EDITORIAL REVIEW

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Bad times for employees mean that Outten is busier than ever as the leader atop New York’s fiercest plaintiff-side employment practice.



It took a year, but Outten outmanuevered Deutsche Bank in a pitched arbitration battle and won over $18 million in damages and expenses.


When two Wall St. bankers tried to collect the hefty compensation they earned, their company fired them. Outten won the bankers more than $18 million in arbitration.


He represented female Wall Streeters outraged when male counterparts got ahead by socializing with strippers.


Even defense lawyers praise Wayne Outten, a plaintiffs' lawyer "who doesn't just take cases based on how deep the pockets" are. He believes in his cases, like his representation of a female executive who sued Morgan Stanley for sex bias claiming she and other women at the bank were denied pay raises and promotions. The suit led to a $54 million settlement in 2004 for the women, one of the largest paid out by a Bulge Bracket firm. In fact, Outten is the lawyer of choice for many corporate executives and stock brokers in their wranglings with Wall Street employers. And, his reputation is impeccable - as one defense lawyer put it, you'll never find Outten, one of the nation's leading lawyers in employment disputes, "shaking people down for money."




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www.outtengolden.com

WAYNE N. OUTTEN is the founding and managing partner of Outten & Golden LLP. His practice focuses exclusively on representing individuals in all areas of employment law. He co-chairs the firm’s Executives and Professionals Practice Group.

Mr. Outten has lectured extensively on employment law, especially on negotiation, mediation, and arbitration of employment disputes, on employment and severance agreements, and on retaliation and whistleblower claims. He is a widely published author whose work is frequently found in legal and popular publications.

Mr. Outten was selected by his peers as one of the “Best Lawyers in America” for at least 20 years and as one of New York’s Super Lawyers for many years - where he is listed as one of the Top 100 lawyers in New York. He was selected for the Lawdragon 500 Leading Lawyers in America in 2006 and for the Lawdragon 500 Leading Plaintiff Lawyers in America in 2007.

Mr. Outten is a founding member of the Executive Board of the National Employment Lawyers Association (NELA) and served on its Board for more than 11 years; he is co-chair of its International Law Committee. He founded the New York affiliate of NELA and was its president for more than 15 years. He is a co-founder and officer of Workplace Fairness, a charitable/educational organization.

He was a founding Governor of the College of Labor and Employment Lawyers (1996-2003). Mr. Outten served on the Council of the Section of Labor and Employment Law of the American Bar Association (2000-2008), is the employee co-chair of the Section's International Labor & Employment Law Committee, is co-chair of the Section’s Membership Development Committee, was Liaison for the Section's Committees on Employment Rights and Responsibilities and Pro Bono Work, and was the employee co-chair of the Committee on Employment Rights and Responsibilities.

He is an active member of the New York State Bar Association's Labor & Employment Law Section, is on its Executive Committee, and was co-chair of its International Labor & Employment Law and Alternative Dispute Resolution Committees. He is a member of the Employment Disputes Committee of the CPR Institute for Dispute Resolution. For almost 20 years, he was a member of the Board of the New York Civil Liberties Union (and its Nassau chapter), and he was a member of its Executive Committee.

Mr. Outten’s notable cases include a recovery of $12 million in a gender discrimination/retaliation case against Morgan Stanley in federal court and (with partner Larry Moy) $18.9 million arbitration award in a breach of contract case against Deutsche Bank - one of the largest arbitration awards in an employment case.

Mr. Outten received his B.S. from Drexel University in 1970 and his J.D. from New York University School of Law in 1974, where he was an Arthur Garfield Hays Civil Liberties Fellow. He was admitted to the New York bar in 1979. He was a law clerk for U.S. District Court Judge Gus J. Solomon, District of Oregon (1974-76) and was an instructor at the NYU School of Law (1976-1978). He was an associate and then a partner at Lankenau Kovner & Outten, LLP (1979-1998).

He is a member of the bars of New York, the United States Supreme Court, the Southern and Eastern Districts of New York, and the Second Circuit Court of Appeals.

Wayne Outten is AV Rated by Martindale-Hubbell


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EVALUATION

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BOOKS

• The Rights of Employees and Union Members: The Basic ACLU Guide to the Rights of Employees and Union Members (An American Civil Liberties Union Handbook)
  Wayne N. Outten, Robert J. Rabin, Lisa R. Lipman, S. Ill. Univ. Press, 1994.
  
  
• New York Employment Complaints and Answers/FAST
  Jack Raisner, Wayne N. Outten

BOOK CONTRIBUTIONS

• Representing the Executive
  Wayne N. Outten, Chapter 16 in Executive Compensation, BNA Books, 2002.
  
  
• Negotiating Settlement Agreements: An Employees' Lawyer's Perspective
  Wayne N. Outten, chapter in How ADR Works, BNA Books, 2002.
  
  
• Negotiating ADR Agreements: An Employees' Lawyer's Perspective
  Wayne N. Outten, chapter in How ADR Works, BNA Books, 2002.
  
  
• Extraterritorial Application of U.S. Laws: Anti-Discrimination
  Wayne N. Outten & Jack Raisner, chapter in International Labor & Employment Laws, ABA/BNA Books, 1997.
  
  
• Pleadings
  Wayne N. Outten & Jack Raisner, chapter in Employment Litigation in New York, West, 1996.
  
  
• Employee and Applicant Testing
  Wayne N. Outten and Jack Raisner, chapter in Employee Rights Litigation: Pleading and Practice, NELA/Mathew Bender/Lexis, 1990.
  
  
• Privacy in the Employment Relationship
  Wayne N. Outten & Alfred G. Feliu, chapter in Privacy Law and Practice, Matthew Bender/Lexis, 1987

ARTICLES

• Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firm�s Employees?
  Wayne N. Outten and Cara E. Greene, Law Firm Partnership & Benefits Report, June 2007
  
  
• Working with the Equal Employment Opportunity Commission
  Wayne N. Outten and Piper Hoffman, Employee Rights and Employment Policy Journal, Vol 10, No. 2, Winter 2006.
  
  
• How Law Firms Can Avoid Retaliation Claims
  Wayne N. Outten & Piper Hoffman, Law Firm Partnership & Benefits Report, October 2002
  
  
• Determining the Financial Rights of a Departing Partner
  Wayne N. Outten & Sean Farhang, Law Firm Partnership and Benefits Report, December 2000 and January 2001.
  
  
• When and How Can a Firm Expel a Partner?
  Wayne N. Outten & Sean Farhang, Law Firm Partnership and Benefits Report, September and October 2000.
  
  
• Ten Ways for Law Firm Management to Avoid Employee Lawsuits
  Wayne N. Outten, Law Firm Partnership and Benefits Report, August 1999.
  
  
• Negotiating the Severance Agreement from the Employee's Perspective
  Wayne N. Outten, The Practical Litigator, January 1999.
  
  
• "Glass-Ceiling" Lawsuits Threaten "Old Boy" Network
  Wayne N. Outten & Jack Raisner, Law Firm Partnership and Benefits Report, October 1996.
  
  
• Are Partners "Employees" Under Federal Employment Discrimination Law?
  Wayne N. Outten & Jack Raisner, Law Firm Partnership and Benefits Report, September 1996.
  
  
• Cross-Examining a Defense Psychologist in a Sexual Harassment Case
  Wayne N. Outten and Jack Raisner, The Practical Litigator, January 1993.
  
  
• Termination - What To Do If You are Fired
  by Wayne N. Outten
  Outten & Golden LLP
  
  
• Employment Agreements - Change of Control Agreements
  by Wayne N. Outten
  Law Journal Newsletters' Law Firm Partnership & Benefits Report, April 10, 2001
  
  
• Employment Agreements - Negotiating Employment Agreements
  by Wayne N. Outten
  Executive Compensation, editors Yale D. Tauber and Donald R. Levy, 2003
  
  
• mployment Agreements - Non-Compete Agreements - Emerging Issues From The Perspective of Employee's Counsel
  by Wayne N. Outten, Anne Golden and Nantiya Ruan
  Outten & Golden LLP
  
  
• Partnership Law - Can Law Firm Partners Sue the Firm for Employment Discrimination
  by Wayne N. Outten and Justin M. Swartz
  Law Journal Newsletters' Law Firm Partnership & Benefits Report, Februrary 2004
  
  
• Partnership Law - Clients - To Whom Do They Belong
  by Wayne N. Outten and Douglas C. James
  Outten & Golden LLP
  
  
• Partnership Law - Law Partner Explusion)
  by Wayne N. Outten and Sean Farhang
  Law Journal Newsletters' Law Firm Partnership & Benefits Report, September and October 2004
  
  
• Partnership Law - The Financial Rights of Departing Law Partners
  by Wayne N. Outten and Sean Farhang
  Law Journal Newsletters' Law Firm Partnership & Benefits Report, December 2000 and January 2001
  
  
• Settlement Agreements - Negotiating and Drafting Settlement Agreements
  by Wayne N. Outten
  Executive Compensation, editors Yale D. Tauber and Donald R. Levy, 2003
  
  
• Termination - Top Ten Ways to Avoid Employee Lawsuits
  by Wayne N. Outten
  Outten & Golden LLP
  
  
• Harassment Law - Developments in Harassment Law
  by Wayne N. Outten and Piper Hoffman
  Outten & Golden LLP
  
  
• Mediation - Mediation of Employment Disputes
  by Wayne N. Outten
  Executive Compensation, editors Yale D. Tauber and Donald R. Levy, 2003
  
  
• ADR - Negotiations and ADR in Employment Disputes
  by Wayne N. Outten
  Executive Compensation, editors Yale D. Tauber and Donald R. Levy, 2003
  
  
• Employment Disputes - Handling Disputes Involving Current Employees
  by Wayne N. Outten
  Executive Compensation, editors Yale D. Tauber and Donald R. Levy, 2003
  
  Mediation - Mediation Advocacy - An Employees' Attorney's Perspective
  by Wayne N. Outten
  Outten & Golden LLP
  
  
• Retaliation - The Guarantees and Uncertainties of Retaliation Law
  by Wayne N. Outten, Scott Moss and Piper Hoffman
  Outten & Golden LLP, April 1, 2003
  
  
• Legal Restraints For Foreign Employers doing business in the United States Employment Issues for Multi-National Employers and Employees
  by Wayne N. Outten, Jack A. Raisner, Lankenau Kovner Kurtz and Outten, LLP
  Outten & Golden LLP, 1998

Speaking Engagements

2011

• Mar 25 ABA, LABOR & Employment Law Section, Employment Rights & Responsibilities Committee Moderator: "A Comparison of How Litigation is Handled Outside the U.S." Moderator: Alternative Fee Arrangements from Different Countries" San Juan, Puerto Rico

2010

• Oct 5 New York City Bar Association "Supreme Court Developments in Employment Law in 2010: What You Need to Know in This Changing Landscape" Nwe York, NY
  
  
• Aug 19 Practising Law Institute, Bridge-The-Gap II for Newly Admitted Attorneys "Skills for Alternative Dispute Resolution" New York, NY
  
  
• May 11 ABA, Labor & Employment Law Section, International "Cross-Border Labor Importation and Migration: Implications for U.S. and E.U. Lawyers" Istanbul, Turkey
  
  
• Apr 9 CUNY School of Law Public Interest Award of the Public Interest Law Student Association New York, NY
  
  
• Mar 26 ABA, Labor & Employment Law Section, "Strategies for Meeting Diversity Goals in the Legal Profession" San Diego, CA
  
  
• Mar 18 Hofstra Law School Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law: "Moving Towards the Future" Carle Place, NY
  
  
• Jan 14 CPR Institute for Conflict Prevention & Resolution, 2010 Annual Meeting - Global ADR: The New Reality Arbitration Under Attack: The Future of ADR NYC
  
  
• Jan 8 Law Education Institute - Labor & Employment Law We Don't Do Things That Way Here Stranger: International Practice Gotcha's Vail, CO

2009

• Nov 18 National Employment Lawyers/New Jersey Mediation Advocacy: the Perspective of Employee's Counsel New Brunswick, NJ
  
  
• Oct 23 Practising Law Institute, 38th Annual Institute on Employment Law Litigation Strategy: Plaintiffs' Counsel, A Moderated Discussion NYC
  
  
• Oct 14 New York University School of Law Regulating Executive Compensation NYC
  
  
• Oct 3 New York State Bar Association, Labor & Employment Law Section Fall Meeting Preparing for Mediation - Tips for the Advocate and Tips for the Mediator and Mandatory Arbitration - Pyett and Beyond Bolton Landing, NY
  
  
• Sep 30 National Employment Lawyers Association/New York Executive Employment Agreements & Executive Compensation NYC
  
  
• Jun 25 National Employment Lawyers Association Annual Convention Why Diversity Matters: Not Just Talking But 'Walking the Walk'. Rancho Mirage, CA
  
  
• May 28 Upper Midwest Employment Law Institute Competition "The Employment 'Pre-Nuptial' - Counsel Go Head to Head Over Non-Competion, Confidentiality and other Restrictions on Employees" and "The Divorce Wars - When the Departing Employee Leaves with Trade Secrets, Employees, and other Valuable Corporate Assets" St. Paul, MN
  
  
• May 18 UK Employment Lawyers Association Labor & Employment Law Conference - Co-Producer and Discussion Leader London
  
  
• Mar 27 ABA Labor & Employment Section, Committee on Ethics and Professionalism The Role of Courts in Policing Professionalism Key West, FL
  
  
• Feb 26 Association of Conflict Resolution of Greater New York Workplace Issues in the Current Economic Climate and the Role of Dispute Resolution NYC
  
  
• Feb 24 Association of Legal Administrators Protecting Your Rights as an Administrator Under the Law NYC
  
  
• Jan 5 Colorado Bar Association, National CLE Conference "Dealing with the International Employee" Vail, CO
  
  
• Jan 5 ABA Labor & Employment Law Section Annual CLE Conference Crucial Strategies in Negotiating Employment and Separation Agreements. Denver, CO

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