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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Americans Still Uncomfortable Returning to Work or Being in Crowds

May 20, 2020
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As we learn more about the virus, one thing that is increasingly clear is that many of the major outbreaks are occurring at the workplace, with significant hotspots at prisons, call centers, meat processing facilities, and warehouses where many people are crammed together in poorly ventilated areas. At the end of April, 66% of workers were not comfortable returning to the workplace.

Culture Wars, Not Class Struggle, at the Root of Anti-Lockdown Protests

May 19, 2020
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Though media outlets, politicians and protestors all claim that these protests against shutdown represent the will of the working class, polls have repeatedly shown that the less income you have, the more likely you are to be concerned about infection.

Early Discrimination Lawsuits Under Families First Act Highlight Potential New Front in Employment Discrimination

May 15, 2020
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The Families First Act stipulates that employers must give employee-parents whose children’s day care facilities or schools closed in response to coronavirus paid leave if they cannot work remotely. Lawsuits are already being filed relating to violations of this Act, and family responsibilities discrimination will be a growing field in the coming months.

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