Howard J. Rubin is co-chair of the Litigation and Labor & Employment Practice Groups of Davis & Gilbert and also co-chairs the firm’s Diversity Committee. Mr. Rubin has defended numerous First Amendment, libel and slander, copyright, breach of contract and securities fraud cases. He represented the Association of National Advertisers, the American Advertising Federation, and the American Association of Advertising Agencies as amicus curiae before the United States Supreme Court in Nike v. Kasky; a First Amendment commercial speech case, concerning a corporation’s right to speak freely on matters of public concern and one of the most watched and anticipated free speech cases in the last 20 years.
Mr. Rubin has handled countless employment discrimination lawsuits, including the successful defense at trial of Ogilvy & Mather in a sex discrimination class action, jury trials of Wells Rich Greene in an age discrimination case, Grey Global Group in an age discrimination case and J. Walter Thompson in sex discrimination and defamation claims. Mr. Rubin consults on a variety of personnel-related issues, including the preparation of affirmative action plans and personnel policies, manuals and handbooks. In addition to representing companies, he has represented senior executives in negotiating severance packages as well as employment agreements.
Mr. Rubin taught employment law and served as co-director of Employment Rights Project from 1974 through 1978 at Columbia Law School. During that period, Mr. Rubin litigated a number of significant discrimination cases, including sex discrimination cases against The New York Times and Readers’ Digest Association. Mr. Rubin’s participation in the former case is described in the book, The Girls in the Balcony, by Nan Robertson, a former reporter for The New York Times.
REPRESENTATIVE ENGAGEMENTS
- Counseled a global investment bank in a nationwide antitrust class action brought against 37 major financial institutions by municipalities who issued tax-exempt bonds alleging that defendants conspired to rig bids for municipal bond investment vehicles. Several cases were filed in the federal courts in the District of Columbia, New York and California and have been consolidated by the Judicial Panel on Multidistrict Litigation.
- Advised an investment bank in dealing with the fallout from buying a multibillion dollar package of mortgages. One of the mortgages provided that when all payments were made there would still be a residual of over $40 million owed. The original lender had obtained residual value insurance. The insurance company refused to honor the policy. We sued the insurance company and argued that the problems with the policy were its fault. The case was settled with the insurance company paying our client the whole multimillion dollar premium that the original lender had paid for the policy.
- Counseled an investment bank in the handling of a $100 million stock swap dispute with another investment bank when the parties and the brokers all had different versions of the terms and none of them had a signed agreement.
- Counseled an investment bank’s leveraged buyout division in a FINRA arbitration regarding the firing of two senior executives with multimillion dollar guaranteed bonuses – for having their lawyer write a letter to the company’s chairman. The investment bank asserted that the writing of the letter was cause – insubordination – and the FINRA panel agreed and the executives did not receive their guaranteed bonuses.
- Advised an investment bank in obtaining a summary judgment against an executive who threatened his boss—and tape recorded the threat. The individual sued for race, natural origin and disability discrimination, retaliation and violation of the FMLA. The Second Circuit affirmed the summary judgment despite an amicus brief by the EEOC.
- Counseled an investment bank in the successful dismissal of a $20 million claim by two former employees who had alleged that the bank breached oral employment agreements that would have entitled them to future income from the business on which they had worked.
- Counseled 50% owner of the CDO division of a hedge fund which started as a dispute with the hedge fund and ended in the simultaneous purchase of the other 50% of the CDO fund and the sale of the whole fund to a bank. The firm also handled the employment contract and compensation package with the bank.
- Represented a leading brokerage house in hiring three dozen executives from one of the largest banks in the world. No suits were filed despite the fact that the employees had restrictive covenants in their contracts and in the bank’s employee manual.
- Counseled a leading bank in seeking a restrictive covenant against one of its employees who was hired by one of the largest brokerage houses.
- Represented an analyst at a hedge fund in a TRO and preliminary injunction when his former employer sought to stop him from going to a new hedge fund.
- Advised an investment bank when an employee sued the bank and the insurance company under the long term disability insurance policy. The case against the bank was dismissed on summary judgment while the case against the co-defendant went to trial.
SPEAKING ENGAGEMENTS
"Health Care Reform Legislation: Navigating the Key Provisions," Davis & Gilbert Labor & Employment Seminar, May 2010
"The Supreme Court and Congress: Impacting Your Daily Human Resources Practices," Davis & Gilbert Labor & Employment Seminar, February 2010
"What You Need to Know about Current Developments in Employment Law," Americans with Disabilities Act and Employee Leaves of Absence, Davis & Gilbert Seminar, December 2008
"What the People You Want Will Want From You," Council of Public Relations Firms, Talent Issues Are Impacting the Business seminar, October 26, 2005
PUBLICATIONS
Co-Author, "Recent Rulings Illustrate Important Need For E-Discovery Document Preservation Policy," D&G Litigation Alert, August 2010
Co-Author, "New York Requires Written Disclosure of Pay Rates to New Hires," D&G Labor & Employment Alert, September 2009
Co-Author, “New York’s Highest Court Permits Deductions of Business Costs in Commissions,” D&G Legal Development Alert, June 17, 2008
Co-Author, “Pro Bono – Law Firms: A Gift From The Heart To End Violence Against Women,” The Metropolitan Corporate Counsel, August 2007
Co-Author, “Will Garden Leaves Blossom in the States?,” a chapter in Employee Relations Law Journal, (Aspen Publishers) Autumn 2007
Co-Author, “Operation Success: The Advertising Industry Faces The Diversity Challenge,” The Metropolitan Corporate Counsel, March 2005
Co-Author, “Employment Relationships: Law and Practice,” Aspen Publishers, 1998
Co-Author, Fair Employment Litigation: Text and Materials For Student and Practitioner,” West Publishing Company, 1975
Co-Author of two manuals on employment law and litigation produced under grants from the Equal Employment Opportunity Commission and the New York State Division of Human Rights
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York State Bar Association
New York City Association of Bar, previously on Civil Rights Committee
Solomon Schechter School of Manhattan
Park Avenue Synagogue, Vice President
Town & Village Synagogue, Past President
BAR ADMISSIONS
New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit
U.S. Supreme Court
EDUCATION
Columbia University, J.D., Harlan Fiske Stone Scholar, 1972
Colgate University, with honors in Economics, A.B., cum laude, 1969
REPRESENTATIVE ENGAGEMENTS
- Counseled a global investment bank in a nationwide antitrust class action brought against 37 major financial institutions by municipalities who issued tax-exempt bonds alleging that defendants conspired to rig bids for municipal bond investment vehicles. Several cases were filed in the federal courts in the District of Columbia, New York and California and have been consolidated by the Judicial Panel on Multidistrict Litigation.
- Advised an investment bank in dealing with the fallout from buying a multibillion dollar package of mortgages. One of the mortgages provided that when all payments were made there would still be a residual of over $40 million owed. The original lender had obtained residual value insurance. The insurance company refused to honor the policy. We sued the insurance company and argued that the problems with the policy were its fault. The case was settled with the insurance company paying our client the whole multimillion dollar premium that the original lender had paid for the policy.
- Counseled an investment bank in the handling of a $100 million stock swap dispute with another investment bank when the parties and the brokers all had different versions of the terms and none of them had a signed agreement.
- Counseled an investment bank’s leveraged buyout division in a FINRA arbitration regarding the firing of two senior executives with multimillion dollar guaranteed bonuses – for having their lawyer write a letter to the company’s chairman. The investment bank asserted that the writing of the letter was cause – insubordination – and the FINRA panel agreed and the executives did not receive their guaranteed bonuses.
- Advised an investment bank in obtaining a summary judgment against an executive who threatened his boss—and tape recorded the threat. The individual sued for race, natural origin and disability discrimination, retaliation and violation of the FMLA. The Second Circuit affirmed the summary judgment despite an amicus brief by the EEOC.
- Counseled an investment bank in the successful dismissal of a $20 million claim by two former employees who had alleged that the bank breached oral employment agreements that would have entitled them to future income from the business on which they had worked.
- Counseled 50% owner of the CDO division of a hedge fund which started as a dispute with the hedge fund and ended in the simultaneous purchase of the other 50% of the CDO fund and the sale of the whole fund to a bank. The firm also handled the employment contract and compensation package with the bank.
- Represented a leading brokerage house in hiring three dozen executives from one of the largest banks in the world. No suits were filed despite the fact that the employees had restrictive covenants in their contracts and in the bank’s employee manual.
- Counseled a leading bank in seeking a restrictive covenant against one of its employees who was hired by one of the largest brokerage houses.
- Represented an analyst at a hedge fund in a TRO and preliminary injunction when his former employer sought to stop him from going to a new hedge fund.
- Advised an investment bank when an employee sued the bank and the insurance company under the long term disability insurance policy. The case against the bank was dismissed on summary judgment while the case against the co-defendant went to trial.
SPEAKING ENGAGEMENTS
"Health Care Reform Legislation: Navigating the Key Provisions," Davis & Gilbert Labor & Employment Seminar, May 2010
"The Supreme Court and Congress: Impacting Your Daily Human Resources Practices," Davis & Gilbert Labor & Employment Seminar, February 2010
"What You Need to Know about Current Developments in Employment Law," Americans with Disabilities Act and Employee Leaves of Absence, Davis & Gilbert Seminar, December 2008
"What the People You Want Will Want From You," Council of Public Relations Firms, Talent Issues Are Impacting the Business seminar, October 26, 2005
PUBLICATIONS
Co-Author, "Recent Rulings Illustrate Important Need For E-Discovery Document Preservation Policy," D&G Litigation Alert, August 2010
Co-Author, "New York Requires Written Disclosure of Pay Rates to New Hires," D&G Labor & Employment Alert, September 2009
Co-Author, “New York’s Highest Court Permits Deductions of Business Costs in Commissions,” D&G Legal Development Alert, June 17, 2008
Co-Author, “Pro Bono – Law Firms: A Gift From The Heart To End Violence Against Women,” The Metropolitan Corporate Counsel, August 2007
Co-Author, “Will Garden Leaves Blossom in the States?,” a chapter in Employee Relations Law Journal, (Aspen Publishers) Autumn 2007
Co-Author, “Operation Success: The Advertising Industry Faces The Diversity Challenge,” The Metropolitan Corporate Counsel, March 2005
Co-Author, “Employment Relationships: Law and Practice,” Aspen Publishers, 1998
Co-Author, Fair Employment Litigation: Text and Materials For Student and Practitioner,” West Publishing Company, 1975
Co-Author of two manuals on employment law and litigation produced under grants from the Equal Employment Opportunity Commission and the New York State Division of Human Rights
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York State Bar Association
New York City Association of Bar, previously on Civil Rights Committee
Solomon Schechter School of Manhattan
Park Avenue Synagogue, Vice President
Town & Village Synagogue, Past President
BAR ADMISSIONS
New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit
U.S. Supreme Court
EDUCATION
Columbia University, J.D., Harlan Fiske Stone Scholar, 1972
Colgate University, with honors in Economics, A.B., cum laude, 1969
