August 4, 2021

Alex Berke Quoted in Law 360 Piece on the Cuomo Sexual Misconduct Fallout

In the fallout of the New York State Attorney General Letitia James’ report on her office’s investigation into sexual harassment claims brought against Governor Cuomo, many New Yorkers and Americans are asking, “What’s next?” While the path ahead is still unclear, the report itself provides a cogent roadmap for any potential lawsuits that might come as a result of Cuomo’s actions.

Senior Associate Alex Berke was quoted in Frank Runyeon’s analysis for Law 360, which details the investigation’s potential role to play in future litigation:

A key question for Cuomo and his allies is what will follow the AG's incendiary report, Berke said.

"Even though there's this kind of bombshell report of with so many details of actions of the governor took," Berke said, barring a criminal indictment or impeachment, "all that can come next is whether or not individuals choose to bring a claim against him." If they do, she said, the report certainly provides plenty of behind-the-scenes insight that would greatly improve the specificity of a plaintiff's claims, help craft deposition questions and target discovery requests.

Potential plaintiffs "now have a lot more information about what happened than the usual employee" bringing an employment claim, Berke said. Without ever conducting discovery or deposing a witness, they can benefit from the trove of details in the report, she added.

Click to read the rest of Cuomo Sexual Misconduct Report A Road Map For Lawsuits.

Middle Management Has Millennials Singing the Blues

January 7, 2022
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Millennials are the “hustle” generation. And, just as they are discovering about the treacherous slopes of homeowning, those who are entering middle management are learning that extreme striving doesn’t necessarily lead to a satisfying work life.

Updates to New York State Whistleblower Law

January 5, 2022
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On October 28, 2021, Governor Kathy Hochul signed an amendment expanding the New York Whistleblower Law—§740 of the Labor Law, increasing workplace protections against retaliation for private-sector employees while increasing employer liability.

NY State Mask Mandate Returns

December 22, 2021
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In light of the Omicron threat, New York State has resumed its mask mandate, stipulating that all businesses that are open to the public and do not require proof of full vaccination must require everyone to be masked.

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