Biography
Mr. Cousin is a partner in the firm’s Labor & Employment and Litigation Departments in the New York Office. He is Co-Chair of the firm’s ERISA Litigation National Practice Group, a member of the firm’s Labor and Employment Steering Committee, and a leader of the firm’s New York and New Jersey litigation practices. Mr. Cousin is also co-leading the firm's interdisciplinary "Madoff Team," created to assist clients in understanding and addressing the various legal issues raised in connection with the alleged misconduct of Bernard Madoff. He is an experienced litigator, having handled commercial litigation, employment litigation, and arbitration matters throughout the country involving such claims as theft of trade secrets, fraud, breach of contract and fiduciary duty, defamation, violation of restrictive covenants, unfair competition, discrimination and retaliation, and violations of the ERISA and civil RICO statutes. Although he is based in the firm’s New York office, Mr. Cousin regularly litigates cases in the New Jersey State and Federal Courts.
Mr. Cousin has extensive experience advising U.S. and multi-national companies and executives in all aspects of employment law, including drafting and negotiating employment and separation agreements, corporate restructuring and reductions in force, internal corporate investigations, handbooks and policy manuals, sexual harassment and other sensitivity training, protecting against employee raiding and theft of confidential information, and compliance with all federal, state, and local discrimination laws. Mr. Cousin previously headed the New York/New Jersey employment practice for Greenberg Traurig LLP. Mr. Cousin is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell reflecting the fact that his peers rank him at the highest level of professional excellence.
- Complex commercial litigation
- Civil RICO litigation
- Class action litigation
- Defamation litigation
- Directors and officers liability litigation, including claims for advancement of legal fees and indemnification
- ERISA litigation, including claims for breaches of fiduciary duty related to excessive fees and precipitous stock drops
- FACTA litigation
- Fiduciary litigation
- FINRA arbitration and disciplinary proceedings
- International litigation
- Media and first amendment litigation
- Professional liability litigation
- Real Estate litigation and Workouts
- Sarbanes-Oxley whistleblower litigation
- Securities litigation
- Stock option backdating investigations and litigation
- Trade secret litigation
- Unfair competition litigation
- Employment law and litigation
- ADA and state disability law compliance and litigation
- ADEA and OWBPA compliance and litigation
- Class action litigation
- Domestic violence in the workplace
- EEOC litigation and mediation
- Employee raiding litigation
- Employment and consulting agreements
- Fair Credit Reporting Act
- Family Medical Leave Act (FMLA) and state leave law compliance and litigation
- Handbook and management policy drafting
- Internal corporate investigations
- Inevitable disclosure doctrine
- International labor and employment law
- Reductions in force and corporate restructuring
- Restrictive covenant drafting and litigation
- Sarbanes-Oxley whistleblower litigation
- Sensitivity training
- Security audits and investigations
- Separation agreements and release
- Sexual harassment investigations and litigation
- Title VII and state law discrimination litigation
- Wage and hour and Fair Labor Standards Act (FLSA) litigation
- Executive compensation/contracts
- Negotiate and draft executive employment agreements and severance packages on behalf of companies, partnerships, and executives
- Alternative Dispute Resolution (ADR)
- Represent clients in arbitrations before the AAA and FINRA, and in mediations before the AAA, JAMS, the EEOC, and the courts
- International litigation
- Internet law and litigation
Education
J.D., Rutgers School of Law – Newark (1988)
Editor, Rutgers Law Review
Phi Alpha Delta (1986 – 1988)
B.A., Columbia College (1985)
Admissions
- New York
- New Jersey
Courts
- U.S. District Court for the Southern, Eastern, and Northern District of New York
- U.S. District Court for the District of New Jersey
- U.S. District Court for the District of Connecticut
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Tenth Circuit

