People: Dov Kesselman, Partner

Photo of Dov Kesselman, Partner

Dov Kesselman

Partner

New York
Direct: (212) 218-5507
Fax: (212) 218-5526
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Mr. Kesselman is a partner in the New York office of Seyfarth Shaw LLP where he represents management in all aspects of employment law. He has broad litigation, arbitration and trial experience defending employers and management against claims of discrimination and harassment under federal, state and city anti-discrimination laws, claims under the Fair Labor Standards Act and ERISA, wrongful termination, breach of contract and related theories, and enforcement of restrictive covenant/non-competition issues. Mr. Kesselman actively defends and oversees litigations throughout the East Coast and around the country, and represents local, national, and international clients.  In addition, to his federal and state court practice, Mr. Kesselman regularly litigates in private arbitration and mediation forums. Mr. Kesselman also counsels management and human resources professionals on workplace issues, including employee relations, internal complaints and investigations, FMLA and ADA issues, FLSA training, and restrictive covenants, as well as other issues with which employers are routinely faced. He has broad experience conducting sensitive internal investigations for employment clients. Mr. Kesselman also represents clients in negotiating executive employment and separation agreements, as well as assisting companies in the protection of corporate assets and trade secrets. Mr. Kesselman represents individual and corporate clients before government and regulatory agencies in employment matters. 

Mr. Kesselman serves as the Hiring Partner for the New York office of Seyfarth Shaw, is the Assigning Partner for the Labor and Employment practice group in New York, and is the New York lead for the Firm’s national Single Plaintiff Litigation practice group.  Mr. Kesselman is a member of the New York office’s Leadership Team.  Mr. Kesselman was recognized as one of SuperLawyers magazine’s 2011 Rising Stars in Labor and Employment, and has consistently been recognized as SuperLawyers magazine’s New York Metro Super Lawyers in Employment Litigation from 2013-2015.

Mr. Kesselman is a partner in the New York office of Seyfarth Shaw LLP where he represents management in all aspects of employment law. He has broad litigation, arbitration and trial experience defending employers and management against claims of discrimination and harassment under federal, state and city anti-discrimination laws, claims under the Fair Labor Standards Act and ERISA, wrongful termination, breach of contract and related theories, and enforcement of restrictive covenant/non-competition issues. Mr. Kesselman actively defends and oversees litigations throughout the East Coast and around the country, and represents local, national, and international clients.  In addition, to his federal and state court practice, Mr. Kesselman regularly litigates in private arbitration and mediation forums. Mr. Kesselman also counsels management and human resources professionals on workplace issues, including employee relations, internal complaints and investigations, FMLA and ADA issues, FLSA training, and restrictive covenants, as well as other issues with which employers are routinely faced. He has broad experience conducting sensitive internal investigations for employment clients. Mr. Kesselman also represents clients in negotiating executive employment and separation agreements, as well as assisting companies in the protection of corporate assets and trade secrets. Mr. Kesselman represents individual and corporate clients before government and regulatory agencies in employment matters. 

Mr. Kesselman serves as the Hiring Partner for the New York office of Seyfarth Shaw, is the Assigning Partner for the Labor and Employment practice group in New York, and is the New York lead for the Firm’s national Single Plaintiff Litigation practice group.  Mr. Kesselman is a member of the New York office’s Leadership Team.  Mr. Kesselman was recognized as one of SuperLawyers magazine’s 2011 Rising Stars in Labor and Employment, and has consistently been recognized as SuperLawyers magazine’s New York Metro Super Lawyers in Employment Litigation from 2013-2015.

Education

  • J.D., New York University School of Law (1996)
    Staff Editor, Review of Law and Social Change
  • B.A., Yeshiva University, summa cum laude (1993)
    Valedictorian; Stanley Broff Memorial Award for Excellence in Economics; Gottesman Award for Scholarship, Ethics & Character

Admissions

  • New York
  • Pennsylvania

Courts

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern, Northern, Southern and Western Districts of New York
  • U.S. District Court for the District of Connecticut

Affiliations

  • New York State Bar Association
  • Federal Bar Council
  • Yeshiva University General Counsel’s Council (Member, 2008-Present)
  • Society for Human Resource Management (Member, 2016-Present)

Representative Engagements

  • Bellucia v. The Cooper Union, Index No. 100054/2016 (LB) (N.Y. Sup. Ct. New York Cty. Aug. 3, 2017) (obtained full dismissal of Article 78 Petition brought by student challenging his dismissal from the school)
  • Oguejiofo v. Bank of Tokyo-Mitsubishi LTD, et al, Case No. 14-4513 (D.N.J.), aff’d  Case No. 16-3872 (3rd Cir. July 31, 2017) (obtained full dismissal on summary judgment of Complaint alleging race and national origin claims under Title VII and the New Jersey Law Against Discrimination, affirmed on appeal by Third Circuit Court of Appeals)
  • Gerson v. Albert Einstein College of Medicine of Yeshiva University, Index No. 100875/16 (MJM) (N.Y. Sup. Ct. New York Cty. Apr. 6, 2017) (obtained full dismissal of Article 78 Petition brought by student challenging his dismissal from the school)
  • U.S. ex rel. Youssef v. Tishman Construction Corp., et al, Case No. 12-CV-03862 (DLI)(RER) (E.D.N.Y. Mar. 23, 2017) (obtained full dismissal on motion to dismiss Complaint by former employee alleging claims under the federal and New York State False Claims Acts)
  • Kenney v. Trinity School, et al, Index No. 161600/2013 (Sup. Ct. N.Y. Cty. Dec. 20, 2016) (obtained full dismissal on summary judgment of Complaint alleging gender, sexual orientation, age, and marital status discrimination, retaliation, and breach of contract claims under the NYS Executive Law and NYC Administrative Code) 
  • Padilla v. Yeshiva University, et al, Case No. 15-CV-9203 (VEC) (S.D.N.Y. Nov. 7, 2016) (obtained full dismissal on motion to dismiss Complaint alleging breaches of the collective bargaining agreement, retaliation under the Family Medical Leave Act, and disability discussion under the NYC Administrative Code)
  • Washington v. Benjamin N. Cardozo School of Law, Index No. 101364/2015 (JMK) (N.Y. Sup. Ct. New York Cty. Aug. 5, 2016) (obtained full dismissal of Article 78 Petition alleging race discrimination and challenging finding of plagiarism)
  • Rosh v. Yeshiva University, Index No. 101213/2014 (MAC) (N.Y. Sup. Ct. New York Cty. Nov. 4, 2015) (obtained full dismissal of Article 78 Petition challenging denial of tenure to former professor)
  • Famoso v. Marshalls of MA, Inc. and The TJX Companies, Case No. 12-CV-4863 (DLI/VVP) (E.D.N.Y. Sep. 30, 2015) (obtained full dismissal on summary judgment of Complaint alleging age discrimination under the ADEA and the New York City Human Rights Law)
  • Diaw v. Palm Bay International, Inc., et al, Index No. 105406/2010 (RDK) (N.Y. Sup. Ct. N.Y. Cty. July 6, 2015) (obtained full dismissal on summary judgment of Complaint alleging race and sex discrimination, sexual harassment, and retaliation, and awarded judgment on counterclaim against Plaintiff on debt together with award of costs, fees, and interests.)
  • Lipsky v. Ferkauf Graduate School of Psychology, Yeshiva University, and Lawrence J. Siegel, Index No. 260209/2012 (JIR) (N.Y. Sup. Ct. Bronx Cty. Dec. 10, 2013), aff’d (App. Div. 1st Dep. Apr. 21, 2015) (obtained full dismissal after four day trial of student petition challenging expulsion, affirmed on appeal to Appellate Division, First Department)
  • Colon-Regus v. FEGS Health and Human Services Systems, Case No. 1:12-CV-02223 (AT) (KNF) (S.D.N.Y. Mar. 11, 2015) (obtained full dismissal on motion to dismiss of Complaint alleging race, gender, age, color, national original, and disability discrimination under Title VII, ADEA, ADA, retaliation and hostile work environment, FMLA violations, and state law claims for slander, defamation, and invasion of privacy)
  • Sell It Social, LLC, d/b/a Rebel Circus v. Strauss, Case No. 15-CV-00970 (PKC) (AJP) (S.D.N.Y. February 10, 2015) (obtained temporary restraining order, followed by preliminary injunction against former employee for unlawful theft of company information)
  • Fisher v. Yeshiva University, Index No. 150558/2012 (N.Y. Cty. October 21, 2014) (obtained full dismissal on summary judgment of Complaint alleging age discrimination claims under New York City Human Rights law)
  • Morrison v. International Union of Operating Engineers Local 14-14B, AFL-CIO, et al, Case No. 12-CV-00301 (FB) (E.D.N.Y. July 30, 2014) (obtained full withdrawal and dismissal of all class and individual claims of race and gender discrimination against over 20 construction industry contractors after motion to dismiss and oral argument)
  • Bird v. HomeGoods, Inc., The TJX Companies, Inc., and Shawn Benjamin, Docket No. HNT-L-111-11 (PAB) (N.J. Sup. Ct., Law Div., Somerset Cty. Dec. 21, 2012), aff’d Docket No. A-3045-12T1 (N.J. App. Div. Apr. 3, 2014) (obtained full dismissal on summary judgment, affirmed on appeal, of race discrimination, disability discrimination, hostile work environment, and retaliation claims under New Jersey Law Against Discrimination)
  • Antoniello v. Hush Puppies Retail, Inc., d/b/a Rockford Footwear Depot, Case No. 12-cv-1411 (FLW)(TJB) (D.N.J. Sept. 30, 2013) (obtained full dismissal of discrimination case based on motion for sanctions against Plaintiff for discovery failures)
  • Greystone Funding Corp. v. Ephraim Kutner, Jonathan Kutner, Harborview Capital Partners LLC, Index No. 651926/2013 (N.Y. Sup. Ct., New York Cty. Nov. 6, 2013) (obtained full dismissal on motion to dismiss of breach of contract, non-competition, non-solicitation, breach of covenant of good faith and fair dealing, breach of duties, faithless servant, tortious interference with contract, tortious interference with prospective economic advantage and prospective business relations, unfair competition, unjust enrichment, and accounting/construct trust claims by former employer against former employees and competitor corporation; Court further permitted separate action filed on behalf of clients for in excess of $30,000,000 to proceed against Greystone Funding Corp. in Ephraim Kutner v. Greystone Funding Corp. and Stephen Rosenberg, Index No. 652210/2013 (N.Y. Sup. Ct., New York Cty., Nov. 6, 2013)
  • Torres v. Marshalls of MA, Inc., Case No. 3:12-cv-05526 (JAP) (D.N.J. June 24, 2013) (obtained full withdrawal by Plaintiff and dismissal with prejudice of all claims, including disability discrimination, after aggressive discovery forcing Plaintiff to abandon claims)
  • Lipsky v. Gonzalez, Feldman, Suchday, Holtzer, Ferkauf Graduate School of Psychology, and Yeshiva University, Index No. 20934/2012E (AWH) (N.Y. Sup. Ct. Bronx Cty. Mar. 19, 2013) (obtained full dismissal on motion to dismiss of defamation claims by former student)
  • Guimaraes v. HomeGoods, Inc. and The TJX Companies, Inc., Civ. No. 2:12-cv-01250 (WJM)(MF) (D.N.J. Dec. 20, 2012) (obtained dismissal on motion to dismiss on all claims, including claims for gender discrimination, sexual harassment, retaliation, wrongful termination, and FLSA violations)
  • Ahmed v. Interstate Management Company, Case No. 2:11-CV-00683 (FSH)(PS) (D.N.J. July 25, 2012)(obtained full dismissal on summary judgment of race, national origin, religion, sex, hostile work environment, and retaliation claims under New Jersey Law Against Discrimination)
  • Paulino v. Hazel I, Inc., d/b/a McDonald’s, Docket No. MID-L-10469-09 (AB) (N.J. Sup. Ct., Law Div., Middlesex Cty. October 28, 2011) (obtained full dismissal on summary judgment of sexual harassment and hostile work environment claims under New Jersey Law Against Discrimination)
  • Bright v. The TJX Companies, Inc. d/b/a T.J. MAXX, Index No. 80229/2011 (JNM) (N.Y. Sup. Ct., Richmond Cty. Sept. 21, 2011) (obtained full dismissal on motion to dismiss of all claims in Article 78 challenge of NYS Division of Human Rights finding of no probable cause in claims of discrimination based on race, color, national origin, age and disability)
  • Jaafari v. Bank of Tokyo-Mitsubishi UFJ. Ltd, Case No. 10-CV-4060 (AKH) (S.D.N.Y. Sept. 2, 2011), aff’d (2d Cir. Jan. 30, 2013)  (obtained dismissal on summary judgment of all claims, including claims of discrimination on the basis of race, sex, religion, national origin, age and disability, retaliation, and invasion of privacy; affirmed by Second Circuit)
  • Apionishev v. Yeshiva University, Case No. 10-CV-7742 (SAS) (S.D.N.Y. June 7, 2011) (obtained dismissal on motion to dismiss of all claims, including claims of sexual orientation and disability discrimination under federal and state statutes, conspiracy, and intentional and negligent infliction of emotional distress)
  • Connolly v. The TJX Companies, Inc., Case No. 07-CV-3282 (JS/WDW) (E.D.N.Y. Dec. 30, 2010) (obtained summary judgment and dismissal of all claims in multi-plaintiff case, including claims of sexual harassment, retaliation, fraudulent inducement, duress, and coercion, after previously securing dismissal of numerous other claims)
  • Chen v. Marshalls Department Store, Case No. 100803782  (Court of Common Pleas of Philadelphia Cty., First Judicial Dist. Dec. 10, 2010) (obtained full dismissal on preliminary objections/motion to dismiss of all claims in case alleging wrongful termination and intentional infliction of discrimination)
  • Feliz v. HF Management Services, LLC, Case No. 09-CV-9228 (RMB) (S.D.N.Y. Aug. 10, 2010) (secured voluntary dismissal with prejudice of case alleging gender discrimination after discovery and depositions)
  • Kuppam v. Yeshiva University-Albert Einstein College of Medicine,Index No. 308006/09 (GW) (N.Y. Sup. Ct., Bronx Cty. March 31, 2010) (obtained full dismissal on motion to dismiss of all claims, including claims of national origin discrimination, age discrimination, and retaliation)
  • Kanuk v. International Barcode Corp.,Index No. 600213/09 (EB) (N.Y. Sup. Ct., N.Y. Cty. January 21, 2010) (obtained full dismissal on motion to dismiss of all claims, including claims of breach of contract, unjust enrichment, promissory estoppel, and violations of New York Labor Law)
  • Adams  v. Canon U.S.A., Inc., Case No. 2:07-cv-03512 (DRH) (E.D.N.Y. Sep. 22, 2009) (secured summary judgment and dismissal of all claims, including claims of sex discrimination and retaliation)
  • Petrizzo v. Altana Inc., Index No. 2353/06 (AIG) (N.Y. Sup. Ct., Nassau Cty. May 21, 2009) (obtained summary judgment and dismissal of all claims, including claims of race, national origin and sex discrimination, hostile work environment, and intentional and negligent infliction of emotional distress)
  • Taylor v. Australia and New Zealand Banking Group Limited, Case No. 08-CV-2204 (BMC) (E.D.N.Y. Nov. 14, 2008) (secured voluntary dismissal of case alleging disability discrimination, after discovery and Rule 11 demand)
  • EEOC v. McCormick& Schmick’s, Inc., No. 06-CV-7806 (S.D.N.Y. Mar. 17, 2008) (negotiated favorable consent decree after extensive litigation in EEOC pattern or practice case alleging race discrimination in the terms and conditions of employment).
  • Deluca v. Bank of Tokyo-Mitsubishi UFJ Ltd. , Case No. 06-CV-5474, 2008 U.S. Dist. LEXIS 25916 (JGK) (S.D.N.Y. Mar. 29, 2008) (obtained summary judgment and dismissal of all claims, including claims of age and national origin discrimination, breach of express and implied contract, and fraudulent inducement)
  • Deluca v. Bank of Tokyo-Mitsubishi UFJ Ltd., Case No. 06-CV-5474 (JGK/KNF), 2007 U.S. Dist. LEXIS 64807 (S.D.N.Y. Aug. 30, 2007) and 2007 U.S. Dist. LEXIS 92190 (S.D.N.Y. Dec. 17, 2007) (granting motion for protective order on behalf of employer precluding deposition of senior executive, and awarding attorney’s fees to employer)
  • Hood v. Fox-Pitt Kelton, Inc., NASD No. 05-02274 (NASD May 23, 2006) (obtained defense verdict after six days of hearings on all claims brought by former employee, including claims of breach of contract, wrongful termination, retaliation, unjust enrichment, breach of fiduciary duty)
  • Angel v. Bank of Tokyo-Mitsubishi, LTD, et al, Index No. 107341/05 (N.Y. Sup. Ct. Mar. 15, 2006), aff’d, 2007 NY Slip Op 03352 (1st Dept. April 19, 2007) (obtained dismissal of all claims on motion to dismiss, including claims of sex discrimination, sexual harassment, anticipatory breach, promissory estoppel, and fraudulent inducement)
  • Bradley v. TIAA-CREF, No. 04 Civ. 2434 (RCC)(KNF) (S.D.N.Y. Oct. 20, 2005) (obtained summary judgment and dismissal of all claims of discrimination under ADEA and Title VII based on release, despite challenge to release under OWBPA)
  • Capin v. Prudential Equity Group, LLC, NASD Dispute Resolution Arbitration No. 04-06579 (N.A.S.D. May 25, 2005) (obtained full dismissal of claims of wrongful termination, breach of contract, failure to pay wages, and defamation upon motion to dismiss in advance of discovery and hearings)
  • Robert Half International v. Park et al., 04-CV-6510 (CJS)P (W.D.N.Y. Nov. 2004) (obtained stipulated judgment and order awarding injunctive relief and damages after filing motion for permanent injunction to enforce non-compete and prevent theft of trade secrets)
  • Shafer v. TBI Airport Management Inc., No. 02-CV-1582 (N.D.N.Y. July 20, 2004) (obtained summary judgment on claims of sex and national origin discrimination claims, hostile work environment, retaliation and constructive discharge)
  • Hildenbrandt v. TBI Airport Management Inc., No. 02-CV-1504 (N.D.N.Y. May 6, 2004) (obtained summary judgment on claims of sex and national origin discrimination claims, hostile work environment, retaliation and constructive discharge)
  • Best v. Prudential Securities, Inc., 03-Civ.-2814 (S.D.N.Y. June 26, 2003, Aug. 25, 2003, and Feb. 2, 2004) (obtained dismissal of large portions of race and age discrimination claims on statutory limitations grounds; later obtained summary judgment on remainder of discrimination claims)
  • Aguilar v. Penhaligon’s Inc., 02-Civ.-9210 (S.D.N.Y. Apr. 30, 2003) (obtained summary judgment on all counts in national origin and race discrimination case based on corporate successorship liability issues)
  • Willson v. BNP Paribas, Index No. 601361/02, (N.Y.L.J. Dec. 27, 2002 at 22) (Sup. Ct. N.Y. Co. Dec. 16, 2002) (obtained dismissal of case brought by investment banker for nonpayment of bonuses, breach of contract, quantum merit and violations of N.Y. Labor Law § 198)
  • Gasparri v. ABN AMRO, Inc., Index No. 102676/00, (N.Y. Sup. Ct. Jul. 19, 2002) (obtained summary judgment dismissing claims of sexual harassment and discrimination)

Presentations

  • “How to Stay in the Office and Out of Court: Key U.S. Employment Laws Israeli Managers Need to Know to Avoid Financial and Legal Penalties,” The Israel Export & International Cooperation Institute, Tel Aviv, Israel (March 10, 2016)
  • "Employees v. Independent Contractors: Avoiding the Pitfalls of Misclassification," presented by The Coalition of Behavioral Health Agencies, Inc. (November 21, 2014)
  • “Ethical Considerations for In-House Counsel,” Yeshiva University General Counsel’s Council (December 20, 2012)
  • “Navigating the New Overtime Regulations,” Harvard Club, New York, NY (May 19, 2004)
  • “Navigating the New Overtime Regulations,” Harvard Club, New York, NY (May 13, 2004)
  • “Employment Law Update,” Grand Hyatt Hotel, New York, NY (October 8, 2003)

Publications

Accolades

  • New York Metro Super Lawyers (2013–2017)
  • Super Lawyers New York – Rising Stars (2011)