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Shira Franco is counsel in the Labor & Employment Practice Group of Davis & Gilbert. Ms. Franco has substantial experience defending employers against claims of discrimination, harassment, and retaliation related to age, race, national origin, religion, disability, pregnancy, and sex. She also handles breach of contract, breach of fiduciary duty, restrictive covenant, and wage and hour lawsuits.

In her counseling practice, Ms. Franco advises employers on day-to-day personnel matters, including hiring and separations, performance management, business restructuring, wage and hour compliance, independent contractor engagements, disability accommodations and medical leaves, and human resources best practices.

Ms. Franco represents companies in a variety of service industries, with a particular emphasis on financial services, restaurant and hospitality, advertising, public relations, construction management, and real estate management. A strong focus of her practice involves advising hedge funds, investment banks, accounting firms, and other financial industry employers.

Ms. Franco regularly conducts training on employment-related topics such as harassment prevention, background checks and drug testing, recruiting and hiring practices, employee terminations, family and medical leaves, employee privacy, social media in the workplace, and litigation risk management.

From 2001 to 2002, she served as a law clerk to the Honorable William B. Shubb of the United States District Court for the Eastern District of California. While in law school, Ms. Franco was the Co-Editor-in-Chief of the Harvard Women’s Law Journal.

REPRESENTATIVE ENGAGEMENTS

  • Obtained dismissal on summary judgment of a complex multimillion dollar breach of contract claim on behalf of a global investment management firm.
  • Successfully represented a global investment bank in the mediation and favorable settlement of hostile work environment and retaliation claims.
  • Successfully represented a leading accounting firm in the favorable settlement of claims against a departing partner and competing firm to recover substantial liquidated damages for violations of customer non-solicitation restrictions.
  • Won dismissal of numerous claims in federal, state, and local administrative agencies involving sex, race, national origin, and religious discrimination.
  • Successfully represented leading advertising agencies in defending and negotiating favorable settlements of several disability discrimination claims.
  • Successfully defended a major real estate development and management company in an age discrimination suit.
  • Successfully represented a well-known New York restaurant in the defense and settlement of a wage and hour collective action.
  • Counseled a transportation company with multi-state operations on wage and hour risk management and compliance issues.

SPEAKING ENGAGEMENTS

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"Best Practices for Preventing Employee Harassment and Reducing Legal Liability," New York State Restaurant Association Best Practices Program, February 19, 2013

"The Contingent Workforce: Legal Issues Related to Temps, Consultants, Freelancers, Interns, and other “Non-Regular” Personnel," Davis & Gilbert Labor & Employment Seminar, December 2012

"Annual Legal Update," The Human Resources Association of New York, March 13, 2012

"New Year, New Changes in the Workplace: Technology/Social Media and Key EEOC Initiatives - What You Need to Know NOW," Davis & Gilbert Labor & Employment Seminar, March 2012

"Social Media in the Workplace," Davis & Gilbert Labor & Employment Seminar, October 2010

"Controlling Social Media: Rogue Bloggers, Face Time on Facebook and More," Hospitality Financial and Technology Professionals' HITEC 2010 Conference, June 21-24, 2010

"HR Fundamentals Series," Human Resources Association of New York, March 24, 2010

"The Supreme Court and Congress: Impacting Your Daily Human Resources Practices," Davis & Gilbert Labor & Employment Seminar, February 2010

"The Lilly Ledbetter Fair Pay Act of 2009," New York County Lawyers’ Association, Labor Relations & Employment Law Committee, June 30, 2009

"What You Need to Know about Current Developments in Employment Law," Reductions in Force and the New York WARN Act, Davis & Gilbert Labor & Employment Seminar, January 2009

PUBLICATIONS

Co-Author, "Recent Class Action Settlement Underscores Employer Obligations under Wage and Hour Laws," D&G Litigation Alert, March 2013

Author, "Whistleblower Protections in Company Manual Limit an Employer's Ability to Terminate Employees," D&G Litigation Newsletter, Fall 2009

Author, "Garden Leave Provisions May Not Be Enforceable By Injunction," D&G Litigation Newsletter, Winter 2009

Co-Author, "Reining in Attorneys’ Fees in FLSA Collective Actions: Factors Emphasized By Courts in Scrutinizing Fee Applications," The Metropolitan Corporate Counsel, August 2008

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

Human Resources Association of New York
100 Women in Hedge Funds
New York City Bar Association, Women in the Profession Committee

BAR ADMISSIONS

New York
Massachusetts
California
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Harvard Law School, J.D., cum laude, 2001
University of California, Berkeley, A.B., with highest distinction, 1998


REPRESENTATIVE ENGAGEMENTS

  • Obtained dismissal on summary judgment of a complex multimillion dollar breach of contract claim on behalf of a global investment management firm.
  • Successfully represented a global investment bank in the mediation and favorable settlement of hostile work environment and retaliation claims.
  • Successfully represented a leading accounting firm in the favorable settlement of claims against a departing partner and competing firm to recover substantial liquidated damages for violations of customer non-solicitation restrictions.
  • Won dismissal of numerous claims in federal, state, and local administrative agencies involving sex, race, national origin, and religious discrimination.
  • Successfully represented leading advertising agencies in defending and negotiating favorable settlements of several disability discrimination claims.
  • Successfully defended a major real estate development and management company in an age discrimination suit.
  • Successfully represented a well-known New York restaurant in the defense and settlement of a wage and hour collective action.
  • Counseled a transportation company with multi-state operations on wage and hour risk management and compliance issues.

SPEAKING ENGAGEMENTS

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"Best Practices for Preventing Employee Harassment and Reducing Legal Liability," New York State Restaurant Association Best Practices Program, February 19, 2013

"The Contingent Workforce: Legal Issues Related to Temps, Consultants, Freelancers, Interns, and other “Non-Regular” Personnel," Davis & Gilbert Labor & Employment Seminar, December 2012

"Annual Legal Update," The Human Resources Association of New York, March 13, 2012

"New Year, New Changes in the Workplace: Technology/Social Media and Key EEOC Initiatives - What You Need to Know NOW," Davis & Gilbert Labor & Employment Seminar, March 2012

"Social Media in the Workplace," Davis & Gilbert Labor & Employment Seminar, October 2010

"Controlling Social Media: Rogue Bloggers, Face Time on Facebook and More," Hospitality Financial and Technology Professionals' HITEC 2010 Conference, June 21-24, 2010

"HR Fundamentals Series," Human Resources Association of New York, March 24, 2010

"The Supreme Court and Congress: Impacting Your Daily Human Resources Practices," Davis & Gilbert Labor & Employment Seminar, February 2010

"The Lilly Ledbetter Fair Pay Act of 2009," New York County Lawyers’ Association, Labor Relations & Employment Law Committee, June 30, 2009

"What You Need to Know about Current Developments in Employment Law," Reductions in Force and the New York WARN Act, Davis & Gilbert Labor & Employment Seminar, January 2009

PUBLICATIONS

Co-Author, "Recent Class Action Settlement Underscores Employer Obligations under Wage and Hour Laws," D&G Litigation Alert, March 2013

Author, "Whistleblower Protections in Company Manual Limit an Employer's Ability to Terminate Employees," D&G Litigation Newsletter, Fall 2009

Author, "Garden Leave Provisions May Not Be Enforceable By Injunction," D&G Litigation Newsletter, Winter 2009

Co-Author, "Reining in Attorneys’ Fees in FLSA Collective Actions: Factors Emphasized By Courts in Scrutinizing Fee Applications," The Metropolitan Corporate Counsel, August 2008

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

Human Resources Association of New York
100 Women in Hedge Funds
New York City Bar Association, Women in the Profession Committee

BAR ADMISSIONS

New York
Massachusetts
California
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Harvard Law School, J.D., cum laude, 2001
University of California, Berkeley, A.B., with highest distinction, 1998