Philbin Law News



"Can Companies Lower Their Risk of Sexual Harassment Claims?" By Joanna Garelick Goldstein and Lisa Parlo  |  N.Y.L.J. February 08, 2018

Corporations today must ask themselves not only if they are doing enough to avoid liability with regards to harassment claims but also if they are doing enough to combat the culture of harassment that exists in many workplaces.

"Crisis Management: Is Your Company Prepared?" By Samuel Estreicher and James Philbin | N.Y.L.J. December 01, 2017

Recent disclosures that key employees have engaged in sexually abusive practices towards coworkers and job aspirants raises to the fore serious practical questions for corporate executives and in-house counsel. What should the company do to prepare for and manage crises?

Samuel Estreicher was quoted in The New Yorker magazine's 11.21.17 online piece entitled "Harvey Weinstein's Secret Settlements" on the issue of nondisclosure agreements. 

The category of cases where I think we have a problem is the heavy hitters, the rainmakers,” Samuel Estreicher, a professor of law at New York University whose work focusses on employment issues, told me. In cases like Weinstein’s, Estreicher said, “repeat offenders are able to operate under a cloak of silence with the help of nondisclosure agreements.

The November 12th, 2017 edition of featured an article by Samuel Estreicher discussing nondisparagement or nondisclosure clauses in settlement agreements.

NDAs have become more common in number in recent years and are especially prevalent in the entertainment and media industries. As the cases of Harvey Weinstein, Bill O’Reilly and others show, the use of NDAs threatens workplace safety and morale, by giving repeat offenders impunity to victimize others. The federal government can help to curb these abuses — by exercising regulatory powers it already possesses.

The Philbin Law Firm was featured in the 9.22.17 edition of the New York Law Journal