Jonathan L. Sulds

Experience: ADA/ADEA/Discrimination/Harassment: Sklar v. NY Life Insurance Co., 34 Fed. Appx 403 (2d Cir. 2002) [Affirming summary judgments - ADEA]; Priore v. NY Yankees, 307 A.D. 2d 67, 761 N.Y.S. 2d 608 (1st Dept. 2003) [Employer not liable where co-worker harassment alleged; reversing trial court and granting summary judgment.]; Nieves v. Angelo Gordon & Co., 2007 US Dist. LEXIS 27006 (S.D.N.Y. April 10, 2007) [Summary judgment - ADEA]; aff'd 2009 U.S. App. LEXIS 14584 (2d Cir. 2009); ; Collective Bargaining/Traditional Labor Relations: Chief spokesperson in over 75 collective bargaining negotiations in diverse industries including: Alarm Systems, Car Dealers, Computer Hardware Manufacturing, Commercial Printers, Dairy (processing and delivery), Educational Institutions, Electrical Equipment Manufacturing, Electric Utility, Farm Equipment, Film Digital Library, Garment Manufacturing, Health Care (acute care, long term care, home health care ancillary service centers), Hotels, Hydraulic Pump Manufacturing, Magazine Publishing, Newspaper Publishing, Pharmacy Fulfillment, Radio/TV, Recreational Vehicle Manufacturing, Shipping, Sports Teams, Venue Operations (sports, entertainment).; Legal Counsel providing strategic advice for dozens of collective bargaining negotiations in diverse industries including: Aerospace Manufacturing, Automotive Manufacturing, Freight, Media/Newspaper, Package Delivery, Public Sector Electric Utility, Steel Manufacturing, Telecommunications.; Legal Counsel providing strategic advice on intersection of collective bargaining agreements with corporate transaction structures in diverse industries including: Automotive Manufacturing, Dairy, Media, Package Delivery, Shipping, Telecommunications, Utilities.; ; Benefits Related: Chief Counsel and negotiation spokesperson for exit from multi-employer industry association of multiple employer with establishment of new benefit funds; litigation of transfer of benefits and liabilities.; Chief Counsel and negotiation spokesperson in negotiation of withdrawals from underfunded multiemployer pension plans with arbitration of subsequent withdrawal liability calculations (including issues of proper crediting of prior partial withdrawal).; Chief Counsel and negotiation spokesperson/litigation lead over employer wide changes to plans covering bargaining units and nonunion employee alike.; Counsel to employer trustees of jointly trusteed health and welfare and pension plan.; Counsel to employers in numerous audit disputes relating to contributions claimed for contingent and supplemental workers.; ; Bankruptcy: Trial Counsel in Section 1113/Section 1114 proceedings.; Counsel providing strategic advice on negotiations options/alternatives for public sector utility.; Represent employers, potential purchasers of assets, creditor committees and bondholder committees.; ; Labor Litigation: Trial Counsel in over 200 arbitrations involving contract interpretation and discipline issues.; Trial Counsel in more than 30 National Labor Relations Board proceedings (including unfair labor practice, representation and work assignment cases).; Trial Counsel in over 20 injunction proceedings (Boys Markets, police power, National Labor Relations Act Section 10(l)).; ; Corporate Transactions/Bankruptcy: Represent private equity funds in numerous acquisitions.; Territory wide electric power authority.; Deal structure for package delivery company's acquisition of freight forwarding, LTL, Company.; Collective bargaining and labor relations structuring as condition to asset/stock acquisitions and on behalf of debtors and committees of creditors and bondholders in connection with emergence from bankruptcy.; ; Corporate Campaigns: Advised one of America's iconic brands on the strategy it used to end an internet and regulatory agency-based corporate campaign that had sought to sully the client's reputation in order to pressure it into giving in to undisclosed parties' own institutional objectives.; Litigation, labor relations and interface with governmental and public affairs, as well as strategic counsel to employers in various industries including consumer goods, defense, health care and utilities.; ; Project Labor Agreements: Advised New York's iconic sports team on new venue project labor agreement.; Advised major New York City university on project labor agreement.; Advice to developers and tenants on project labor agreements.; ; Duty of Loyalty/Employee Mobility/Restrictive Covenants/Trade Secrets: Counsel to investment banks, private equity funds, hedge funds, insurance brokerages, manufacturing and industrial concerns. Current/recent matters in Massachusetts, Connecticut, New York, New Jersey, Indiana and Texas.; ; ERISA Litigation: Martone v. Whole Foods Market Inc. 2016 U.S. Dist. LEXIS 133703 (W.D.Tex 2016) [Stock drop], Martone v. Robb, 2017 U.S. Dist. LEXIS 122014 (W.D. Tex. Aug. 2, 2017), aff'd 902 F.3d 519 (5th 2018); Skelly v. Ins. Serv. Office, 599 Fed. 409 (BNA) 2939 (2d Cir. 2015). [Dismissal of class action challenging conversion from pension plan's defined benefit structure as violation of ERISA. Appx. 60 Employee Benefits Cases]; Montesano v. Xerox Corp Ret. Income etc., 256 F. 3d 86 (2d Cir. 2001) [Affirming grant of judgment on pleadings dismissing nationwide class of contingent workers' claims for benefits and pursuant to 510 ERISA]; Davenport v. Harry N. Abrams, 249 F. 3d 130 (2d Cir. 2001) [Affirming summary judgment - contingent worker failed to exhaust remedies]; Bakner v. Xerox Corp Employee Stock Ownership Plan, 2000 U.S. Dist. LEXIS 21540 (W.D. Tex 2000); Lawrence v. Xerox etc., 56 F Supp. 2d 442(D. N.J. 1999) [Nationwide putative Varity class action; class certification denied, claims dismissed via motion]; A.P.E. v. Dow Jones, 671 F. Supp. 1365 (S.D.N.Y. 1987) [Plan sponsor not a fiduciary]; ; Executive Employment Arrangements: Design of global regimens.; Negotiating and drafting executive employment and compensation arrangements for: CEO, major trade group;; Global head of structured finance for top tier investment bank;; CEO, international airline;; Americas managing director for top five private equity fund;; Head of Capital Markets for leading middle market investment bank;; General counsel for Fortune 100 global services company;; President of cable television network.; In addition, represent employers in the chemicals, biotech, hedge fund and private equity industries in the structuring of executive employment agreements.; ; Independent Contractors/Contingent Workforce: Hertz Corp. v. C'mmr of Labor, 2 N.Y. 3d 733, 778 N.Y.S. 2d 743 (2004) [New York's Court of Appeals unanimously holds class of individuals are independent contractors and not employees, reversing administrative agency findings]; Montesano v. Xerox Corp Ret. Income etc., 256 F. 3d 86 (2d Cir. 2001) [Affirming grant of judgment on pleadings dismissing nationwide class of contingent workers' claims for benefits and pursuant to 510 ERISA]; Davenport v. Harry N. Abrams, 249 F. 3d 130 (2d Cir. 2001) [Affirming dismissal of contingent worker claim for benefits on exhaustion grounds]; ; Stock Grants/Carried Interests/Bonus Awards: Representing private equity and hedge funds in design and documentation; lead counsel in court and arbitration proceedings involving such arrangements.; Budet v. Tiffany & Co., 155 A.D. 2d 408, 547 N.Y.S. 2d 81 (1st Dept. 1989) [Employer free to choose employees whom it will include in management purchase of company shares in buy-out situation]; ; Wage and Hour: Thomas v. Bed Bath & Beyond, 961 F.3d 598 (2020) (2nd Cir., 2020).; Counsel to telecommunications company in 'BlackBerry' collective actions.; Represents over 300 store specialty sports retailers in nationwide collective action.; Represented leading home furnishings retailer in nationwide class and collective action.; Acted as lead counsel for the nation's leading package deliverer in multiple wage and hour class and collective actions.; Lead counsel, putative nationwide class actions of all managerial employees for Fortune 50 Company.; Department of Labor (DOL) investigation of exempt status of financial planners; district determination to commence litigation reversed by regional solicitor.; Nationwide grocery chain 'off the clock' and related ERISA prohibited transaction claims; ; Whistleblowers/SOX/Occupational Safety and Health Administration (OSHA): Obtaining dismissal of SOX complaint filed by senior financial official of bus manufacturer who claimed safety issues had not been disclosed.; Dismissal of pilot's whistleblower claim against aviation services company and fund owner of airplane; Representing audit committee of biotech company charged by resigning general counsel with failure to make proxy disclosures with respect to research results.; Internal investigations in various industries including entertainment, oil production and financial services.; Some of the above representations were handled by Mr. Sulds prior to his joining Greenberg Traurig LLP.