EMPLOYMENT LAW
Our firm is unique in that we represent both employers and employees in a wide variety of employment related matters. Our experience working on both sides of the issues that arise in employment matters gives us unique insights that we employ to help our clients resolve their problems in the most favorable fashion.

Counseling Employers
We play an important advisory role for New York area businesses. We advise startups as well as long standing, established businesses on best practices to avoid litigation and to create a working environment that complies with all employment-related laws. We also have specific experience in counseling and assisting not-for-profit organizations.

Our clients consult with us in setting up employment policies, drafting or updating employee handbooks, and drafting employment contracts or severance agreements. We spend a significant amount of time learning about our clients’ businesses and the types of employees they employ. We probe to find out what issues a client encountered in the past and brainstorm with the client to find appropriate solutions. We are always available to answer follow up questions as soon as they arise.

When litigation does become necessary, we represent our employer clients in investigations and litigation brought by city and state agencies such as the New York State Department of Labor, the New York State Division of Human Rights, the New York City Commission on Human Rights and the New York City Department of Consumer Affairs. We have handled a wide range of cases, including failure to pay minimum wage or overtime wages, failure to provide paid sick leave, as well as allegations of harassment and discrimination.
We have also defended our employer clients in lawsuits filed by former employees in federal and state courts regarding failure to pay overtime, breach of employment contracts, and all forms of harassment and discrimination.

Representing and Advising Employees
Employees often contact us after receiving a job offer for assistance in drafting and negotiating an employment agreement. Or, on the other extreme, we assist clients who have been terminated from their job by reviewing a severance agreement and negotiating a severance package.. We provide valuable experience, insight and advice in these areas to give clients assurance that their rights are being protected at a difficult time in their lives. We also assist our clients by advising them regarding non-compete or non-solicitation restrictions.

We represent employees in a variety of employment-related lawsuits including:
(i) All types of discrimination cases including: gender, race, age, sexual orientation, religious, disability, and national origin discrimination;
(ii) Sexual and other harassment;
(iii) Family and Medical Leave Act (“FMLA”) cases;
(iv) Breach of employment contracts;
(v) Breach of covenants not to compete and confidentiality clauses; and
(vi) Wage and hour disputes.

CRIMINAL DEFENSE
M&B attorneys have represented clients in criminal matters running the gamut from securities fraud and public corruption to capital murder and racketeering, including virtually every type of case in between. Our firm has an excellent reputation among judges and prosecutors in the New York metropolitan area, and our depth of experience, substantive expertise, and trial skills ensure that an individual who has been charged with a crime will receive the highest quality representation. Our firm has extensive experience guiding clients through the indictment, negotiation, trial, and appeal phases of a criminal case, and we are committed to devoting our full effort, attention, and resources to every step of the case. This personalized commitment to our clients is indispensable at what is likely one of the most trying times of their lives.

In addition, our firm routinely helps clients with inquiries and investigations brought by federal, state, and local law enforcement authorities and regulatory agencies. We have represented targets of grand jury investigations and witnesses who have been called to testify in the grand jury, and we have successfully helped clients under investigation avoid indictment by providing sound advice and effectively advocating on behalf of our clients before prosecuting and regulatory authorities.

COMMERCIAL LITIGATION
M&B attorneys are seasoned commercial litigators with extensive experience representing large companies, family owned companies, start-ups and individuals in federal and state courts and in arbitrations.
The firm handles cases involving:
• breach of contract and related commercial disputes,
• partnership disputes,
• fraud and breach of fiduciary duty claims,
• intellectual property infringements,
• trade secret and unfair competition disputes,
• breach of non-compete, non-solicitation and confidentiality agreements (restrictive covenants), and
• commercial torts.

In addition, the firm regularly advises clients on business, strategic, and legal matters prior to litigation and in hopes of avoiding litigation whenever possible
We have substantial trial and arbitration experience and, from the outset, prepare each case in anticipation of a possible trial at every stage of a litigation. Our experience and willingness to take cases to trial puts our clients in the best position to resolve their cases favorably at any stage of a litigation.
We also understand that sometimes a dispute is best resolved without resort to litigation. Thus, we strive to determine and pursue our clients’ goals at each step of the representation, whether through litigation or through alternative dispute resolution. We always work closely with our clients to formulate a cost-effective, efficient strategy for each matter with the aim of achieving the best result possible. We are willing to consider alternative fee arrangements that closely align our interests with our clients’ interests.

MEDIATION
Chaim has received extensive training as a mediator and has worked as a mediator, both privately retained and in the federal SDNY and EDNY mediation programs. Chaim is proud to say that he has successfully resolved a number of employment, wage and hour, and breach of contract cases in those mediations.

M&B offers mediation services which focus primarily on resolving cases involving employment discrimination, employment contracts and wage and hour violations.

Here are a few reasons why our mediation services are unique:

A) A different perspective – we have worked in the area of employment law for more than twenty years, representing both small employers and employees, and have litigated and tried cases in state and federal courts, as well as in arbitration on behalf of both employers and employees. In the course of mediating cases, we bring the perspective of a practicing lawyer, who worked in the trenches and understands the competing interests and behind the scenes issues in most employment cases. While it is sometimes helpful to have a retired judge serve as mediator, there are times that a mediator with the practical experience of litigating employment cases is a valuable resource.

B) Substantive knowledge – There is a value in having a mediator who knows the substantive law. You start off speaking the same language and don’t have to provide extensive background information. Court-appointed mediators and even some privately retained mediators do not necessarily have any background in or knowledge of employment law.

C) Cost – The larger mediation firms charge fees that can exceed $10,000 for a single mediation session, leading many clients to question if it is really worth mediating if there is no guarantee of settlement. We offer alternatives of reasonable hourly rates or flat fee daily rates for mediations.