal of all claims on motion to dismiss, including claims of sex discrimination, sexual harassment, anticipatory breach, promissory estoppel, and fraudulent inducement)
Bradley v. TIAA-CREF, No. 04 Civ. 2434 (RCC)(KNF) (S.D.N.Y. Oct. 20, 2005) (obtained summary judgment and dismissal of all claims of discrimination under ADEA and Title VII based on release, despite challenge to release under OWBPA)
Capin v. Prudential Equity Group, LLC, NASD Dispute Resolution Arbitration No. 04-06579 (N.A.S.D. May 25, 2005) (obtained full dismissal of claims of wrongful termination, breach of contract, failure to pay wages, and defamation upon motion to dismiss in advance of discovery and hearings)
Robert Half International v. Park et al; 04-CV-6510 (CJS)P (W.D.N.Y. Nov. 2004) (obtained stipulated judgment and order awarding injunctive relief and damages after filing motion for permanent injunction to enforce non-compete and prevent theft of trade secrets)
Shafer v. TBI Airport Management Inc., No. 02-CV-1582 (N.D.N.Y. July 20, 2004) (obtained summary judgment on claims of sex and national origin discrimination claims, hostile work environment, retaliation and constructive discharge)
Hildenbrandt v. TBI Airport Management Inc., No. 02-CV-1504 (N.D.N.Y. May 6, 2004) (obtained summary judgment on claims of sex and national origin discrimination claims, hostile work environment, retaliation and constructive discharge)
Best v. Prudential Securities, Inc., 03-Civ.-2814 (S.D.N.Y. June 26, 2003, Aug. 25, 2003, and Feb. 2, 2004) (obtained dismissal of large portions of race and age discrimination claims on statutory limitations grounds; later obtained summary judgment on remainder of discrimination claims)
Aguilar v. Penhaligon’s Inc., 02-Civ.-9210 (S.D.N.Y. Apr. 30, 2003) (obtained summary judgment on all counts in national origin and race discrimination case based on corporate successorship liability issues)
Willson v. BNP Paribas, Index No. 601361/02, (N.Y.L.J. Dec. 27, 2002 at 22) (Sup. Ct. N.Y. Co. Dec. 16, 2002) (obtained dismissal of case brought by investment banker for nonpayment of bonuses, breach of contract, quantum merit and violations of N.Y. Labor Law § 198)
Gasparri v. ABN AMRO, Inc., Index No. 102676/00, (N.Y. Sup. Ct. Jul. 19, 2002) (obtained summary judgment dismissing claims of sexual harassment and discrimination)

Presentations

"Navigating the New Overtime Regulations," Harvard Club, New York, New York (May 19, 2004)
"Navigating the New Overtime Regulations, Harvard Club," New York, New York (May 13, 2004)
"Employment Law Update, Grand Hyatt Hotel," New York, New York (October 8, 2003)

Publications

“The Sword and Shield: Protective Orders Guard Against Unwarranted Depositions of Executives,” New York Law Journal (September 18, 2008)
“Smile, You’re on Candid Recorder,” HR Magazine Legal Trends (Spring 2007)
Financial Entities Near Full Immunity in Reporting Suspicious Activities, New York Law Journal (June 29, 1999)
Proposed Bank Anti-Money Laundering Know Your Customer Rules Suggest What May Be Coming For Broker Dealers, Securities Industry Association Newsletter (December 1999)