David E. Gottlieb

David E. Gottlieb

Attorney Profile

Top Rated Employment Litigation Attorney in New York, NY

Wigdor LLP
 | 85 Fifth Avenue, FL 5
New York, NY 10003
Phone: 212-257-6800
Fax: 212-257-6845
Selected To Super Lawyers: 2020
Selected To Rising Stars: 2014 - 2019
Licensed Since: 2006
Practice Areas:
  • Employment Litigation: Plaintiff (80%),
  • Employment Litigation: Defense (20%)
    Attorney Profile

    David E. Gottlieb is a Partner at Wigdor LLP and is an aggressive and zealous advocate for employees and victims of civil rights violations, including harassment, discrimination, retaliation, and wage and hour violations.  Mr. Gottlieb has represented thousands of employees in individual, multi-plaintiff, collective and class action litigation before a wide array of federal and state trial and appellate courts, administrative agencies, and arbitral forums.

     

    Publicity

    Mr. Gottlieb has handled numerous high-profile matters that have garnered significant media attention.  Mr. Gottlieb and his cases are routinely featured on CNN, FOX, NBC, ABC, CBS, National Public Radio, The New York Times, Fortune Magazine, The New York Daily News, The New York Post, Bloomberg, and TMZ, amongst many others.

     

    Experience and Types of Cases

    Mr. Gottlieb’s cases have touched virtually every professional industry including: banking, finance, hospitality, retail, advertising, manufacturing, transportation, fashion, education, government, communications, architecture, sports and media. 

    Sexual Harassment

    • Represented female sexual assault and harassment victim at large retailer which resulted in a judgment in her favor;
    • Represented female sexual harassment victim at large international media publication;
    • Represented victim of sexual assault by well-known journalist;
    • Represented female sexual assault and harassment victim at large food manufacturer who was terminated following her complaints of misconduct;
    • Representation of five plaintiffs in connection with high‐profile gender discrimination and disparate impact matter against major worldwide financial services firm;
    • Represented numerous female executives, managing directors, directors, vice presidents and analysts at numerous banks throughout the world with claims of sexual harassment, hostile work environment, glass-ceilings, failure-to-promote and unlawful termination;
    • Represented transgender woman in sexual harassment, discrimination and retaliation claims against one of the country’s largest retailers;

    Discrimination and Retaliation Cases

    • Represented numerous store detectives in a class action lawsuit against pharmacy giant CVS alleging that they were directed to engage in racial profiling and discrimination against customers in New York;
    • Represented numerous executive assistants to male financial professionals alleging a wide range of sexual misconduct and harassment, followed by retaliation;
    • Represented several employees with claims against major coffee retailer, ranging from disability discrimination to sexual harassment and retaliation;
    • Represented a former editor in a lawsuit alleging racial discrimination against major media publication;
    • Represented domestic workers for high-worth families alleging discrimination and retaliation;
    • Represented multiple former employees of a New York medical facility alleging sexual harassment, disability discrimination and retaliation;
    • Represented an executive of a New York manufacturing company in a lawsuit alleging racial discrimination, gender discrimination, and retaliation against the company’s President and CEO;
    • Represented multiple employees in pregnancy discrimination, sexual harassment and retaliation lawsuits against Tribeca-based architecture firm Despont Studios.

    Wage and Hour Class Action Lawsuits

    Mr. Gottlieb also has extensive experience representing employees in class actions alleging unlawful wage practices.  In particular, he has successfully litigated wage and hour class actions against numerous restaurant and hospitality industry employers. 

    • Lead counsel in a class action alleging federal and state wage and hour violations against Domino’s Pizza franchises across New York and Connecticut;
    • Lead counsel in a class action on behalf of home loan officers in a lawsuit alleging wage and hour violations against one of the largest banks in the world;
    • Represented numerous taxi and limousine drivers in both class action and individual wage and hour actions;
    • Lead counsel in a class action alleging wage and hour violations against renowned restaurant Tao;
    • Lead counsel in a class action alleging wage and hour violations against New York City nightclub Lavo;
    • Lead counsel in a class action alleging wage and hour violations on behalf of the service staff at upscale Chinese restaurant Phillippe;
    • Lead counsel in a class action alleging federal and state wage and hour violations against Michelin-starred chef David Bouley and his signature restaurant, Bouley;
    • Lead counsel in a class action alleging federal and state wage and hour violations on behalf of service employees at iconic Theatre-district restaurant Café Un Deux Troix;
    • Lead counsel in a class action against Real Housewife-owned restaurant Angelo’s of Mulberry Street;
    • Lead counsel in a class action against New York City hotspot 230 Fifth alleging numerous wage and hour violations;
    • Lead counsel in a class action against the De Seversky Mansion at the New York Institute of Technology, alleging improper collection of tips;
    • Lead counsel in class action against New York City landmark P.J. Clarke’s alleging violations of wage and hour laws.

     

    Notable Outcomes

    The following are samples of Mr. Gottlieb’s notable results:

    • Represented a class of home loan officers who alleged failure to pay overtime and other  wage   violations,   which   was   resolved   for   in   excess   of   $4,500,000;
    • Represented  a   class   of   limousine   drivers   who   alleged   misclassification   as independent   contractors,   unlawful   tip   retention   and   numerous   other   wage violations, which was resolved for $3,500,000;
    • Represented a woman who was sexually assaulted by her supervisor leading to her constructive discharge, which resulted in a judgment of approximately $2,000,000;
    • Represented a class of service employees at the de Seversky Mansion at the New York Institute of Technology alleging unlawful tip retention, which was resolved for $1,625,000;
    • Represented a class of servers and bartenders in a class action sexual harassment and wage-and-hour dispute, which settled for an aggregate total of $1,800,000;
    • Represented a collective of employees against one of the largest architectural firms in the world, alleging an array of unlawful wage practices, resulting in payment in excess of $1,500,000; and
    • Represented a class of consumers in a racial discrimination class action against Sephora alleging the makeup company breached its contract when it deactivated thousands of accounts created with Chinese domain name email addresses, which settled for $950,000.

     

    Additional and Pro Bono Representation

    Mr. Gottlieb has also acted as the pro bono general legal counsel for a prominent New York City-based LGBTQ advocacy organization.

    Mr. Gottlieb previously worked for The Innocence Project, a nationally recognized organization devoted to the exoneration of wrongfully convicted inmates. Among other accomplishments, Mr. Gottlieb was involved in the matter of Williams v. Carter, No. 03-cv-1067 (S.D. Ind. 2003), wherein a death row inmate received an eleventh-hour stay of execution and ultimately clemency on account of exculpatory DNA evidence.

     

    Awards

    Mr. Gottlieb has been selected as Super Lawyer Rising Star by Super Lawyers (2014 -2018).

     

    Education

    Mr. Gottlieb received his Undergraduate Degree from the University of Arizona and his Juris Doctorate from the University of Miami School of Law.

     

    Admitted to Practice

    Mr. Gottlieb is admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York, as well as, the Second Circuit Court of Appeals.

    About David Gottlieb

    Admitted: 2006, New York

    Professional Webpage: https://www.wigdorlaw.com/portfolio/david-e-gottlieb/

    Honors/Awards:

    • Mr. Gottlieb has been selected as Super Lawyer Rising Star by Super Lawyers (2014 -2018)., Rising Star, Super Lawyers, 2018

    Bar/Professional Activity:

    • U.S. District Court for the Eastern District of New York , 2009
    • U.S. District Court for the Southern District of New York, 2008
    • New York City Bar Association 
    • New York, 2006
    • U.S. Second Circuit Court of Appeals, 2012

    Pro bono/Community Service:

    • Mr. Gottlieb previously worked for The Innocence Project, a nationally recognized organization devoted to the exoneration of wrongfully convicted inmates.  Among other accomplishments, Mr. Gottlieb was involved in the matter of Williams v. Carter, No. 03-cv-1067 (S.D. Ind. 2003), wherein a death row inmate received an eleventh-hour stay of execution and ultimately clemency on account of exculpatory DNA evidence.
    • Mr. Gottlieb has acted as the pro bono general legal counsel for a prominent New York City-based LGBTQ advocacy organization., 2018

    Scholarly Lectures/Writings:

    • President Donald Trump has publicly advocated for NFL owners to fire players who refuse to stand for the national anthem at football games. This raises the question: Would it be unlawful to fire an employee for refusing to do so, if the basis were to protest perceived societal racial injustice?, Expert Analysis, Did Trump Ask the NFL to Break the Law?, Law360, Employment, Legal Industry, 2017
    • To provide even further confidentiality protection, sometimes a settling party will ask that the complainant’s counsel be bound to a confidentiality agreement as well. This raises an important issue: Under the ethical rules, can a claimant’s counsel agree to hold information regarding a publicly filed litigation as confidential?, Expert Analysis, Confidentiality Agreements Cannot Restrict a Lawyer’s Right to Practice, New York Law Journal, Employment, Legal Industry, 2018

    Verdicts/Settlements:

    • Represented a class of limousine drivers who alleged misclassification as independent contractors, unlawful tip retention and numerous other wage violations, which was resolved for $3,500,000.
    • Represented a class of servers and bartenders in a class action sexual harassment and wage-and-hour dispute, which settled for an aggregate total of $1,800,000.
    • Represented a class of service employees at the de Seversky Mansion at the New York Institute of Technology alleging unlawful tip retention, which was resolved for $1,625,000.
    • Represented a woman who was sexually assaulted by her supervisor leading to her constructive discharge, which resulted in a judgment of approximately $2,000,000.
    • Represented a collective of employees against one of the largest architectural firms in the world, alleging an array of unlawful wage practices, resulting in payment in excess of $1,500,000.

    Representative Clients:

    • Lead counsel in a class action against Real Housewife-owned restaurant Angelo’s of Mulberry Street.
    • Lead counsel in class action against New York City landmark P.J. Clarke’s alleging violations of wage and hour laws.
    • Lead counsel in a class action against the De Seversky Mansion at the New York Institute of Technology, alleging improper collection of tips.
    • Lead counsel in a class action against New York City hotspot 230 Fifth alleging numerous wage and hour violations.
    • Lead counsel in a class action alleging federal and state wage and hour violations on behalf of service employees at iconic Theatre-district restaurant Café Un Deux Troix.
    • Lead counsel in a class action alleging federal and state wage and hour violations against Michelin-starred chef David Bouley and his signature restaurant, Bouley.
    • Lead counsel in a class action alleging wage and hour violations on behalf of the service staff at upscale Chinese restaurant Phillippe.
    • Lead counsel in a class action alleging wage and hour violations against New York City nightclub Lavo.
    • Lead counsel in a class action alleging wage and hour violations against renowned restaurant Tao.
    • Represented numerous taxi and limousine drivers in both class action and individual wage and hour actions.
    • Lead counsel in a consumer fraud class action on behalf of current and former gym members against Town Sports International (TSI), the parent company of New York Sports Clubs, Boston Sports Clubs, Washington Sports Clubs and Philadelphia Sports Clubs, alleging that TSI engages in unlawful and deceptive practices by continuing to charge membership dues even after members give notice of cancellation., 2018
    • Lead counsel in a class action on behalf of home loan officers in a lawsuit alleging wage and hour violations against one of the largest banks in the world.
    • Represented multiple employees in pregnancy discrimination, sexual harassment and retaliation lawsuits against Tribeca-based architecture firm Despont Studios., 2018
    • Lead counsel in a class action alleging federal and state wage and hour violations against Domino’s Pizza franchises across New York and Connecticut., 2018
    • Represented an executive of a New York manufacturing company in a lawsuit alleging racial discrimination, gender discrimination, and retaliation against the company’s President and CEO.
    • Represented multiple former employees of a New York medical facility alleging sexual harassment, disability discrimination and retaliation.
    • Represented domestic workers for high-worth families alleging discrimination and retaliation.
    • Represented a former editor in a lawsuit alleging racial discrimination against major media publication.
    • Represented transgender woman in sexual harassment, discrimination and retaliation claims against one of the country’s largest retailers.
    • Represented several employees with claims against major coffee retailer, ranging from disability discrimination to sexual harassment and retaliation.
    • Represented numerous executive assistants to male financial professionals alleging a wide range of sexual misconduct and harassment, followed by retaliation.
    • Represented numerous store detectives in a class action lawsuit against pharmacy giant CVS alleging that they were directed to engage in racial profiling and discrimination against customers in New York.
    • Represented victim of sexual assault by well-known journalist.
    • Represented numerous female executives, managing directors, directors, vice presidents and analysts at numerous banks throughout the world with claims of sexual harassment, hostile work environment, glass-ceilings, failure-to-promote and unlawful termination.
    • Representation of five plaintiffs in connection with high‐profile gender discrimination and disparate impact matter against major worldwide financial services firm.
    • Represented female sexual assault and harassment victim at large food manufacturer who was terminated following her complaints of misconduct.
    • Represented female sexual harassment victim at large international media publication.
    • Represented female sexual assault and harassment victim at large retailer which resulted in a judgment in her favor.

    Educational Background:

    • University of Arizona, B.A.,Double Major in Political Science and Philosophy, 2002, 2002
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    Office Location for David E. Gottlieb

    85 Fifth Avenue
    FL 5
    New York, NY 10003

    David E. Gottlieb:

    Last Updated: 3/18/2020

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