People: Edward Cerasia II, Partner

Edward Cerasia II

Partner

New York
Direct: (212) 218-5611

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Biography

Edward Cerasia II is a partner in the Labor & Employment Department in the New York office of Seyfarth Shaw LLP. Mr. Cerasia represents clients in employment, wage and hour, and employee benefits matters in the financial services, insurance, transportation, healthcare, media, and retail industries. He has successfully handled jury and bench trials involving claims of sexual, racial, age, and disability harassment; race, age, disability, and gender discrimination; retaliation; constructive discharge; and entitlement to employee benefits. During the last nine years alone, he successfully tried five cases to verdict and numerous arbitrations to conclusion.

According to Chambers USA (2011), Mr. Cerasia’s “litigation skills are impressive and he explains the risks so that [clients’] ultimate decisions are completely informed.” In past years, Chambers has noted that clients view him as “an outstandingly strong advocate on a variety of litigation matters, including numerous discrimination and wrongful termination cases” and “an expert on employee benefits litigation.” Clients also told Chambers that Mr. Cerasia’s “prodigious memory’ means ‘he doesn’t have to be told anything twice.’”

In 2011, Lawdragon/Human Resource Executive magazine named Mr. Cerasia as one of “The 40 Up and Coming Corporate Employment Lawyers” in the United States.

Mr. Cerasia’s nationwide trial and appellate practice focuses on representing corporate clients against claims of discrimination, harassment, and retaliation; claims under the FLSA and state wage and hour laws; claims under ERISA involving breaches of fiduciary duty, prohibited transactions, 401(k) and ESOP issues, severance pay, and challenges to plan denials of benefits, plan amendments, and termination of benefits; whistleblower claims; claims of defamation, breach of contract, and intentional torts; and claims involving restrictive covenants and employee recruitment practices. His litigation matters include single-plaintiff, multiple-plaintiff, class action, collective action, and EEOC pattern and practice cases.

As a trusted business advisor, Mr. Cerasia regularly counsels clients on how to avoid litigation and provides advice on matters such as employee discipline and termination; wage and hour law compliance and conducting nationwide compliance audits; designing and implementing reductions in force; strategies for preventing and investigating harassment, discrimination, and whistleblower claims; employee recruiting and hiring practices; and challenges to benefit plan determinations.

Mr. Cerasia is a frequent speaker and writer on employment and benefits law issues. For two years, he was an adjunct professor at Quinnipiac University School of Law, where he taught employment discrimination law.

He received his J.D., summa cum laude, and graduated valedictorian from the University of Bridgeport School of Law in 1991, where he was an editor for the University of Bridgeport Law Review. He received a dual B.S. in industrial and labor relations and managerial law and public policy from Syracuse University in 1987.

Mr. Cerasia is admitted to practice in New York, New Jersey, and Connecticut.

In 2011, Lawdragon/Human Resource Executive magazine named Mr. Cerasia as one of “The 40 Up and Coming Corporate Employment Lawyers” in the United States.

Mr. Cerasia is admitted to practice in New York, New Jersey, and Connecticut.

Education

J.D., University of Bridgeport School of Law, summa cum laude (1991)
Editor, University of Bridgeport Law Review
B.S., Syracuse University (1987)

Admissions

New York
New Jersey
Connecticut

Affiliations

U.S. Chamber of Commerce (EEO Subcommittee)
American Bar Association, Labor and Employment Section

Representative Engagements

Jury and Bench Trials

Ruhling v. Newsday, Inc., U.S.D.C., E.D.N.Y. (2007) (obtained defense jury verdict on 14 of 15 claims of discrimination, harassment, retaliation and constructive discharge after 2½-week trial; court granted post-trial motion reducing jury’s award from $100,000 to $50,000 on disability discrimination claim as to written reprimand; while on appeal and after court denied plaintiff’s motion for attorneys’ fees, case settled on favorable terms for modest payment of attorneys’ fees).
Edwards v. Brookhaven Science Assocs., LLC, U.S.D.C., E.D.N.Y. (2005) (obtained defense jury verdict after 8-day trial on plaintiff’s retaliatory discharge claim under the ADA).
Wang v. Metropolitan Life Ins. Co., U.S.D.C., D. Md. (2004) (obtained defense jury verdict after 4-day trial on plaintiff’s claim under Title VII that she was sexually harassed by a senior officer at MetLife).
Luxenberg v. The Guardian Life Ins. Co. of Am., U.S.D.C., S.D.N.Y. (2004) (defense judgment after 2-day bench trial on former managing director’s ERISA claim for severance benefits).
Richardson v. Costco Wholesale Corp., U.S.D.C., D. Conn. (2002) (obtained defense jury verdict after 4-day trial on plaintiff’s FLSA constructive discharge and retaliation claims).
Ayton v. Lenox Hill Hosp., U.S.D.C., S.D.N.Y. (1997) (race discrimination and retaliation case dismissed on first day of trial for failure to prosecute after plaintiff fired her counsel over disputes concerning hospital’s in limine motions).
Rivera and Allen v. The Prudential Ins. Co. of Am., U.S.D.C., N.D.N.Y. (1996) (after two week trial, verdicts returned in favor of two plaintiffs on sexual harassment claims; case settled after post-trial remittitur motion granted and while on appeal for approximately 10% of verdicts).
Sowa and Gawron v. Rexam Graphics, Massachusetts Superior Court (1995) (obtained defense jury verdicts after one-week trial on two plaintiffs’ age discrimination claims in connection with reduction-in-force).
Valliere v. Rexam Graphics, Massachusetts Superior Court (1995) (court dismissed age discrimination case as untimely after opening statements to jury).

Representative Reported Cases

Cicvara V. Gillette Co., 2011 U.S. District LEXIS 134512 (D. Conn. 2011) (granting summary judgment - dismissing plaintiff’s claims under stock option plan).
Kingsbury v. Marsh & McLennan Cos., Inc., 2011 WL 344746 (D. Mass. 2011) (granting summary judgment dismissing ERISA pension benefits claim as time-based and holding that plan administrator’s decision was not arbitrary and conspicuous).
Reid v. SuperShuttle Int'l, Inc. 2010 U.S. Dist. LEXIS 26831 (E.D.N.Y. 2010) (court compelled arbitration of plaintiffs’ wage and hour claims and enforced class action waiver in arbitration clause).
Duviella v. JetBlue Airways Corp., 2009 U.S. App. LEXIS 24895 (2d Cir. 2009) (affirming summary judgment dismissing race and age discriminations claims by plaintiff who was fired for violating non-harassment policy).
Weir v. The Guardian Life Ins. Co. of Am., 2009 U.S. App. LEXIS 23941 (2d Cir. 2009) (affirming summary judgment dismissing plaintiff’s breach of contract and reformation claims).
Ruhling v. Newsday, Inc., 2008 U.S. Dist. LEXIS 38936 (E.D.N.Y. 2008) (court granted motion to remit jury’s compensatory damages award from $100,000 to $50,000).
Brookhaven Science Assocs., LLC v. Donaldson, 2007 U.S. Dist. LEXIS 58793 (S.D.N.Y. 2007) (case of first impression where court granted declaratory judgment holding that NYS Division of Human Rights lacked jurisdiction to enforce NYHRL against Brookhaven).
Schorr v. The Guardian Life Ins. Co. of Am., 843 N.Y.S.2d 24 (1st Dep’t 2007) (court affirmed dismissal of good faith and fair dealing claim, but reversed dismissal as to tortious interference with prospective business relations claim).
Coheleach v. Bear Stearns & Co., Inc., 2006 U.S. Dist. LEXIS 50768 (S.D.N.Y. 2006) (court granted motion to compel NASD (now known as FINRA) arbitration of FLSA claims in purported collective action).
In re RCN Litigation, 2006 WL 753149 (D. N.J. 2006) (court granted in substantial part RCN defendants’ motion to dismiss ERISA breach of fiduciary duty claims in connection with 401(k) plan participants’ losses in company stock fund and motion to dismiss 5 out of 6 named plaintiffs for lack of standing under ERISA).
Dashiel v. The Prudential Ins. Co. of Am., 2006 U.S. Dist. LEXIS 11055 (D. Conn. 2006) (court granted summary judgment dismissing plaintiff’s Title VII race and national origin discrimination and harassment claims).
Ahearn v. Marsh & McLennan Cos., Inc., 2005 U.S. App. LEXIS 3575 (3d Cir. 2005) (court affirmed dismissal of purported ERISA class action and ADEA collective action challenging interpretation of ERISA “top hat” plan).
Schiappa v. Brookhaven Science Assocs., LLC, 2005 U.S. Dist. LEXIS 32084 (E.D.N.Y. 2005) (court granted Rule 12(c) motion dismissing NYHRL claims as barred by the federal enclave doctrine and U.S. Constitution).
Edwards v. Brookhaven Science Assocs., LLC, 2005 U.S. Dist. LEXIS 20650 (E.D.N.Y. 2005) (court granted summary judgment dismissing disability-based harassment claim and, in case of first impression, denied motion to strike demand for compensatory damages and jury trial under the ADA).
Baker v. The Guardian Life Ins. Co. of Am., 785 N.Y.S.2d 437 (1st Dep’t 2004) (court affirmed motion to dismiss defamation and tortuous interference claims).
Luxenberg v. The Guardian Life Ins. Co. of Am., 2004 U.S. Dist. LEXIS 3121 (S.D.N.Y. 2004) (court granted summary judgment dismissing managing director’s retaliatory discharge claim under the ADEA).
Williams-Velasquez v. The Guardian Life Ins. Co. of Am., 2003 U.S. Dist. LEXIS 14990 (S.D.N.Y. 2003) (court granted summary judgment dismissing plaintiff’s race, national origin and disability discrimination and retaliation claims).
Liu v. Beth Israel Med. Ctr., 2003 WL 21488081 (S.D.N.Y. 2003) (court granted summary judgment dismissing physician’s breach of contract claim concerning the alleged failure to collect on his billings and pay for his services).
Kahn v. Costco Wholesale Corp., 2001 WL 1602168 (E.D.N.Y. 2001) (court granted summary judgment dismissing race discrimination and tort claims in connection with plaintiff”s discharge).
Richardson, et al. v. Costco Wholesale Corp., 169 F. Supp. 2d 56 (D. Conn. 2001) (court granted summary judgment dismissing plaintiffs’ claims for unpaid wages under FLSA and Connecticut law, and false imprisonment claims).
Criales v. American Airlines, Inc., 1998 WL 661473 (E.D.N.Y. 1998) (granting Rule 12(c) motion dismissing racial harassment, defamation, and intentional infliction of emotional distress claims), aff’d, 216 F.3d 1071 (2d Cir. 2000) (affirming district court’s grant of Rule 12(c) motion and subsequent motion for summary judgment as to discriminatory discharge claim).

Complex Discrimination, Retaliation and Harassment Cases

Kuznetsov, at al. v. XpresSpa, U.S.D.C., E.D.N.Y. (lead counsel representing defendants in purported class action alleging national origin discrimination).
Wagner, et al. v. University Medicine and Dentistry of N.J., N.J. Superior Court, Essex Co. (representing UMDMJ in purported gender discrimination class action by female faculty members).
Osorio v. Source Enterprises, Inc., et al, U.S.D.C., S.D.N.Y. and 2d Cir. (2006-2007) (retained by insurance carrier to prepare post-trial motions and handle mediation and appeal seeking to set aside or remit $4 million jury verdict in retaliatory discharge case; case settled for small percentage of verdict).
EEOC v. ImClone Systems Incorporated, U.S.D.C., D. N.J. (2004-2005) (Title VII case in which EEOC alleged race discrimination and retaliation on behalf of former temporary worker; case settled on favorable terms).
EEOC and Hanrahan v. Worldwide Flight Servs., Inc. and American Airlines, Inc., U.S.D.C., D. R.I. (2002) (on behalf of Worldwide, obtained precedent-setting discovery ruling in a case alleging pattern and practice of discrimination under the ADA by convincing court to permit deposition of EEOC investigator and trial attorney by challenging investigator’s preliminary “no cause” finding and integrity of EEOC investigation, after investigator changed her decision without explanation).
EEOC v. Greyhound Lines, Inc., U.S.D.C., W.D.N.Y. (2002) (after effective use of third-party subpoenas uncovering resume fraud by charging party in a case alleging failure to hire based on religion, the case settled on favorable terms before charging party’s deposition).

Wage and Hour Cases

Kuznetsov, et al. v. XpresSpa, U.S.D.C., E.D.N.Y. (lead counsel representing defendants in purported collective/class action alleging denial of minimum wage and overtime pay).
Fraser, et al. v. Medisys Health Network, Inc., et al., U.S.D.C., E.D.N.Y. (representing defendants in purported collective and class action asserting violations of FLSA and N.Y. Labor Law for alleged failure to pay overtime and/or wages for missed meal breaks and work performed outside of scheduled shifts, as well as violations of RICO and various common law claims).
Allen, et al. v. amNew York, et al., N.Y.S. Sup. Ct. (representing amNew York in purported class action by newspaper “hawkers” to recover minimum wages under N.Y. Labor Law).
Dorofy, et al. v. American Int’l Group, Inc., U.S.D.C., D. N.J. (2007) (collective action by insurance adjusters seeking overtime pay under FLSA; case voluntarily dismissed during discovery, after court limited discovery to named plaintiffs only).
McQuay, et al. v. American Int’l Group, Inc., U.S.D.C., E.D. Ark. (2004) (collective action by insurance adjusters seeking overtime pay under FLSA; court granted summary judgment in favor of AIG, concluding that plaintiffs were administratively exempt employees).
Daniel, et al. v. Worldwide Flight Servs., Inc., U.S.D.C., S.D. Fla. (2002) (court granted summary judgment dismissing plaintiffs’ FLSA overtime complaint because they were exempt from FLSA’s overtime requirements, given that Worldwide is an air carrier subject to the Railway Labor Act).

ERISA Cases

In re Agway, Inc. 401(k) ERISA Litig., U.S.D.C., N.D.N.Y. (2003-2008) (represented 25 members of board of directors of Agway in two 401(k) “stock drop” cases – one by independent fiduciary and the other by U.S. DOL – alleging that directors breached their ERISA fiduciary duties and engaged in prohibited transactions in connection with 401(k) plan participants’ losses from investments in Agway’s securities; case settled for $11.55m, with named defendants allowed to participate in settlement fund and no injunctive relief against directors).
In re Global Crossing ERISA Litig., U.S.D.C., S.D.N.Y. (2003) (represented employee benefits service company in multidistrict class action “stock drop” litigation where plaintiffs accused our client of breaching ERISA fiduciary duties in connection with 401(k) plan participants’ losses from investments in company stock fund; convinced plaintiffs’ lead counsel to dismiss our client from case for $0).
Zellin, et al. v. Mt. Sinai Hosp., U.S.D.C., D. N.J. (2005) (court granted summary judgment dismissing plaintiffs-retirees’ ERISA claims that they were entitled to fixed healthcare premiums for life).
Ahearn, et al. v. Marsh & McLennan Cos., Inc., 2005 U.S. App. LEXIS 3575 (3d Cir. Mar. 3, 2005) (Third Circuit affirmed district court’s entry of summary judgment dismissing purported ERISA class action and its granting of motion to dismiss ADEA collective action challenging interpretation of Social Security offset provision in “top hat” supplemental retirement plan).
Wallach v. TIAA-CREF, et al., U.S.D.C., S.D.N.Y. (2005) (represented TIAA and its retirement plan in ERISA case where former independent contractor alleged that he and similarly-situated individuals were misclassified, and thus entitled to various retirement benefits; case settled on favorable terms).

Accolades

Chambers & Partners, Chambers USA: America’s Leading Business Lawyers (2005-2007, 2009-2011) - Band 2
Lawdragon/Human Resource Executive magazine - named among “The 40 Up and Coming Corporate Employment Lawyers” in the U.S. (2011)
The Best Lawyers in America: Litigation - Labor & Employment (2012)
New York Super Lawyers (2008-2011)
New Jersey Super Lawyers (2006-2007)
"Forty Under 40" Rising Stars and Business Leaders in New Jersey by NJBIZ (2005)