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David W. Garland

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David W. Garland

David W. Garland

Member
 
Sills Cummis & Gross P.C.
The Legal Center, One Riverfront Plaza
Newark, New Jersey  07102-5400
(Essex Co.)

Telephone: 973-643-7000
Fax: 973-643-6500
http://www.sillscummis.com



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Practice AreasLabor and Employment Law; Employment Discrimination; Wrongful Termination; Sexual Harassment; Mergers and Acquisitions
 
EducationGeorge Washington University, J.D., 1985, College of William and Mary, B.A., 1980
 
Admitted1985, New Jersey, U.S. District Court, District of New Jersey and U.S. Court of Appeals, Third Circuit; 1989, District of Columbia; 1990, U.S. Supreme Court; 1994, U.S. District Court, District of Arizona; 1995, New York and U.S. District Court, Southern and Eastern Districts of New York; 1997, U.S. District Court, Eastern District of Wisconsin
 
MembershipsNew Jersey State, New York State and American (Member, Litigation and Labor Sections) Bar Associations; Association of the Federal Bar of the State of New Jersey.
 
BornPaterson, New Jersey, November 14, 1958
 
BiographyAuthor: "Excluding Contraceptives from a Prescription Plan: An Update," Bender's Labor & Employment Bulletin (May 2007); "When Arbitration Works," The Metropolitan Corporate Counsel (March 2004); "Asserting the Direct Threat Defense Under The Americans With Disabilities Act: What An Employer Should Know," The Metropolitan Corporate Counsel (November 2003); "N.J. Supreme Court Joins Mainstream on Arbitration of Employment Disputes," The Metropolitan Corporate Counsel (November 2002). Co-Author: with Tracey Salmon Smith, "Supreme Court Tackles Important Employment Law Issues in New Term," The Metropolitan Corporate Counsel (December 2001); with Jill Turner Lever, "Reduction in Force Guidelines: Minimizing the Company's Claim Exposure," The Metropolitan Corporate Counsel (March 2001); with Linda B. Katz, "OSHA And The Telecommuter: Perfect Together?" The Metropolitan Corporate Counsel (February 2000); with Lynne Anne Anderson, "The Need to Define Your Workforce: Independent Contractors or Employees?" The Metropolitan Corporate Counsel (September 1999); "The Affirmative Action Defense: Faragher and Ellerth's Impact on New Jersey Employers," New Jersey Law Journal, March 22, 1999; with Cherie L. Maxwell, "EEOC Provides Guidance On 'Reachable Accommodation' Under ADA," The Metropolitan Corporate Counsel (July 1999). Author: "Lessons From The Clinton Sex Case," International Commercial Litigation (July/August 1998); "Sexual Harassment: The Risk One Can Control," International Commercial Litigation (April 1998); "ADR: Considerations and Guidelines for Employers," American Law Institute-American Bar Association (May 1997); "Investigations By Attorneys of Sexual Harassment Claims are Held Subject to Discovery," New Jersey Law Journal (November 18, 1996); "Think Your Release Will Protect You From A Whistleblower Claim? —Think Again!!" Supplement to the New Jersey Law Journal (June 17, 1996); "Whistleblower Claims Are Subject To Arbitration," New Jersey Labor and Employment Law Quarterly (Spring 1996); "Subjecting CEPA Claims To Arbitration," Supplement to the New Jersey Law Journal (August 15, 1994); "Violence and Employee Right-to-Privacy In New Jersey," Cambridge Institute (April 1994); "Scope of Harassment Liability Expands," The National Law Journal (February 8, 1993); "Ethical Conflicts and Professional Considerations-Selected Issues," American Law Institute—American Bar Association (August 1991); "Employment Attorney De-Demonizes Management," Interview with David W. Garland, U.S. Business Litigation (August 1997). Assistant to: U.S. Senator Robert J. Dole, 1980-1981; U.S. Senator Alfonse M. D'Amato, 1981-1982; Governor Thomas H. Kean, 1982-1985. New Jersey Alternate Commissioner to Northeast Interstate Low Level Radioactive Waste Commission, 1985. Council President, Township of Caldwell, 1991-1993. Selected for inclusion in New Jersey Super Lawyers, 2005— and Best Lawyers in America, 2006—.
 
Reported CasesSteven Nunez v. Citibank, N.A., 2009 U.S. Dist. LEXIS 7783 (S.D.N.Y. Feb. 3, 2009); Sonia Pimentel v. Citibank, N.A., 811 N.Y.S.2d 381 (App. Div. 2006); Gerety v. Atlantic City Hilton, 184 N.J. 391 (2005); Lukacinsky v. Panasonic Service Company, 2004 WL 2915347 (D. Mass. Nov. 29, 2004); Tarulli v. Circuit City Stores, Inc., 333 F. Supp.2d 151 (S.D.N.Y. 2004); Pilkington v. Bally's Park Place, Inc., 370 N.J.Super. 140 (App. Div. 2003), reversed, 180 N.J. 262 (2004); DePace v. Matsushita Electric Corporation of America, 257 F. Supp. 2d 543 (E.D.N.Y. 2003); Milligan v. Citibank, N.A., 88 Fair Empl. Prac. Cas. (BNA) 38 (S.D.N.Y. 2001); Prescott v. PNC Bank, 332 N.J. Super. 530 (App.Div. 2000); Campbell v. HSA Managed Care System, 4 Wage & Hour Cas. 2d (BNA) 365 (N.D.Ill, 1997); Brooks v. Village of Ridgefield Park, 185 F.3d 130 (3rd Cir. 1999); Zastrow v. Ikegami Elecs. Inc., 75 Fair Empl. Prac. Cas. (BNA) 929 (D.N.J., 1997); Kelly v. Bally's Grand, Inc., 285 N.J. Super. 422 (App.Div., 1995); Bleumer v. Parkway Inc. Co., 277 N.J. Super. 378 (Law Div., 1994); Stewart v. Personnel Pool of America Inc., 1993 U.S. Dist.; Instructional Sys. v. Computer Curriculum Corp., 130 N.J. 324 (1992); Jalil v. Avdel Corp., 873 F.2d 701 (3d Cir., 1989).
 
ISLN907194093
 


 

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