Gena B.Usenheimer
Partner
Labor & Employment
gusenheimer@seyfarth.com
Gena co-leads the Firm’s Transactional Risk Insurance Group, serving as lead underwriting counsel on hundreds of RWI deals each year. Gena’s unique practice allows her to combine her significant employment law counseling and litigation experience with her extensive buy-side diligence work.
More About Gena
Gena is the co-creator and co-leader of Seyfarth’s interdisciplinary Transactional Risk Insurance Group. Operating as a model of cross-departmental entrepreneurship, the Transactional Risk Insurance Group has quickly become one of the industry’s leading underwriting counsel practices. Gena and her team of over 60 Seyfarth attorneys world-wide advise RWI markets on all aspects of a deal, including advising at the pre-bid stage, crafting deal-specific and highly tailored underwriting call agendas, leading underwriting calls, running the underwriting process, preparing narrowly tailored exclusions, identifying key legal risks and assisting with policy drafting. The Seyfarth team’s experience extends beyond traditional reps deals, and has grown to encompass real estate and REIT transactions as well as acquisitions relating to music publishing. Further, leveraging the Firm’s long history of success in the capital market space, the Seyfarth team is the RWI market-leader in secondary transactions. The Transactional Risk Insurance Group also serves as underwriting counsel on contingent risk and tax policies, and continues to grow.
Gena’s practice also includes employment advice and counsel, and litigation work. Gena counsels employers, works with them to avoid litigation, and represents her clients in litigation, as necessary. Gena routinely leads the defense of single-plaintiff, multi-plaintiff, and complex class and collective actions, including for some of the Firm’s largest clients.
Over her 19 years of practicing employment law, Gena has gained substantial litigation experience in both state and federal courts, and has successfully defended clients facing claims of discrimination, hostile work environment, and retaliation arising under federal, state, and municipal laws. She has defended employers in wage and hour class and collective actions, complex discrimination class actions, class and individual arbitrations, and in administrative proceedings before various agencies, such as the US Equal Employment Opportunity Commission and the New York State Division of Human Rights. Gena has also assisted clients in navigating wage and hour investigations and audits before the US Department of Labor and state investigative agencies.
Prior to joining Seyfarth, Gena defended the MTA New York City Transit Authority in employment disputes.
Gena’s practice also includes employment advice and counsel, and litigation work. Gena counsels employers, works with them to avoid litigation, and represents her clients in litigation, as necessary. Gena routinely leads the defense of single-plaintiff, multi-plaintiff, and complex class and collective actions, including for some of the Firm’s largest clients.
Over her 19 years of practicing employment law, Gena has gained substantial litigation experience in both state and federal courts, and has successfully defended clients facing claims of discrimination, hostile work environment, and retaliation arising under federal, state, and municipal laws. She has defended employers in wage and hour class and collective actions, complex discrimination class actions, class and individual arbitrations, and in administrative proceedings before various agencies, such as the US Equal Employment Opportunity Commission and the New York State Division of Human Rights. Gena has also assisted clients in navigating wage and hour investigations and audits before the US Department of Labor and state investigative agencies.
Prior to joining Seyfarth, Gena defended the MTA New York City Transit Authority in employment disputes.
- JD, Brooklyn Law School
Cum laude
Dean’s list
Notes and Comments Editor, Brooklyn Journal of International Law
Moot Court Honor Society - BA, Emory University
Dean's list
- New York
- US Court of Appeals, Second Circuit
- US Court of Appeals, Third Circuit
- US Court of Appeals, Ninth Circuit
- US District Court, Eastern District of New York
- US District Court, Northern District of New York
- US District Court, Southern District of New York
Related Services
- Representing accounting and insurance industry clients in litigation seeking overtime pay as a result of alleged misclassification of employees as exempt under federal and state wage and hour laws.
- Representing restaurant industry clients in FLSA collective actions for unpaid wages and overtime.
- Representing a hotel chain in a U.S. Department of Labor audit regarding minimum wage, overtime and appropriate classifications under federal wage and hour law.
- Representing health care facility in New York State Department of Labor audit regarding unpaid overtime wages.
- Representing nationwide construction company in single plaintiff litigations, typically involving discrimination, hostile work environment and retaliation claims.
- Representing nationwide technology company in single plaintiff gender/age discrimination litigation.
- Representing nationwide accounting client in single plaintiff gender/age discrimination litigation.
- Representing a real estate management company in an FMLA and New York City law discrimination litigation.
Related Trends
Related News & Insights
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Sep 16, 2024
Into the Breach Podcast - Episode 35: RWI Claims: Everything You Want to Know
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08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
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Into the Breach Podcast - Episode 34: New Opportunities in Contingent Risk
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Apr 23, 2024
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- Recognized by The Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2020-2025)
- Ranked "Up and Coming" in Labor & Employment (New York) by Chambers USA (2021-2022); Ranked Band 5 in Labor & Employment (New York) by Chambers USA (2023-2024)
- Recognized in New York Metro Super Lawyers for Employment & Labor (Thomson Reuters) (2021-2023)
- Recognized in New York Metro Super Lawyers "Rising Stars" for Employment & Labor (Thomson Reuters) (2015-2020)
- Recognized in New York Metro Super Lawyers as one of the "Top Women for Employment & Labor Law" (Thomson Reuters) (2016)
- Recognized by Chambers as a New York "Rising Star" (2015)
- Lawyer’s Alliance for New York 2011 Cornerstone Award for Outstanding Pro Bono Legal Services to Nonprofits
- Author, "NY Governor Hochul Signs Statewide “Freelance Isn’t Free” Act," Legal Update, Seyfarth Shaw LLP (November 30, 2023)
- Co-Author, "5 Buyers' Counsel Tips For R&W Insurance Underwriting Calls," Law360 (September 21, 2021)
- Co-Author, "Expense Reimbursements in the Era of Remote Working," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (January 21, 2021)
- Co-Author, "New York City Enlists Short-Term Rental Industry in Effort to Enforce Tri-State Quarantine Requirements," Legal Update, Seyfarth Shaw LLP (August 24, 2020)
- Co-Author, "What do you call the axing of some DOL Section 7(i) interpretive regs? A good start," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 21, 2020)
- Co-Author, "How An M&A Tool Can Benefit Bankruptcy Sales," Law360 (May 7, 2020)
- Co-Author, "New York Issues Executive Order Requiring Employers to Provide Essential Workers with Face Masks," Legal Update, Seyfarth Shaw LLP (April 13, 2020)
- Co-Author, "New York Governor Signs Executive Order Requiring 100% In-Person Workforce Reduction for Non-Essential Businesses and Tolling Statutes of Limitations," Legal Update, Seyfarth Shaw LLP (March 21, 2020)
- Co-Author, "New York Governor Announces 100% In-Person Workforce Reduction for Non-Essential Businesses and Guidance Issued on What Qualifies as an 'Essential' Business," Legal Update, Seyfarth Shaw LLP (March 20, 2020)
- Co-Author, "New York Mandates 75% Reduction of In-Person Workforces of Non-Essential Businesses," Legal Update, Seyfarth Shaw LLP (March 19, 2020)
- Co-Author, "New York Waives Unemployment Waiting Period, Modifies Certain Pre-Hire Requirements for Health Care and Childcare Workers, and Closes Malls and Places of Amusement," Legal Update, Seyfarth Shaw LLP (March 19, 2020)
- Co-Author, "NYC Amends Guidance, Now Requires Independent Contractors to Receive Annual Anti-Harassment Training," Legal Update, Seyfarth Shaw LLP (February 26, 2020)
- Co-Author, "An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (February 11, 2020)
- Co-Author, "New Jersey Independent Contractor Legislation Temporarily Paused," Legal Update, Seyfarth Shaw LLP (January 14, 2020)
- Co-Author, "New York State Division of Human Rights Issues Further Guidance on the Recent Amendments to Anti-Discrimination and Anti-Harassment Laws," Legal Update, Seyfarth Shaw LLP (November 12, 2019)
- Co-Author, "Governor Cuomo Signs Landmark Legislation Impacting Anti-Discrimination and Anti-Harassment Laws," Legal Update, Seyfarth Shaw LLP (August 13, 2019)
- Co-Author, "New York State Legislature Passes Major Amendments To Anti-Discrimination and Anti-Harassment Laws," Management Alert, Seyfarth Shaw LLP (June 24, 2019)
- Co-Author, “A Bright Day for Employers: The Supreme Court Decides In Lamps Plus That Courts Cannot Order Class Arbitration Without An Express Agreement,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 24, 2019)
- Co-Author, "The NYC Commission on Human Rights’ Online Anti-Sexual Harassment Training Video Is Now Available," Management Alert, Seyfarth Shaw LLP (April 2, 2019)
- Co-Author, " #MeToo Inspires Legislative Changes Across the United States," Management Alert, Seyfarth Shaw LLP (March 28, 2019)
- Co-Author, "New York City Commission on Human Rights Releases Lactation Policy Materials," One Minute Memo, Seyfarth Shaw LLP (March 19, 2019)
- Co-Author, "'Sexual and Reproductive Health Choices': A New Protected Category Under NYC Human Rights Law," One Minute Memo, Seyfarth Shaw LLP (March 18, 2019)
- Co-Author, "NYS Puts Brakes on Expansive Call-in Pay Reform," One Minute Memo, Seyfarth Shaw LLP (March 5, 2019)
- Co-Author, "Important Updates to New York Paid Family Leave," One Minute Memo, Seyfarth Shaw LLP (January 30, 2019)
- Co-Author, "New York City Lactation Room Laws To Go Into Effect," One Minute Memo, Seyfarth Shaw LLP (January 11, 2019)
- Co-Author, "Shifting Gears: New York State Revises Proposed Call-in Pay Rules," Management Alert, Seyfarth Shaw LLP (January 7, 2019)
- Co-Author, “Phone, Wallet, Keys . . . Panic Button? Hotel Employee Panic Device Bill Advanced to New Jersey Senate for Further Consideration,” Employment Law Lookout Blog, Seyfarth Shaw LLP (December 17, 2018)
- Author, "New York City to Require Lactation Rooms in the Workplace," Management Alert, Seyfarth Shaw LLP (October 26, 2018)
- Co-Author, "Recent Clarifications to the Workers’ Compensation Board’s Interpretations of New York Paid Family Leave Deductions and Voluntary Coverage," One Minute Memo, Seyfarth Shaw LLP (March 16, 2018)
- Co-Author, "New York Paid Family Leave Forms Released," One Minute Memo, Seyfarth Shaw LLP (October 30, 2017)
- Co-Author, "Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an Overnight Shift," One Minute Memo, Seyfarth Shaw LLP (September 18, 2017)
- Co-Author, "New York State Paid Family Leave - Tax Guidance Issued," One Minute Memo, Seyfarth Shaw LLP (August 29, 2017)
- Co-Author, "New York Workers’ Compensation Board Releases Final Regulations for Paid Family Leave Law," Management Alert, Seyfarth Shaw LLP (July 21, 2017)
- Co-Author, "Newly Adopted 'Freelance Isn’t Free' Rules Rife with Preemption Issues Under FAA," Management Alert, Seyfarth Shaw LLP (July 13, 2017)
- Co-Author, “Watch Your Step: Avoiding Employment Law Pitfalls and Preparing for the Road Ahead,” The Senior Lawyer, New York State Bar Association, Vol. 9, No. 1 (Spring/Summer 2017)
- Co-Author, "Employee Contribution Amount Released for New York Paid Family Leave," One Minute Memo, Seyfarth Shaw LLP (June 2, 2017)
- Co-Author, “Sleeping on the Job? New York Court Finds Home Healthcare Employees Entitled to Pay for Each Hour on Overnight Shifts,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 2, 2017)
- Co-Author, “Proposed Regulations Issued for New York Paid Family Leave Law,” Management Alert, Seyfarth Shaw LLP (March 10, 2017)
- Co-Author, “Freelance Isn’t Free Act Signed by Mayor De Blasio,” One Minute Memo, Seyfarth Shaw LLP (December 2, 2016)
- Co-Author, ‘“Freelance Isn’t Free” Says the New York City Council,” Management Alert, Seyfarth Shaw LLP (November 8, 2016)
- Co-Author, “Final Payroll Card and Direct Deposit Regulations Issued by New York DOL,” One Minute Memo, Seyfarth Shaw LLP (September 13, 2016)
- Co-Author, "Family Matters: New York State Minimum Wage Increase & Paid Family Leave," Management Alert, Seyfarth Shaw LLP (April 19, 2016)
- "DOL's New Companionship Exemption to Take Effect on October 13," Wage & Hour Litigation Blog, Seyfarth Shaw LLP, (October 8, 2015)
- Co-Author, "Second Circuit Creates Split Regarding Definition of Whistleblower Under Dodd-Frank’s Anti-Retaliation Provisions," Workplace Whistleblower, Seyfarth Shaw LLP (September 11, 2015)
- "Change to FLSA Companionship Exemption Extends Minimum Wage and Overtime Protections to Home Health Care Aides," Senior Living and Long-Term Care Blog, Seyfarth Shaw LLP (August 24, 2015)
- Co-Author, "Second Circuit Tackles 'Whistleblower' Protection Under Dodd-Frank," Workplace Whistleblower, Seyfarth Shaw LLP (June 18, 2015)
- Co-Author, "Family Medical Leave Act: Notice Obligations of Employees and Employers," HR Advisor, West Group (May/June 2015)
- Co-Author, "Senate Holds Hearing on NLRB’s Proposed Joint-Employer Standard," One Minute Memo, Seyfarth Shaw LLP (February 18, 2015)
- "The Second Circuit Finds Entry-Level Accountants To Be Exempt Learned Professionals Under the FLSA," One Minute Memo, Seyfarth Shaw LLP (July 24, 2014)
- Co-Author, "Full-day Deductions Are Out of Whack With the Fluctuating Workweek," Wage & Hour Tip of the Week, Seyfarth Shaw LLP (March 6, 2014)
- Co-Author, “Unemployed Need Not Apply?,” Employment Law Lookout Blog, Seyfarth Shaw LLP (February 27, 2014)
- “New York State’s Minimum Wage Orders Updated,” One Minute Memo, Seyfarth Shaw LLP (January 31, 2014)
- Co-Author, “Computer Employees: Exempt or Non-Exempt?,” HR Advisor, Volume 20, Issue 1 (January/February 2014)
- “NYC Pregnancy Accommodation Law Takes Effect January 30,” One Minute Memo, Seyfarth Shaw LLP (January 29, 2014)
- Presenter, "Do You Know Your Rights as a Freelancer?," New York Financial Writers' Association (September 30, 2024)
- Co-Speaker, “Into the Breach Podcast - Episode 35: RWI Claims: Everything You Want to Know,” Podcast, Seyfarth Shaw LLP (September 16, 2024)
- Co-Speaker, “Into the Breach Podcast - Episode 34: New Opportunities in Contingent Risk,” Podcast, Seyfarth Shaw LLP (July 29, 2024)
- Co-Speaker, “Into the Breach Podcast - Episode 33: Econ 101: The Underlying Economics of RWI,” Podcast, Seyfarth Shaw LLP (April 23, 2024)
- Co-Speaker, "Into the Breach Podcast - Episode 31: Early 2024: The State of the RWI Market," Podcast, Seyfarth Shaw LLP (March 11, 2024)
- Co-Speaker, "Into the Breach Podcast - Episode 30: Transactional Risk Insurance in Asia: Market Primer and Opportunities Ahead," Podcast, Seyfarth Shaw LLP (September 13, 2023)
- Co-Speaker, "Health Care Beat Episode 41 – Insuring Success: The Utilization of Insurance in Health Care M&A Transactions," Podcast, Seyfarth Shaw LLP (August 30, 2023)
- Co-Speaker, "Into the Breach Podcast - Episode 29: Striking the Right Balance – Archer Transactional Enters the RWI Space," Podcast, Seyfarth Shaw LLP (June 6, 2023)
- Co-Speaker, "Into the Breach Podcast - Episode 28: RiskPoint – A Global Underwriting Platform Hitting the Mark," Podcast, Seyfarth Shaw LLP (May 23, 2023)
- Presenter, "R&W Insurance in a Recessionary Environment – What Happens to the Pricing, Coverage & Do We Expect an Uptick in Claims?," 7th Annual Reps & Warranties and Transactional Liability Insurance ExecuSummit, Uncasville, CT (May 2-3, 2023)
- Co-Presenter, "Into the Breach Podcast - Episode 26: Palisade Insurance Partners: Putting a Strong Fence Around Risk," Podcast, Seyfarth Shaw LLP (April 13, 2023)
- Speaker, "Into the Breach Podcast - Episode 25: A Broader View: How Transactional Risk Insurance Has Revolutionized Risk Allocation," Podcast, Seyfarth Shaw LLP (March 28, 2023)
- Speaker, "Into the Breach Podcast - Episode 24: RWI in "Start-Up Nation": Utilizing Transactional Risk Insurance on Deals in Israel," Podcast, Seyfarth Shaw LLP (February 22, 2023)
- Speaker, "Into the Breach Podcast - Episode 23: RWI For Corporate Buyers: The Ultimate Primer," Podcast, Seyfarth Shaw LLP (November 22, 2022)
- Speaker, "Into the Breach Podcast - Episode 22: Mio: A New Way to Underwrite RWI," Podcast, Seyfarth Shaw LLP (November 16, 2022)
- Speaker, "Into the Breach Podcast - Episode 21: Open for Business: Dual Transaction Solutions Launches Tax Insurance Product," Podcast, Seyfarth Shaw LLP (October 31, 2022)
- Speaker, "Into the Breach Podcast - Episode 20: Transitioning from M&A Counsel to RWI Underwriter: An Interview with Heith Rodman, Berkley Transactional," Podcast, Seyfarth Shaw LLP (October 3, 2022)
- Speaker, "Into the Breach Podcast - Episode 19: Something Old, Something New: An Interview with Rustin Paul, Chief Underwriting Officer, Concord Specialty Risk," Podcast, Seyfarth Shaw LLP (July 26, 2022)
- Speaker, "Into the Breach Podcast - Episode 18: Utilizing RWI on Healthcare Transactions," Podcast, Seyfarth Shaw LLP (June 2, 2022)
- Speaker, "Into the Breach Podcast - Episode 17: RWI in 2022: What Lies Ahead in the New Year," Podcast, Seyfarth Shaw LLP (February 23, 2022)
- Speaker, "Into the Breach Podcast - Episode 16: O Canada! Using RWI in Canadian Cross-Border Transactions," Podcast, Seyfarth Shaw LLP (January 19, 2022)
- Speaker, "Into the Breach Podcast - Episode 15: Making Your Deal Less Taxing: How to Effectively Use Tax Insurance in Your Next Transaction (and Beyond)," Podcast, Seyfarth Shaw LLP (November 8, 2021)
- Co-Presenter, "Maximizing Representation & Warranty Insurance (RWI) For Your Next Deal," ACG Chicago Virtual Sunrise Session (October 26, 2021)
- Speaker, "Into the Breach Podcast - Episode 14: Broker or Underwriter: Which is the Better Career Path For You?," Podcast, Seyfarth Shaw LLP (August 23, 2021)
- Speaker, "Into the Breach Podcast - Episode 13: The Reps and Warranties Insurance Mid-Year Update," Podcast, Seyfarth Shaw LLP (July 6, 2021)
- Speaker, "Into the Breach Podcast - Episode 12: DUAL Transaction Solutions - The Intersection of RWI and Excess D&O Coverage," Podcast, Seyfarth Shaw LLP (June 28, 2021)
- Speaker, "Into the Breach Podcast - Episode 11: Ensuring RWI Underwriters Understand Underlying Insurance Policies in the Deal," Podcast, Seyfarth Shaw LLP (June 2, 2021)
- Speaker, "Into the Breach Podcast - Episode 10: Going Global: Using Transactional Risk Insurance on International Transactions," Podcast, Seyfarth Shaw LLP (April 6, 2021)
- Speaker, "Into the Breach Podcast - Episode 9: COVID-19’s Impact on Reps and Warranties Insurance: A Year in Review and What Lies Ahead," Podcast, Seyfarth Shaw LLP (March 17, 2021)
- Speaker, "Into the Breach Podcast - Episode 8: The RWI Career Path: How to Get your Next Job in Transactional Risk Insurance," Podcast, Seyfarth Shaw LLP (March 3, 2021)
- Speaker, "Into the Breach Podcast - Episode 7: The RW Exchange: Embracing New Technology in Your Next Transaction," Podcast, Seyfarth Shaw LLP (February 16, 2021)
- Speaker, "Into the Breach Podcast - Episode 6: Contingent Risk Insurance: Concept, Growth, and Opportunities," Podcast, Seyfarth Shaw LLP (January 26, 2021)
- Speaker, "Into the Breach Podcast - Episode 5: Reps and Warranties Insurance: The Buy-Side Perspective," Podcast, Seyfarth Shaw LLP (December 23, 2020)
- Speaker, "Into the Breach Podcast - Episode 4: Thinking Outside the Box: Novel Uses of RWI," Podcast, Seyfarth Shaw LLP (December 1, 2020)
- Speaker, "Into the Breach Podcast - Episode 3: Recap of CAC Specialty Live Conference," Podcast, Seyfarth Shaw LLP (November 23, 2020)
- Speaker, "Into the Breach Podcast - Episode 2: Top 5 Tips for RWI Underwriting and Due Diligence on a Tight Timeline," Podcast, Seyfarth Shaw LLP (November 23, 2020)
- Speaker, "Into the Breach Podcast - Episode 1: RWI and the COVID-19 Exclusion," Podcast, Seyfarth Shaw LLP (November 23, 2020)
- Co-Presenter, "The Sales Exemptions: The Inside and Out of FLSA and California Exemptions," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (July 15, 2020)
- Co-Presenter, "The Good, the Bad and the Ugly: Employment Law Considerations During COVID-19," New York State Academy of Trial Lawyers (May 6, 2020)
- Presenter, "Career Transitions: From Associate to Partner, Law Firm to In-house," Women in Legal & Corporate Leadership Summit (November 21, 2019)
- Co-Presenter, "How #MeToo is Changing the Legal Landscape," NYS Academy of Trial Lawyers (January 16 and 23, 2019; December 17 and 18, 2018; and November 13, 2018)
- Co-Presenter, "New York Paid Family Leave: What Employers Need to Do Now," Webinar, presented by Seyfarth Shaw LLP (January 31, 2018)
- Co-Presenter, "Regular Rate of Pay," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (December 20, 2017)
- Co-Presenter, "Final Regulations Released for NY Paid Family Leave - Affects Employers Nationwide," Webinar, presented by Seyfarth Shaw LLP (August 1, 2017)
- Co-Presenter, "Employment Law: Dual Perspectives for your Dual Role as Employer & Lawyer," New York State Academy of Trial Lawyers (April 5-7, 2016)
- Co-Presenter, "The City Human Rights Law that Never Sleeps: Review of Major Developments under the NYCHRL," 68th HR Network Breakfast Seminar (January 29, 2016)
- Co-Presenter, "Global Workforce Classifications - Benefits and Compensation Considerations," Global Benefits & Compensation Roundtable, presented by The Conference Board (December 3, 2015)
- Quoted, "Who Pays the Bill for Updates to the At-Home Office in the Era of Teleworking, the Employer or the Employee?," University of Cincinnati Law Review (March 24, 2021)
- Interviewed, "Podcasting for Lawyers: Overrated or Underrated?," Harrington Communications Podcast (March 9, 2021)
- Quoted, "Uber and Lyft face 2 big threats to their business model after new California law," Yahoo Finance (September 12, 2019)
- Quoted, "New York City Employers: Update Your Policies and Practices for 2019," SHRM (December 18, 2018)
- Quoted, "How to Create and Manage an Effective Flexwork Policy," SHRM (August 8, 2018)
- Quoted, "New York Employers Must Prepare for Paid-Family-Leave Program," SHRM (May 22, 2017)
Gena co-leads the Firm’s Transactional Risk Insurance Group, serving as lead underwriting counsel on hundreds of RWI deals each year. Gena’s unique practice allows her to combine her significant employment law counseling and litigation experience with her extensive buy-side diligence work.
More About Gena
Gena is the co-creator and co-leader of Seyfarth’s interdisciplinary Transactional Risk Insurance Group. Operating as a model of cross-departmental entrepreneurship, the Transactional Risk Insurance Group has quickly become one of the industry’s leading underwriting counsel practices. Gena and her team of over 60 Seyfarth attorneys world-wide advise RWI markets on all aspects of a deal, including advising at the pre-bid stage, crafting deal-specific and highly tailored underwriting call agendas, leading underwriting calls, running the underwriting process, preparing narrowly tailored exclusions, identifying key legal risks and assisting with policy drafting. The Seyfarth team’s experience extends beyond traditional reps deals, and has grown to encompass real estate and REIT transactions as well as acquisitions relating to music publishing. Further, leveraging the Firm’s long history of success in the capital market space, the Seyfarth team is the RWI market-leader in secondary transactions. The Transactional Risk Insurance Group also serves as underwriting counsel on contingent risk and tax policies, and continues to grow.
Gena’s practice also includes employment advice and counsel, and litigation work. Gena counsels employers, works with them to avoid litigation, and represents her clients in litigation, as necessary. Gena routinely leads the defense of single-plaintiff, multi-plaintiff, and complex class and collective actions, including for some of the Firm’s largest clients.
Over her 19 years of practicing employment law, Gena has gained substantial litigation experience in both state and federal courts, and has successfully defended clients facing claims of discrimination, hostile work environment, and retaliation arising under federal, state, and municipal laws. She has defended employers in wage and hour class and collective actions, complex discrimination class actions, class and individual arbitrations, and in administrative proceedings before various agencies, such as the US Equal Employment Opportunity Commission and the New York State Division of Human Rights. Gena has also assisted clients in navigating wage and hour investigations and audits before the US Department of Labor and state investigative agencies.
Prior to joining Seyfarth, Gena defended the MTA New York City Transit Authority in employment disputes.
Gena’s practice also includes employment advice and counsel, and litigation work. Gena counsels employers, works with them to avoid litigation, and represents her clients in litigation, as necessary. Gena routinely leads the defense of single-plaintiff, multi-plaintiff, and complex class and collective actions, including for some of the Firm’s largest clients.
Over her 19 years of practicing employment law, Gena has gained substantial litigation experience in both state and federal courts, and has successfully defended clients facing claims of discrimination, hostile work environment, and retaliation arising under federal, state, and municipal laws. She has defended employers in wage and hour class and collective actions, complex discrimination class actions, class and individual arbitrations, and in administrative proceedings before various agencies, such as the US Equal Employment Opportunity Commission and the New York State Division of Human Rights. Gena has also assisted clients in navigating wage and hour investigations and audits before the US Department of Labor and state investigative agencies.
Prior to joining Seyfarth, Gena defended the MTA New York City Transit Authority in employment disputes.
- JD, Brooklyn Law School
Cum laude
Dean’s list
Notes and Comments Editor, Brooklyn Journal of International Law
Moot Court Honor Society - BA, Emory University
Dean's list
- New York
- US Court of Appeals, Second Circuit
- US Court of Appeals, Third Circuit
- US Court of Appeals, Ninth Circuit
- US District Court, Eastern District of New York
- US District Court, Northern District of New York
- US District Court, Southern District of New York
Related Services
- Representing accounting and insurance industry clients in litigation seeking overtime pay as a result of alleged misclassification of employees as exempt under federal and state wage and hour laws.
- Representing restaurant industry clients in FLSA collective actions for unpaid wages and overtime.
- Representing a hotel chain in a U.S. Department of Labor audit regarding minimum wage, overtime and appropriate classifications under federal wage and hour law.
- Representing health care facility in New York State Department of Labor audit regarding unpaid overtime wages.
- Representing nationwide construction company in single plaintiff litigations, typically involving discrimination, hostile work environment and retaliation claims.
- Representing nationwide technology company in single plaintiff gender/age discrimination litigation.
- Representing nationwide accounting client in single plaintiff gender/age discrimination litigation.
- Representing a real estate management company in an FMLA and New York City law discrimination litigation.
Related Trends
Related News & Insights
-
Podcast
Sep 16, 2024
Into the Breach Podcast - Episode 35: RWI Claims: Everything You Want to Know
-
Firm News
08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
-
Podcast
Jul 29, 2024
Into the Breach Podcast - Episode 34: New Opportunities in Contingent Risk
-
Podcast
Apr 23, 2024
Into the Breach Podcast - Episode 33: Econ 101: The Underlying Economics of RWI
- Recognized by The Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2020-2025)
- Ranked "Up and Coming" in Labor & Employment (New York) by Chambers USA (2021-2022); Ranked Band 5 in Labor & Employment (New York) by Chambers USA (2023-2024)
- Recognized in New York Metro Super Lawyers for Employment & Labor (Thomson Reuters) (2021-2023)
- Recognized in New York Metro Super Lawyers "Rising Stars" for Employment & Labor (Thomson Reuters) (2015-2020)
- Recognized in New York Metro Super Lawyers as one of the "Top Women for Employment & Labor Law" (Thomson Reuters) (2016)
- Recognized by Chambers as a New York "Rising Star" (2015)
- Lawyer’s Alliance for New York 2011 Cornerstone Award for Outstanding Pro Bono Legal Services to Nonprofits
- Author, "NY Governor Hochul Signs Statewide “Freelance Isn’t Free” Act," Legal Update, Seyfarth Shaw LLP (November 30, 2023)
- Co-Author, "5 Buyers' Counsel Tips For R&W Insurance Underwriting Calls," Law360 (September 21, 2021)
- Co-Author, "Expense Reimbursements in the Era of Remote Working," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (January 21, 2021)
- Co-Author, "New York City Enlists Short-Term Rental Industry in Effort to Enforce Tri-State Quarantine Requirements," Legal Update, Seyfarth Shaw LLP (August 24, 2020)
- Co-Author, "What do you call the axing of some DOL Section 7(i) interpretive regs? A good start," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 21, 2020)
- Co-Author, "How An M&A Tool Can Benefit Bankruptcy Sales," Law360 (May 7, 2020)
- Co-Author, "New York Issues Executive Order Requiring Employers to Provide Essential Workers with Face Masks," Legal Update, Seyfarth Shaw LLP (April 13, 2020)
- Co-Author, "New York Governor Signs Executive Order Requiring 100% In-Person Workforce Reduction for Non-Essential Businesses and Tolling Statutes of Limitations," Legal Update, Seyfarth Shaw LLP (March 21, 2020)
- Co-Author, "New York Governor Announces 100% In-Person Workforce Reduction for Non-Essential Businesses and Guidance Issued on What Qualifies as an 'Essential' Business," Legal Update, Seyfarth Shaw LLP (March 20, 2020)
- Co-Author, "New York Mandates 75% Reduction of In-Person Workforces of Non-Essential Businesses," Legal Update, Seyfarth Shaw LLP (March 19, 2020)
- Co-Author, "New York Waives Unemployment Waiting Period, Modifies Certain Pre-Hire Requirements for Health Care and Childcare Workers, and Closes Malls and Places of Amusement," Legal Update, Seyfarth Shaw LLP (March 19, 2020)
- Co-Author, "NYC Amends Guidance, Now Requires Independent Contractors to Receive Annual Anti-Harassment Training," Legal Update, Seyfarth Shaw LLP (February 26, 2020)
- Co-Author, "An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (February 11, 2020)
- Co-Author, "New Jersey Independent Contractor Legislation Temporarily Paused," Legal Update, Seyfarth Shaw LLP (January 14, 2020)
- Co-Author, "New York State Division of Human Rights Issues Further Guidance on the Recent Amendments to Anti-Discrimination and Anti-Harassment Laws," Legal Update, Seyfarth Shaw LLP (November 12, 2019)
- Co-Author, "Governor Cuomo Signs Landmark Legislation Impacting Anti-Discrimination and Anti-Harassment Laws," Legal Update, Seyfarth Shaw LLP (August 13, 2019)
- Co-Author, "New York State Legislature Passes Major Amendments To Anti-Discrimination and Anti-Harassment Laws," Management Alert, Seyfarth Shaw LLP (June 24, 2019)
- Co-Author, “A Bright Day for Employers: The Supreme Court Decides In Lamps Plus That Courts Cannot Order Class Arbitration Without An Express Agreement,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 24, 2019)
- Co-Author, "The NYC Commission on Human Rights’ Online Anti-Sexual Harassment Training Video Is Now Available," Management Alert, Seyfarth Shaw LLP (April 2, 2019)
- Co-Author, " #MeToo Inspires Legislative Changes Across the United States," Management Alert, Seyfarth Shaw LLP (March 28, 2019)
- Co-Author, "New York City Commission on Human Rights Releases Lactation Policy Materials," One Minute Memo, Seyfarth Shaw LLP (March 19, 2019)
- Co-Author, "'Sexual and Reproductive Health Choices': A New Protected Category Under NYC Human Rights Law," One Minute Memo, Seyfarth Shaw LLP (March 18, 2019)
- Co-Author, "NYS Puts Brakes on Expansive Call-in Pay Reform," One Minute Memo, Seyfarth Shaw LLP (March 5, 2019)
- Co-Author, "Important Updates to New York Paid Family Leave," One Minute Memo, Seyfarth Shaw LLP (January 30, 2019)
- Co-Author, "New York City Lactation Room Laws To Go Into Effect," One Minute Memo, Seyfarth Shaw LLP (January 11, 2019)
- Co-Author, "Shifting Gears: New York State Revises Proposed Call-in Pay Rules," Management Alert, Seyfarth Shaw LLP (January 7, 2019)
- Co-Author, “Phone, Wallet, Keys . . . Panic Button? Hotel Employee Panic Device Bill Advanced to New Jersey Senate for Further Consideration,” Employment Law Lookout Blog, Seyfarth Shaw LLP (December 17, 2018)
- Author, "New York City to Require Lactation Rooms in the Workplace," Management Alert, Seyfarth Shaw LLP (October 26, 2018)
- Co-Author, "Recent Clarifications to the Workers’ Compensation Board’s Interpretations of New York Paid Family Leave Deductions and Voluntary Coverage," One Minute Memo, Seyfarth Shaw LLP (March 16, 2018)
- Co-Author, "New York Paid Family Leave Forms Released," One Minute Memo, Seyfarth Shaw LLP (October 30, 2017)
- Co-Author, "Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an Overnight Shift," One Minute Memo, Seyfarth Shaw LLP (September 18, 2017)
- Co-Author, "New York State Paid Family Leave - Tax Guidance Issued," One Minute Memo, Seyfarth Shaw LLP (August 29, 2017)
- Co-Author, "New York Workers’ Compensation Board Releases Final Regulations for Paid Family Leave Law," Management Alert, Seyfarth Shaw LLP (July 21, 2017)
- Co-Author, "Newly Adopted 'Freelance Isn’t Free' Rules Rife with Preemption Issues Under FAA," Management Alert, Seyfarth Shaw LLP (July 13, 2017)
- Co-Author, “Watch Your Step: Avoiding Employment Law Pitfalls and Preparing for the Road Ahead,” The Senior Lawyer, New York State Bar Association, Vol. 9, No. 1 (Spring/Summer 2017)
- Co-Author, "Employee Contribution Amount Released for New York Paid Family Leave," One Minute Memo, Seyfarth Shaw LLP (June 2, 2017)
- Co-Author, “Sleeping on the Job? New York Court Finds Home Healthcare Employees Entitled to Pay for Each Hour on Overnight Shifts,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 2, 2017)
- Co-Author, “Proposed Regulations Issued for New York Paid Family Leave Law,” Management Alert, Seyfarth Shaw LLP (March 10, 2017)
- Co-Author, “Freelance Isn’t Free Act Signed by Mayor De Blasio,” One Minute Memo, Seyfarth Shaw LLP (December 2, 2016)
- Co-Author, ‘“Freelance Isn’t Free” Says the New York City Council,” Management Alert, Seyfarth Shaw LLP (November 8, 2016)
- Co-Author, “Final Payroll Card and Direct Deposit Regulations Issued by New York DOL,” One Minute Memo, Seyfarth Shaw LLP (September 13, 2016)
- Co-Author, "Family Matters: New York State Minimum Wage Increase & Paid Family Leave," Management Alert, Seyfarth Shaw LLP (April 19, 2016)
- "DOL's New Companionship Exemption to Take Effect on October 13," Wage & Hour Litigation Blog, Seyfarth Shaw LLP, (October 8, 2015)
- Co-Author, "Second Circuit Creates Split Regarding Definition of Whistleblower Under Dodd-Frank’s Anti-Retaliation Provisions," Workplace Whistleblower, Seyfarth Shaw LLP (September 11, 2015)
- "Change to FLSA Companionship Exemption Extends Minimum Wage and Overtime Protections to Home Health Care Aides," Senior Living and Long-Term Care Blog, Seyfarth Shaw LLP (August 24, 2015)
- Co-Author, "Second Circuit Tackles 'Whistleblower' Protection Under Dodd-Frank," Workplace Whistleblower, Seyfarth Shaw LLP (June 18, 2015)
- Co-Author, "Family Medical Leave Act: Notice Obligations of Employees and Employers," HR Advisor, West Group (May/June 2015)
- Co-Author, "Senate Holds Hearing on NLRB’s Proposed Joint-Employer Standard," One Minute Memo, Seyfarth Shaw LLP (February 18, 2015)
- "The Second Circuit Finds Entry-Level Accountants To Be Exempt Learned Professionals Under the FLSA," One Minute Memo, Seyfarth Shaw LLP (July 24, 2014)
- Co-Author, "Full-day Deductions Are Out of Whack With the Fluctuating Workweek," Wage & Hour Tip of the Week, Seyfarth Shaw LLP (March 6, 2014)
- Co-Author, “Unemployed Need Not Apply?,” Employment Law Lookout Blog, Seyfarth Shaw LLP (February 27, 2014)
- “New York State’s Minimum Wage Orders Updated,” One Minute Memo, Seyfarth Shaw LLP (January 31, 2014)
- Co-Author, “Computer Employees: Exempt or Non-Exempt?,” HR Advisor, Volume 20, Issue 1 (January/February 2014)
- “NYC Pregnancy Accommodation Law Takes Effect January 30,” One Minute Memo, Seyfarth Shaw LLP (January 29, 2014)
- Presenter, "Do You Know Your Rights as a Freelancer?," New York Financial Writers' Association (September 30, 2024)
- Co-Speaker, “Into the Breach Podcast - Episode 35: RWI Claims: Everything You Want to Know,” Podcast, Seyfarth Shaw LLP (September 16, 2024)
- Co-Speaker, “Into the Breach Podcast - Episode 34: New Opportunities in Contingent Risk,” Podcast, Seyfarth Shaw LLP (July 29, 2024)
- Co-Speaker, “Into the Breach Podcast - Episode 33: Econ 101: The Underlying Economics of RWI,” Podcast, Seyfarth Shaw LLP (April 23, 2024)
- Co-Speaker, "Into the Breach Podcast - Episode 31: Early 2024: The State of the RWI Market," Podcast, Seyfarth Shaw LLP (March 11, 2024)
- Co-Speaker, "Into the Breach Podcast - Episode 30: Transactional Risk Insurance in Asia: Market Primer and Opportunities Ahead," Podcast, Seyfarth Shaw LLP (September 13, 2023)
- Co-Speaker, "Health Care Beat Episode 41 – Insuring Success: The Utilization of Insurance in Health Care M&A Transactions," Podcast, Seyfarth Shaw LLP (August 30, 2023)
- Co-Speaker, "Into the Breach Podcast - Episode 29: Striking the Right Balance – Archer Transactional Enters the RWI Space," Podcast, Seyfarth Shaw LLP (June 6, 2023)
- Co-Speaker, "Into the Breach Podcast - Episode 28: RiskPoint – A Global Underwriting Platform Hitting the Mark," Podcast, Seyfarth Shaw LLP (May 23, 2023)
- Presenter, "R&W Insurance in a Recessionary Environment – What Happens to the Pricing, Coverage & Do We Expect an Uptick in Claims?," 7th Annual Reps & Warranties and Transactional Liability Insurance ExecuSummit, Uncasville, CT (May 2-3, 2023)
- Co-Presenter, "Into the Breach Podcast - Episode 26: Palisade Insurance Partners: Putting a Strong Fence Around Risk," Podcast, Seyfarth Shaw LLP (April 13, 2023)
- Speaker, "Into the Breach Podcast - Episode 25: A Broader View: How Transactional Risk Insurance Has Revolutionized Risk Allocation," Podcast, Seyfarth Shaw LLP (March 28, 2023)
- Speaker, "Into the Breach Podcast - Episode 24: RWI in "Start-Up Nation": Utilizing Transactional Risk Insurance on Deals in Israel," Podcast, Seyfarth Shaw LLP (February 22, 2023)
- Speaker, "Into the Breach Podcast - Episode 23: RWI For Corporate Buyers: The Ultimate Primer," Podcast, Seyfarth Shaw LLP (November 22, 2022)
- Speaker, "Into the Breach Podcast - Episode 22: Mio: A New Way to Underwrite RWI," Podcast, Seyfarth Shaw LLP (November 16, 2022)
- Speaker, "Into the Breach Podcast - Episode 21: Open for Business: Dual Transaction Solutions Launches Tax Insurance Product," Podcast, Seyfarth Shaw LLP (October 31, 2022)
- Speaker, "Into the Breach Podcast - Episode 20: Transitioning from M&A Counsel to RWI Underwriter: An Interview with Heith Rodman, Berkley Transactional," Podcast, Seyfarth Shaw LLP (October 3, 2022)
- Speaker, "Into the Breach Podcast - Episode 19: Something Old, Something New: An Interview with Rustin Paul, Chief Underwriting Officer, Concord Specialty Risk," Podcast, Seyfarth Shaw LLP (July 26, 2022)
- Speaker, "Into the Breach Podcast - Episode 18: Utilizing RWI on Healthcare Transactions," Podcast, Seyfarth Shaw LLP (June 2, 2022)
- Speaker, "Into the Breach Podcast - Episode 17: RWI in 2022: What Lies Ahead in the New Year," Podcast, Seyfarth Shaw LLP (February 23, 2022)
- Speaker, "Into the Breach Podcast - Episode 16: O Canada! Using RWI in Canadian Cross-Border Transactions," Podcast, Seyfarth Shaw LLP (January 19, 2022)
- Speaker, "Into the Breach Podcast - Episode 15: Making Your Deal Less Taxing: How to Effectively Use Tax Insurance in Your Next Transaction (and Beyond)," Podcast, Seyfarth Shaw LLP (November 8, 2021)
- Co-Presenter, "Maximizing Representation & Warranty Insurance (RWI) For Your Next Deal," ACG Chicago Virtual Sunrise Session (October 26, 2021)
- Speaker, "Into the Breach Podcast - Episode 14: Broker or Underwriter: Which is the Better Career Path For You?," Podcast, Seyfarth Shaw LLP (August 23, 2021)
- Speaker, "Into the Breach Podcast - Episode 13: The Reps and Warranties Insurance Mid-Year Update," Podcast, Seyfarth Shaw LLP (July 6, 2021)
- Speaker, "Into the Breach Podcast - Episode 12: DUAL Transaction Solutions - The Intersection of RWI and Excess D&O Coverage," Podcast, Seyfarth Shaw LLP (June 28, 2021)
- Speaker, "Into the Breach Podcast - Episode 11: Ensuring RWI Underwriters Understand Underlying Insurance Policies in the Deal," Podcast, Seyfarth Shaw LLP (June 2, 2021)
- Speaker, "Into the Breach Podcast - Episode 10: Going Global: Using Transactional Risk Insurance on International Transactions," Podcast, Seyfarth Shaw LLP (April 6, 2021)
- Speaker, "Into the Breach Podcast - Episode 9: COVID-19’s Impact on Reps and Warranties Insurance: A Year in Review and What Lies Ahead," Podcast, Seyfarth Shaw LLP (March 17, 2021)
- Speaker, "Into the Breach Podcast - Episode 8: The RWI Career Path: How to Get your Next Job in Transactional Risk Insurance," Podcast, Seyfarth Shaw LLP (March 3, 2021)
- Speaker, "Into the Breach Podcast - Episode 7: The RW Exchange: Embracing New Technology in Your Next Transaction," Podcast, Seyfarth Shaw LLP (February 16, 2021)
- Speaker, "Into the Breach Podcast - Episode 6: Contingent Risk Insurance: Concept, Growth, and Opportunities," Podcast, Seyfarth Shaw LLP (January 26, 2021)
- Speaker, "Into the Breach Podcast - Episode 5: Reps and Warranties Insurance: The Buy-Side Perspective," Podcast, Seyfarth Shaw LLP (December 23, 2020)
- Speaker, "Into the Breach Podcast - Episode 4: Thinking Outside the Box: Novel Uses of RWI," Podcast, Seyfarth Shaw LLP (December 1, 2020)
- Speaker, "Into the Breach Podcast - Episode 3: Recap of CAC Specialty Live Conference," Podcast, Seyfarth Shaw LLP (November 23, 2020)
- Speaker, "Into the Breach Podcast - Episode 2: Top 5 Tips for RWI Underwriting and Due Diligence on a Tight Timeline," Podcast, Seyfarth Shaw LLP (November 23, 2020)
- Speaker, "Into the Breach Podcast - Episode 1: RWI and the COVID-19 Exclusion," Podcast, Seyfarth Shaw LLP (November 23, 2020)
- Co-Presenter, "The Sales Exemptions: The Inside and Out of FLSA and California Exemptions," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (July 15, 2020)
- Co-Presenter, "The Good, the Bad and the Ugly: Employment Law Considerations During COVID-19," New York State Academy of Trial Lawyers (May 6, 2020)
- Presenter, "Career Transitions: From Associate to Partner, Law Firm to In-house," Women in Legal & Corporate Leadership Summit (November 21, 2019)
- Co-Presenter, "How #MeToo is Changing the Legal Landscape," NYS Academy of Trial Lawyers (January 16 and 23, 2019; December 17 and 18, 2018; and November 13, 2018)
- Co-Presenter, "New York Paid Family Leave: What Employers Need to Do Now," Webinar, presented by Seyfarth Shaw LLP (January 31, 2018)
- Co-Presenter, "Regular Rate of Pay," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (December 20, 2017)
- Co-Presenter, "Final Regulations Released for NY Paid Family Leave - Affects Employers Nationwide," Webinar, presented by Seyfarth Shaw LLP (August 1, 2017)
- Co-Presenter, "Employment Law: Dual Perspectives for your Dual Role as Employer & Lawyer," New York State Academy of Trial Lawyers (April 5-7, 2016)
- Co-Presenter, "The City Human Rights Law that Never Sleeps: Review of Major Developments under the NYCHRL," 68th HR Network Breakfast Seminar (January 29, 2016)
- Co-Presenter, "Global Workforce Classifications - Benefits and Compensation Considerations," Global Benefits & Compensation Roundtable, presented by The Conference Board (December 3, 2015)
- Quoted, "Who Pays the Bill for Updates to the At-Home Office in the Era of Teleworking, the Employer or the Employee?," University of Cincinnati Law Review (March 24, 2021)
- Interviewed, "Podcasting for Lawyers: Overrated or Underrated?," Harrington Communications Podcast (March 9, 2021)
- Quoted, "Uber and Lyft face 2 big threats to their business model after new California law," Yahoo Finance (September 12, 2019)
- Quoted, "New York City Employers: Update Your Policies and Practices for 2019," SHRM (December 18, 2018)
- Quoted, "How to Create and Manage an Effective Flexwork Policy," SHRM (August 8, 2018)
- Quoted, "New York Employers Must Prepare for Paid-Family-Leave Program," SHRM (May 22, 2017)