David I. Rosen

David I. Rosen

Member
 

David I. Rosen has practiced labor and employment law on behalf of management clients since 1977. He handles employment litigation in the federal and state courts, before administrative agencies and through arbitration and mediation, and has broad experience with wrongful dismissal and employment discrimination claims, having successfully defended employers following jury and bench trials. His litigation experience extends to the enforcement and defense of restrictive covenants, NLRB unfair labor practice trials and appellate advocacy. Mr. Rosen also represents employers in labor arbitrations and at the collective bargaining table, advises management on maintaining union-free status, represents employers at NLRB representation proceedings and assists management in developing effective union pre-election campaigns.

Independent of his litigation practice, Mr. Rosen provides day-to-day advice and counsel on a myriad of federal and state labor and employment laws (such as the Family and Medical Leave Act and the Americans with Disabilities Act), prepares and reviews employee handbooks and a variety of personnel policies, negotiates and drafts employment contracts and employee separation agreements, counsels employers on limiting their exposure to legal claims and counsels companies on staff reorganizations and reductions-in-force.

Mr. Rosen also frequently provides in-house training on various labor and employment law topics (such as harassment and diversity, the administration of collective bargaining agreements and effective disciplinary policies and procedures).

Mr. Rosen has extensive experience representing health care and hospitality clients, companies within the shipping container and freight forwarding industries, pharmaceutical companies, warehouse and distribution businesses, manufacturers, financial services firms and institutions, Korean and Japanese-owned and operated businesses, garment industry businesses, radio broadcasters, law firms, construction firms, and not-for-profit agencies.

Representative Jury and Bench Trials

  • Represented major home improvement chain as lead trial attorney in whistleblower CEPA jury trial in Morris County Superior Court; claims arose following plaintiff's discharge.  6-day trial resulted in complete defense verdict.
  • Represented major New Jersey acute care hospital as lead trial attorney in employment law "false imprisonment" jury trial in Bergen County Superior Court, in which State of NJ was a co-defendant.  7-day trial resulted in a complete defense verdict.
  • Represented national manufacturer as lead trial attorney in age discrimination civil action arising under the federal Age Discrimination in Employment Act, filed in the EDNY. 6-day jury trial resulted in complete defense verdict.
  • Represented major New York City acute care hospital as lead trial attorney in Title VII race discrimination civil action filed in the EDNY.  3-day bench trial resulted in a complete defense judgment.
  • Represented major defense contractor as lead trial attorney in Title VII race discrimination civil action filed in DNJ.  3-day bench trial resulted in complete defense judgment.
  • Represented Long Island-based nursing home as lead trial attorney in Title VII gender-based discrimination civil action filed in EDNY.  5-day bench trial resulted in a complete defense judgment.
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Representative Matters

  • Newman v. Pall Corporation, No. 1:12-cv-00654 (D. MD. 2013). District court granted defendant’s motion for summary judgment, dismissing in its entirety plaintiff’s disability discrimination claims arising under the Americans with Disabilities Act and Maryland human rights law. Court reasoned that because plaintiff was unable to perform the essential functions of his full-time job, with or without a reasonable accommodation, he was not a "qualified individual with a disability" within the meaning of the ADA.
  • Workneh v. Pall Corporation, No. 2:10-cv-03479 (E.D.N.Y. 2012). District court granted defendants' motion for summary judgment, dismissing in their entirety plaintiff's promotional and compensation race discrimination and retaliation claims arising under Title VII of the Civil Rights Act of 1964, as amended.
  • Partners Pharmacy Services, LLC v. Halbert, Docket No. C-72-09 (NJ Superior Court, Union County, 2012):  Denied defendants' motion to enforce purported settlement agreement, and granted plaintiff's cross-motion to strike defendants' motion papers, holding, pursuant to the provisions of the NJ Uniform Mediation Act, that defendants were barred from proving the existence of a verbal settlement agreement allegedly reached in restrictive covenant enforcement action because defendants relied on inadmissible, privileged "mediation communications" for purposes of same.  
  • Jiang v. Flushing Center, Inc., 357 Fed. Appx. 391 (2d Cir. 2009):  Affirmed district court's grant of summary judgment dismissing failure to promote, disciplinary discrimination, unequal pay, and retaliation claims arising under federal law.
  • Eckerd Corp. v. J&S, Inc., 647 F. Supp. 2d 388 (D.N.J. 2009):  District court granted plaintiff's motion for summary judgment, barring defendant, either as the agent or assignee of pension fund, from pursuing withdrawal liability claim against plaintiff.
  • Einhorn v. J&S, Inc., 577 F. Supp. 2d 752 (D.N.J. 2008):  District court granted plaintiff's motion to dismiss defendants' "joint employer" claims arising under the Employee Retirement Income Security Act ("ERISA") and the Multiemployer Pension Plan Amendments Act ("MPPAA"), as well as motion to compel contractual arbitration of defendants' NJ common law breach of contract, promissory estoppel, and breach of covenant of good faith claims.  [All such common law claims subsequently dismissed by arbitrator following 2-day hearing].
  • Staff v. Pall Corporation, 233 F. Supp. 2d 516 (S.D.N.Y. 2002):  District court granted defendant's  summary judgment motion dismissing plaintiff's race, color and national origin, retaliation, and hostile work environment claims arising under federal and New York State human rights laws.
  • Preda v. Nissho Iwai American Corporation, 128 F.3d 789 (2d Cir. 1997):  Affirmed district court's grant of summary judgment dismissing plaintiff's claim arising under federal Veterans' Reemployment Rights Act ("VRRA"), based on defendant's failure to reinstate him following his discharge from military service; court held that plaintiff engaged in job-related misbehavior immediately prior to his military leave, which rendered him "unqualified," within meaning of VRRA, for reinstatement.
  • Local 617, Int'l Brotherhood of Teamsters v. Hudson Bergen Trucking Co., 440 A. 2d 18 (NJ App. Div. 1981):  In action to enforce adverse labor arbitration award, NJ Appellate Division held that plaintiff's service of process of summons on defendant's attorney was defective because plaintiff failed to sustain its burden of proving that attorney was authorized to accept service of process on defendant's behalf. [Cited in Comment to R. 4:4-4, Rules Governing the Courts of the State of New Jersey (2012 ed., Pressler & Verniero)].

Court Admissions

U.S. District Court, District of New Jersey
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of New York
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Supreme Court

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Rankings & Recognition

Chambers USA®* 2013, New Jersey Labor & Employment
The Best Lawyers in America®* 2012-2014, Employment Law – Management and Labor Law - Management
New Jersey Super Lawyers®* 2009 and 2011-2014, Employment & Labor
“Top 100 Labor Attorneys in America”* by the Labor Relations Institute, Inc.
2007-2009

* See Award Methodology

Affiliations

Fellow, The College of Labor and Employment Lawyers
Member, New Jersey State Bar Association
— Executive Committee, Labor and Employment Law Section
Treasurer, Past Secretary and Founding Member, Academy of New Jersey Management Attorneys
Former Master of the Bench, Sydney Reitman Employment Law American Inn of Court
Member, American Bar Association
— Litigation Law Section
— Labor and Employment Law Section