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: School Reopenings and Employer Liability among Hot-button Issues

July 17, 2020
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This week includes updates on the latest roadblocks at another round of stimulus, which remains necessary as more than 30 million Americans remain out of work, officially, and countless more are shut out of the social welfare programs offered in the US. We also highlight school re-openings and general Covid risk analysis.

New Study Finds Sexual Harassment Pervasive in the Legal Professions

July 15, 2020
Sexual Harassment
Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace?

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