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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Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

The Week in FFCRA Complaints

June 26, 2020
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Disability Discrimination
This is the second installment in our roundup of FFCRA complaints. As we noted in the first post, we will be keeping you up to date with all the cases and highlighting the ones that we think have special bearing on our practice, employment law in New York State, or are just particularly noteworthy.

Berke-Weiss Law Weekly Roundup

June 26, 2020
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This week we’re looking at how women’s job losses are bad for the hops of a wider economic recovery, New York’s plans for phase three of reopening, and the trend to home birth trends, which we will also be discussing at greater length in a multi-post blog about coronavirus’s effects on pregnancy, abortion, and childbirth, specifically for low-income black women and women of color.

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