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.

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The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

Dueling Congressional Plans to Bailout US Childcare

July 21, 2020
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By now, the fact that childcare is in crisis is not new. But as the weeks creep by it is crystallizing as one of the signal problems of the pandemic lockdowns. Without childcare, which includes open K-12 schools, parents, child care workers, day care providers, and a host of others have been deeply affected. As Congress prepares to reconvene and wrangle over a new set of stimulus payments, a boost to the childcare industry is front and center.

The Week in FFCRA Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
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The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

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